Syiah Kuala Law Journal最新文献

The Integration of Judicial Review in Indonesia 印尼司法审查的整合

Syiah Kuala Law Journal Pub Date : 2023-02-07 DOI: 10.24815/sklj.v6i3.26940

Airlangga Gama Shakti, Maharani Wicahyaning Tyas, M. Farid

{"title":"The Integration of Judicial Review in Indonesia","authors":"Airlangga Gama Shakti, Maharani Wicahyaning Tyas, M. Farid","doi":"10.24815/sklj.v6i3.26940","DOIUrl":"https://doi.org/10.24815/sklj.v6i3.26940","url":null,"abstract":"The judicial review is the essence of constitutional justice. At this time, Indonesia has adopted a dualism system in judicial review, which creates problems. This study aims to analyze the current judicial review system and examine the integration of judicial review by the Constitutional Court as ius constituendum. In reviewing the legal problems in this research, the Constitutional Court used the juridical-normative method. Furthermore, this research also uses a regulatory approach and a comparative study in Austria and Germany. The results show that Articles 24A and 24C of the Indonesia Constitutionhave delegated the Supreme Court the right to judicial review of regulations under the law, while the Constitutional Court has judicial review against the Indonesia Constitution. This raises problems, from practice to the difficulty of guarding the hierarchy of norms from Regional Regulations to the Indonesia Constitution. Judicial review at the Supreme Court also still has problems, especially transparency and accountability, because they have a closed nature. If analyzed in Austria, the Constitutional Court has the authority to judicial review the constitutionality of laws and the legality of administrative regulations (policies). In Germany, the Federal Constitutional Court has the authority to judicial review the law against the constitution. Therefore, there is a need for an urgency to integrate the judicial review by the Constitutional Court through the Amendment to the Indonesia Constitutionand several revisions to the regulations.","PeriodicalId":142500,"journal":{"name":"Syiah Kuala Law Journal","volume":"115 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128688488","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

CASE STUDY DECISION OF PEMATANG SIANTAR STATE COURT NUMBER 288/PID.B/2020/PN PMS REGARDING MURDER COMMITTED BY HALLUCINATION SUFFERERS 佩马唐县法院第288号判决书。B/2020/ pn关于幻觉患者谋杀的PMS

Syiah Kuala Law Journal Pub Date : 2022-12-01 DOI: 10.24815/sklj.v6i3.30723

Nurhafifah Nurhafifah, F. Husna

{"title":"CASE STUDY DECISION OF PEMATANG SIANTAR STATE COURT NUMBER 288/PID.B/2020/PN PMS REGARDING MURDER COMMITTED BY HALLUCINATION SUFFERERS","authors":"Nurhafifah Nurhafifah, F. Husna","doi":"10.24815/sklj.v6i3.30723","DOIUrl":"https://doi.org/10.24815/sklj.v6i3.30723","url":null,"abstract":"The decision 288/Pid.B/2020/PN Pms of the Pematang Siantar District Court on the murder committed by a psychotic schizophrenic (hallucinations). In this ruling, the judge concluded that the defendant, Suheri Sihombing, had been lawfully and conclusively established to have violated Section 338 of the Criminal Code, committing the crime of murder. Even though the defendant has paranoid schizophrenia, the judge believes he can still be held accountable for his conduct, therefore he is sentenced to thirteen years in jail. The findings indicate that the judge in case 288/Pid.B/2020/PN Pms did not consider the trial's facts when rendering a verdict. The judge did not voice his thoughts on the defendant with paranoid schizophrenic mental disease. The judge did not give significant consideration to Article 44, paragraph 1, of the Criminal Code concerning criminal abolition. According to Article 44 of the Criminal Code, defendants with mental problems might be ordered to spend one year in a mental hospital. The panel of judges at the Pematang Siantar District Court found the defendant guilty, resulting in a decision that did not maximally satisfy the norm of legal fairness.","PeriodicalId":142500,"journal":{"name":"Syiah Kuala Law Journal","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124044343","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Enigma Implementation of Predictive Algorithms in Indonesian Legal Perspective 印尼法律视角下预测算法的Enigma实现

