NEGREI: Academic Journal of Law and Governance最新文献

{"title":"Comparison of Personal Data Protection Laws Using Narrative Policy Framework Between Indonesia, Malaysia, and Japan","authors":"Yusran Panca Putra","doi":"10.29240/negrei.v2i2.5527","DOIUrl":"https://doi.org/10.29240/negrei.v2i2.5527","url":null,"abstract":"The era of information and communication technology continues to grow and shows a significant increase. is a type of offensive maneuver used by a state, individual, group, or organization that targets computer information systems, infrastructure, computer networks, and or personal computer devices using malicious acts which usually originate from anonymous sources who steal, modify or destroy the specified target by hacking a vulnerable system. Cyberattacks can happen in any part of the country. The increasing use of the internet has the risk of increasingly massive hacking threats. The National Cyber and Crypto Agency (BSSN) noted that until April 2022, cyber attacks in Indonesia reached 100 million cases. This research benchmarks the situation of cyber attacks and personal data protection regulations in Indonesia with countries that have better handling of cyber crimes. The method is to compare narrative elements in the form of heroes, villains, and victims in each country, using the Narrative Policy Framework (NPF) analysis method. The Narrative Policy Framework is an approach or research framework on the public policy process, it is identified that the hero character represented by comprehensive personal data protection regulations has long been used by Japan and Malaysia. The character of heroes in Indonesia seems not to be too dominant because there are villains who are present in the form of the absence of unified regulations for the protection of personal data from the threat of cyber attacks","PeriodicalId":266014,"journal":{"name":"NEGREI: Academic Journal of Law and Governance","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127705593","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}

{"title":"Government System of the Islamic Kingdoms of the Archipelago (Case Study: Sultan’s Appointment, Authority, and Exemplar of Former Pekal Kingdom, Mukomuko)","authors":"Etry Mike","doi":"10.29240/negrei.v2i1.4903","DOIUrl":"https://doi.org/10.29240/negrei.v2i1.4903","url":null,"abstract":"Bengkulu Province used to have a number of small kingdoms as stated in historical records before 1685, namely the Empat Petulai Kingdom also known as the Depati Tiang Empat Kingdom with its Rajo Depati dwelled in the Bukit Barisan Mountain in Rejang Lebong Regency, on the coastal area of Bengkulu, the Sungai Serut Kingdom, the Selebar Kingdom in the Lembak area of North Bengkulu, the Sungai Lemau Kingdom in the Pondok Kelapa area of North Bengkulu, and the Anak Sungai Kingdom in Muko-Muko. This is field legal research. This research employs legal and historical research with the statute, historical, and comparative approaches. The specification of this research is descriptive-analytical. These small kingdoms did not form a state with absolute power. The kingdom consisted of hamlets led by a chief elected by the residents and the hamlet heads voluntarily joined the kingdom, where the King was the symbol of unity. The kingdom of the Anak Sungai Muko-Muko in its recent development declared itself the Sultanate of Pekal on July 29, 2017. The Supreme Chief of Kaum consists of seven clans in the community who inhabit the Pekal area, administratively occupying the Ipuh and Ketahun sub-districts in the district of Muko-Muko, Bengkulu Province. It is interesting to research this kingdom because it is the only former kingdom in Bengkulu included in the Yayasan Kerajaan Kesultanan Nusantara (YKKN).   ","PeriodicalId":266014,"journal":{"name":"NEGREI: Academic Journal of Law and Governance","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127770808","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}