Syiah Kuala Law Journal Pub Date : 2022-12-01 DOI: 10.24815/sklj.v6i3.27870

R. Ramadani, Steven Liechardo, Audy Danial Wibawanto, Yoga Firdausi

{"title":"The Enigma Implementation of Predictive Algorithms in Indonesian Legal Perspective","authors":"R. Ramadani, Steven Liechardo, Audy Danial Wibawanto, Yoga Firdausi","doi":"10.24815/sklj.v6i3.27870","DOIUrl":"https://doi.org/10.24815/sklj.v6i3.27870","url":null,"abstract":"Predictive Modeling is a statistical technique that can predict future results with the help of historical data and machine learning tools to see if there is a potential for criminal acts in an area using technology. If the Predictive Algorithm is applied to a system in Indonesia, Indonesia must first consider the mechanism for using the system and the risk impact of the system. This research uses normative juridical research. This study uses several approaches, namely the statutory and conceptual approaches. What needs to be considered if this system is implemented in Indonesia is that there is currently no law on personal data, so there are still norms in the regulation of personal data, incomplete regulations regarding Indonesian cyber crime, violations such as the presumption of innocence, and Indonesia must revamp the system. Judiciary in Indonesia, considering there are still areas lacking internet signal. The use of Predictive Algorithms in certain sectors has a good impact. Still, the implementation of Predictive Algorithms in the government sector, especially the Criminal Justice System, violates the human rights of the suspects or suspects related; before the performance of the Predictive Algorithm system, Indonesia must prepare a special law with Personal Data and Reform of the Justice System in Indonesia.","PeriodicalId":142500,"journal":{"name":"Syiah Kuala Law Journal","volume":"84 Pt 2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129006838","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Existence of the Rule of Law’s Problem: Over-regulation of Policy Regulations 法治问题的存在:政策规制的过度规制

Syiah Kuala Law Journal Pub Date : 2022-12-01 DOI: 10.24815/sklj.v6i3.27307

I. Kurniawan

{"title":"The Existence of the Rule of Law’s Problem: Over-regulation of Policy Regulations","authors":"I. Kurniawan","doi":"10.24815/sklj.v6i3.27307","DOIUrl":"https://doi.org/10.24815/sklj.v6i3.27307","url":null,"abstract":"The rule of law must be interpreted comprehensively, including regulation of the community through appropriate legal products. In this case, the phenomenon of many policy regulations requires a separate study related to the conception of the rule of law. This study aims to analyze the number of regulatory and external policy regulations that should be regulated in laws and regulations. This research is a normative legal research with a statutory approach and a conceptual approach. Primary legal materials include: Law no. 12 of 2011, Law no. 15 of 2019, Law no. 30 of 2014 and Law no. 13 of 2022. Secondary legal materials include: books, journal articles, as well as research results related to the legal ambiguity of the meaning of policy regulations in statutory regulations. Non-legal materials include legal dictionaries. The results of the study indicate that the concept of the rule of law actually places the position of laws and regulations as vital in an effort to regulate and organize society. In addition, evaluation of regulatory policy regulations can be carried out by representative institutions of the people and the general public through administrative efforts to the Administrative Court.","PeriodicalId":142500,"journal":{"name":"Syiah Kuala Law Journal","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131443900","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Aceh’s Government Role Implementation in Overcoming Emergency of Natural Disaster and Outbreak of Diseases 亚齐省政府在克服自然灾害紧急情况和疾病暴发中的作用落实