{"title":"The Impact of the ASEAN Way and We Feeling Concepts on Indonesia's Involvement in Strengthening Regionalism","authors":"Novita H Sari, I. Indrayani","doi":"10.29240/negrei.v2i1.4584","DOIUrl":"https://doi.org/10.29240/negrei.v2i1.4584","url":null,"abstract":"Indonesia is an inseparable part of a regional organization in the Southeast Asia region, namely ASEAN. The role of Indonesia also determines the movement of the ASEAN regional organization and strengthens ASEAN's position in the world view. The production of a Plan of action for the three main pillars of the ASEAN community, namely the ASEAN Security Community, the ASEAN Economic Community, and the ASEAN Socio-Cultural Community listed in the Bali Concord II which is the basis of ASEAN's future work, is one proof of Indonesia’s role in strengthening regionalism. At the time of the establishment of the ASEAN Community, it was necessary to have a sense of community among its members, so that then ASEAN organizations were required to have a sense of belonging (We Feeling) in their organization to continue to ensure the sustainability of the community in the Southeast Asia region. This paper aims to examine the contribution of interregionalism involving Indonesia as a member state of the ASEAN community in its involvement and role in strengthening regionalism through the concept of the ASEAN Way and We Feeling. This paper follows the theoretical argumentation of the concept of transactionalism, which states that intense and extensive interaction among regional actors is very important to produce a fundamental “We Feeling” foundation for the formation of regional organizations. Departing from this conception, this paper sees that the ASEAN Way factor as a universal norm of the ASEAN community provides a forum as well as boundaries for Indonesia's involvement in order to strengthen regionalism in the region. This can be seen through the non-intervention policy in the ASEAN Way, in which Indonesia is politically restricted from being involved in the internal affairs of other community members.","PeriodicalId":266014,"journal":{"name":"NEGREI: Academic Journal of Law and Governance","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133388732","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}

{"title":"Human Rights for The Elderly Group in Indonesia: Elderly in The Era of Covid 19","authors":"A. Baidhowi","doi":"10.29240/negrei.v2i1.3629","DOIUrl":"https://doi.org/10.29240/negrei.v2i1.3629","url":null,"abstract":"The 1945 Constitution essentially guarantees that every citizen in national development in all aspects of life \"promotes general welfare and social justice\". Among the achievements of general welfare is the realization of better public health. The implication is that the life expectancy of the Indonesian population is increasing and the number of elderly or elderly people is increasing. However, the bad news regarding the Coronavirus Disease-19 (Covid-19) pandemic is that the elderly are vulnerable to being exposed to Covid-19. The data from the World Health Organization (WHO) shows that more than 95% of deaths occur at the age of 60 years or older (WHO, 2020). How is the elderly social protection provided by the government and society's elderly social institutions during the Covid-19 pandemi?, and what is the urgent need for these elderly social institutions in protecting the elderly during the Covid-19 pandemic? The methodology in this study uses a mixed method rapid study approach. Creswell interprets it as a research method characterized by the collection of quantitative data in the first stage, then followed by the collection and analysis of qualitative data in the second stage in order to support the results of the quantitative research conducted in the previous stage. The conclusion of this study states that the elderly have the right to obtain maximum protection. Ministry of Social Affairs R.I. as a government mandatory for the realization of the welfare of the elderly has an important and strategic role in this. For this reason, the Ministry of Social Affairs needs to continue to develop policies for the protection of the elderly according to contemporary dynamics. The study is an important instrument for developing policies, in this case the protection of the elderly. In this regard, the Center for Social Welfare Research and Development views the urgency of conducting a study on \"Social Protection of the Elderly during the Covid-19 Pandemic in Government and Community Elderly Social Institutions\" as an information and input for the development of the intended elderly protection policy.   ","PeriodicalId":266014,"journal":{"name":"NEGREI: Academic Journal of Law and Governance","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124563034","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}