Syiah Kuala Law Journal Pub Date : 2022-12-01 DOI: 10.24815/sklj.v6i3.30312

M. Gaussyah, Mirja Fauzul Hamdi, Ahmad Mirza Safwandy

{"title":"Aceh’s Government Role Implementation in Overcoming Emergency of Natural Disaster and Outbreak of Diseases","authors":"M. Gaussyah, Mirja Fauzul Hamdi, Ahmad Mirza Safwandy","doi":"10.24815/sklj.v6i3.30312","DOIUrl":"https://doi.org/10.24815/sklj.v6i3.30312","url":null,"abstract":"This article addresses how to implement the Government of Aceh's role in resolving emergency circumstances resulting from natural and man-made disasters. As a strategy for addressing the post-disaster effects in Aceh, it is essential to implement regulations and policies that anticipate emergency circumstances and disaster emergencies. Aceh has a high risk of natural and man-made disasters, necessitating the active participation of the Aceh government and the entire community in anticipating and mitigating these risks. The Government of Aceh must be able to carry out its responsibilities successfully and efficiently, particularly in emergency situations. This can be achieved through the development of swift, accurate, solution-oriented, and responsive legislation. Decentralization of affairs and authority from the centre to the regions to formulate regulations and policies according to regional interests are supporting factors for the Aceh Government's role in dealing with disaster emergencies, while the absence of regulations that give direct authority to the Aceh Government to compile practical regulations and policies in dealing with emergency situations are inhibiting factors.","PeriodicalId":142500,"journal":{"name":"Syiah Kuala Law Journal","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115799231","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Perspectives of Legal Progressivism Concerning Song Royalty Payments 关于歌曲版税支付的法律进步主义视角

Syiah Kuala Law Journal Pub Date : 2022-12-01 DOI: 10.24815/sklj.v6i3.27337

Dina Kurniawati

{"title":"The Perspectives of Legal Progressivism Concerning Song Royalty Payments","authors":"Dina Kurniawati","doi":"10.24815/sklj.v6i3.27337","DOIUrl":"https://doi.org/10.24815/sklj.v6i3.27337","url":null,"abstract":"The Royalty is actually an economic right that must be accepted by the creator as a form of respect and reward for a work. In this case, the existence of rules regarding the payment of royalties is important in ensuring legal certainty. Even so, the economic right to pay royalties must also take into account social realities. This is especially the case when cafés are subject to royalty payments for music and songs. Of course, the lack of clarity about the meaning of café makes every coffee shop also have to pay royalties. This research is a normative legal research with legal issues of legal ambiguity on the meaning of café. This research is a juridical-normative research. The research uses two approaches, namely the legislation approach and the concept approach. The legal materials in this study are primary legal materials which include: the 1945 Constitution of the Republic of Indonesia, Law no. 28 of 2014 concerning Copyright, and Government Regulation No. 56 of 2021 concerning Management of Song and/or Music Copyright Royalties. Secondary legal materials include: books, journal articles, to research results. Non-legal materials include language dictionaries. The results of the study confirm that the progressive legal aspect of royalty payments must place royalties not only as a right but also as an effort to promote public welfare. The emphasis on the creator's economic rights in paying royalties is actually contrary to the value of justice from a progressive legal perspective. Thus, the President should revise the PP royalty by providing firm, clear, and limitative information.","PeriodicalId":142500,"journal":{"name":"Syiah Kuala Law Journal","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116408435","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

LEGAL STUDY ON THE ACTION OF PKPU ADMINISTRATORS THAT CONDUCTED ILLEGAL INCREASE OF CREDITORS’ RECEIVABLES pkpu管理人非法增加债权人应收款行为的法律研究

Syiah Kuala Law Journal Pub Date : 2022-12-01 DOI: 10.24815/sklj.v6i3.28581

Margareth Rae Sita

引用次数: 0

LEGAL LIABILITY OF THE PARTIES TO THE TRAGEDY OF THE MATCH AT KANJURUHAN STADIUM INDONESIA 印尼kanjuruhan体育场比赛悲剧双方的法律责任