{"title":"Juridical Overview of the Position of the Regional Representative Council (DPD) of the Republic of Indonesia in the Legislation System in Indonesia","authors":"David Aprizon Putra","doi":"10.29240/negrei.v2i1.4607","DOIUrl":"https://doi.org/10.29240/negrei.v2i1.4607","url":null,"abstract":"The establishment of the Regional Representative Council (DPD) is also intended to reform the structure of representation in Indonesia into two chambers (bicameral), so that the People’s Consultative Assembly (MPR) consists of the DPR and DPD. With this bicameral structure, it is hoped that the legislative process can be carried out based on a double-check system that allows the representation of the interests of all the people to be relatively distributed on a broad social basis. This research is a normative juridical research, trying to explore and analyze problems using a conceptual approach and legislation.  It is strongly felt that the functions and powers as stated in Article 22 D of the 1945 Constitution after the amendments are difficult to realize the aims and objectives of the establishment of the DPD RI, especially with the provisions in the MD3 Law and the PPP Law. However, now after the issuance of the Constitutional Court of Indonesia’s decision stating that the provisions in the MD3 Law and the PPP Law related to the DPD's authority were declared contrary to the Constitution, now the DPD has an equal position and has equal rights and obligations with the DPR and the President in terms of formulating legislation. With this equal position, the DPD can submit a Draft Law (RUU) related to the region, which includes autonomy, financial balance between the center and the regions, the relationship between the central and regional governments, the formation and expansion and amalgamation of regions, as well as natural resource management. It is hoped that after the decision of the Constitutional Court, the performance of the DPD, especially in the service of forming regulations related to autonomy and development. After the decision of the Constitutional Court, the performance of the DPD, especially in the service of forming regulations related to autonomy and development, is expected","PeriodicalId":266014,"journal":{"name":"NEGREI: Academic Journal of Law and Governance","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130485897","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}

{"title":"The Relationship Between Religion and The State in Indonesia, and Its Relation to Islamic Law","authors":"A. Hamidi, Asasriwarni Asasriwarni, Ikhwan Matondang","doi":"10.29240/negrei.v2i1.3783","DOIUrl":"https://doi.org/10.29240/negrei.v2i1.3783","url":null,"abstract":"The relationship between religion and the state has become an actual and dynamic discourse in every phase of the development of civilization, both in the West and in the East. The debate revolves around the question of the form of the state, whether it is integral, symbiotic, or secular. Departing from this discourse, this study examined the existence of the relationship between religion (Islam) and the state in Indonesia. The approach used was Martin Heidegger's hermeneutics, while the study method used was a comparative method. The results of this study indicate that historically-normatively, the Prophet SAW had formulated the State of Medina based on the Medina Charter which spirit was based on the texts of the Qur'an, not an Islamic state based on the literal Qur'an. The scholars who became the founders of the Indonesian state had also formulated Pancasila as stated in the Preamble to the 1945 Constitution of the Republic of Indonesia as the ideal building for establishing relations between religion and the state in Indonesia, so that religion and the state could develop dialectically. The substance of religious norms was applied after promulgation and in accordance with Pancasila and the 1945 Constitution of the Republic of Indonesia. Therefore, the ideal relationship between religion and the State could be built based on a symbiotic or dynamic-dialectical typology.","PeriodicalId":266014,"journal":{"name":"NEGREI: Academic Journal of Law and Governance","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127269975","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}

{"title":"Myanmar Military Forces Atrocities Against the Rohingya under International Criminal Law","authors":"Ogiandhafiz Juanda","doi":"10.29240/negrei.v1i2.3825","DOIUrl":"https://doi.org/10.29240/negrei.v1i2.3825","url":null,"abstract":"The Rohingya, a Muslim ethnic minority group living in northern Rakhine State, Western Myanmar, are considered among the most persecuted minorities in the world. The Rohingya People have been subjected to a variety of significant violations and human rights abuses as a result of their lack of citizenship. They are victims of a series of massacres and inhumane treatment committed by Myanmar military forces, such murder, kidnapping, rape, force labour, torture, extrajudicial executions, restrictions on movements, forced eviction and house and land destruction. In the previous ten years, several crackdowns on the Rohingya people in Rakhine have caused them to flee to neighboring countries. This article examines the atrocities committed by Myanmar military forces against the Rohingya people under international law, notably from the standpoint of international criminal law definition of crimes against humanity","PeriodicalId":266014,"journal":{"name":"NEGREI: Academic Journal of Law and Governance","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131996253","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}