Syiah Kuala Law Journal Pub Date : 2022-12-01 DOI: 10.24815/sklj.v6i3.28803

Rianda Dirkareshza, M. R. Yudha Prawira

{"title":"LEGAL LIABILITY OF THE PARTIES TO THE TRAGEDY OF THE MATCH AT KANJURUHAN STADIUM INDONESIA","authors":"Rianda Dirkareshza, M. R. Yudha Prawira","doi":"10.24815/sklj.v6i3.28803","DOIUrl":"https://doi.org/10.24815/sklj.v6i3.28803","url":null,"abstract":"Fanaticism towards high football in Indonesia has essentially been embedded in people's lives. The adverse impact of the phenomenon on his travels has evolved into hooliganism. The purpose of this article is to find out the responsibility of the parties to the tragedy of the match at the Kanjuruhan Stadium in Indonesia. The research methods used are Normative Juridical and Socio Phenomena to reveal cases that do not yet have permanent legal force (In Kracht) so that they are classified into a phenomenon, the approaches used are Statue Approach and the case approach. The results of the study revealed first, the organizing committee violated the provisions of Article 19 letter b of the FIFA Legal Handbook which states \"firearms or mass control gas must not be carried or used and Article 21 letter c the organizing committee is required to ensure that no door or gate is locked under any circumstances. Second, the Executive Committee of the Police element is indicated to have violated the Regulation of the Chief of Police of the Republic of Indonesia Number 1 of 2009 concerning the Use of Force in Police Actions which regulates the stages that must be carried out when wanting to use force. Third, the Indonesian Football Association (PSSI) is assumed to be responsible in accordance with 50 paragraphs (1) of Law Number 11 of 2022 concerning Sports.","PeriodicalId":142500,"journal":{"name":"Syiah Kuala Law Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130105450","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Actions By KPI As A Supervisory Institution Against Advertisements That Violate Ethics 关键绩效指标(KPI)作为广告违规监管机构的行为

Syiah Kuala Law Journal Pub Date : 2022-12-01 DOI: 10.24815/sklj.v6i3.28544

Sherly Angelina, D. Tarina

{"title":"Actions By KPI As A Supervisory Institution Against Advertisements That Violate Ethics","authors":"Sherly Angelina, D. Tarina","doi":"10.24815/sklj.v6i3.28544","DOIUrl":"https://doi.org/10.24815/sklj.v6i3.28544","url":null,"abstract":"Advertising is a tool used by business actors to promote their products. Advertisements must contain complete, correct, clear, and honest information regarding the product. Moreover, advertisement must follow broadcastiong ethics. The broadcasting ethics are listed in Law Number 32 of 2002 concerning Broadcasting, KPI Regulation Number 01/P/KPI/03/2012 concerning Broadcasting Behavior Guidelines, KPI Regulation Number 02/P/KPI/03/2012 concerning Broadcast Program Standards, and Advertising Ethics Indonesia. However globalization causes rapid developments in the digital world that resulting in advertising often violating broadcasting ethics. The purpose of this study is to explain the supervisory function carried out by KPI and analyze KPI’s actions against advertisements thay violate ethics. The research method used is emperical juridical with a statutory approach and a case approach. The result is supervision carried out by KPI, namely by monitoring every advertisement that is being broadcast and if it is found or there is a report on advertisements that violate ethics, administrative sanctions will be given in accordance with the decision of the 9 (nine) Commissioners on Plenary Meeting.","PeriodicalId":142500,"journal":{"name":"Syiah Kuala Law Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120944241","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

THE EXISTENCE OF THE ELECTION SUPERVISORY AGENCY POST 2024 BASED ON POSITIVE LAW 选举监督机关的存在是基于成文法的2024年后

Syiah Kuala Law Journal Pub Date : 2022-12-01 DOI: 10.24815/sklj.v6i3.28441

Murjani Murjani, Suwardi Sagama

引用次数: 0