{"title":"Modelling Australian Transaction Reports and Analysis Centre (AUSTRAC) for Indonesia in Order to Combat Financial Crime","authors":"Beny Saputra","doi":"10.29240/negrei.v1i2.3822","DOIUrl":"https://doi.org/10.29240/negrei.v1i2.3822","url":null,"abstract":"Financial technology (FinTech) rapidly expanding in Indonesia, fund manager around the world eager to invest and diversify their portofolio in this new business strategy, this is due to the fact that Indonesia is the largest economy in the South East Asian (ASEAN) region as well as the 4th most populated country in the planet. As a result this make the market for financial technology in Indonesia has enormous potential  in the future. However, because financial crime is a threat, Indonesia must enchancing their Anti Money laundry (AML) laws for being more practical and adaptable to the current situation. This paper will do doctrinal legal research to analyze effectiveness current law applicable to fight againts money launderer in Indonesia and  comparative law system with modelling AUSTRAC from the Australia which have similar issue with Indonesia. In this respect, data suggest Indonesia in condition almost rechtvaccum for financial tehcnology law and AUSTRAC system in Australia most likely sufficient to implement in Indonesia in order combat money launderer","PeriodicalId":266014,"journal":{"name":"NEGREI: Academic Journal of Law and Governance","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124932320","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}

{"title":"The Implementation of Asian Value on the Democratic System of Southeast Asia","authors":"Rachel Noorajavi","doi":"10.29240/negrei.v1i1.2562","DOIUrl":"https://doi.org/10.29240/negrei.v1i1.2562","url":null,"abstract":"The dichotomy between the east and the West has become a salient aspect in politics, where people tend to politicize the term to gain power or maintain any other movement. Democracy—as it has been a fascinating long-term issue to discuss—is a state system and the foundation of the establishment of the modern state nowadays. As the concept is constantly developing from time to time, it has been taken as a concern of leaders to implement the democratic ideology in their states—as the voices of people are now becoming the significant consideration in the term of rights where every human deserves the right to speak and right to decide, which apparently comes in the form of democracy. Learning on the condition of current states with the democratic system, sophisticating is to find Southeast Asia with democracy as a prominent actor in the system of the state. Nevertheless, the region has also implemented a value created by the moral and behavioral beliefs of the Asians, namely the Asian value. The value contains a plethora of moral and historical ideologies, and it maintained the establishment of states in Asia for decades since the monarchy era. However, given that there are some biases found due to the dichotomic perceptions between freedom in the democracy and the maintained culture in the Asian value, this study will elicit more on the discussion about these aspects using the method of qualitative literature review","PeriodicalId":266014,"journal":{"name":"NEGREI: Academic Journal of Law and Governance","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132629270","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}

{"title":"Waves and Reverse Waves: Turkey Democratization After the Coup of 1960","authors":"Fathur Rizki","doi":"10.29240/negrei.v1i1.2561","DOIUrl":"https://doi.org/10.29240/negrei.v1i1.2561","url":null,"abstract":"As the country that has been experiencing several changes of governmental system, especially after the coup of 1960, made Turkey as an attractive country to look at how they implement democracy. Democracy, which is the most widely used system in the world, has ups and downs in its application especially within Turkey that has long been ruled under the monarchy of Ottoman empire and republic party system, that considered as authoritarian before it leads to the coup of military. These cases refer to the development of democratization’s implementation within the country, and this paper will discuss how the waves and reverse waves of Turkey's democratization in the context of political parties’ participation in Turkish state's political stage, after the military coup in 1960 by implementing the theory of world’s democratization waves by Samuel P. Huntington. This paper also aims to analyze the development of Turkey democratization by observing several events that happened started after the military coup in 1960 and the rest until the it comes to contemporary issues by the rise of AKP party in 2002.","PeriodicalId":266014,"journal":{"name":"NEGREI: Academic Journal of Law and Governance","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126388461","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}