Jurnal Kajian Pembaruan Hukum最新文献

{"title":"Is Indonesia Ready to be the Party of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership?","authors":"P. Simbolon, Erik Mangajaya Simatupang","doi":"10.19184/jkph.v4i1.45699","DOIUrl":"https://doi.org/10.19184/jkph.v4i1.45699","url":null,"abstract":"The Comprehensive and Progressive Agreement for Trans-Pacific Partnership has been highlighted by Indonesia due to its enhanced rule-based nature. However, the anti-corruption issues and the environmental issues have triggered questions on whether Indonesia is clean or healthy enough to be the party to this agreement. This article aims to understand Indonesia's readiness to be a party to this agreement. It implements the doctrinal method by implementing the related rules of international law related to treaty suspension, anti-corruption, and environmental issues in Indonesia. The implementation of such a method is also supported by the treaty approach, conceptual approach, and case approach.  From the first discussion, it can be understood that treaty suspension is a regime constituted under the Vienna Convention on the Law of Treaties, and the CP-TPP’s Suspension has no specific deadline. The second discussion expresses that since Indonesia has not brought its anti-corruption rules in conformity with the United Nations Convention Against Corruption, the accession of CP-TPP may bring threats to Indonesia. This threat is caused by the CP-TPP dispute settlement mechanism's competence to settle disputes on anti-corruption issues. Lastly, the third discussion of this article states that the current Indonesian environmental law norms may be perceived as a potential threat to its national interests. Such a threat will arise if the current parties to the CP-TPP eventually decide not to suspend Article 20.17 concerning Conservation and Trade.","PeriodicalId":313528,"journal":{"name":"Jurnal Kajian Pembaruan Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140086126","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 Reformulation of Government Regulations in Lieu of Law: Constitutional Court's Decision Perspective","authors":"Habib Al Huda, I. M. Halmadiningrat, Gio Arjuna Putra, Anak Agung Arumi, Jayanti Kusumasari","doi":"10.19184/jkph.v3i2.43422","DOIUrl":"https://doi.org/10.19184/jkph.v3i2.43422","url":null,"abstract":"The President's issuance of Regulations in Lieu of Law No 1 of 2022 regarding the Job Creation represents a deliberate endeavor to operationalize and further refine the previously ratified Job Creation Law. The objective of this research is to provide a lucid comprehension of the formulation of the Regulations in Lieu of Law that adheres to the Constitutional Court's directives. This paper employs normative legal research methodologies, incorporating conceptual, historical, statutory, and jurisprudential analyses to scrutinize extant legal quandaries concerning the urgency and constitutionality of Regulations in Lieu of Law No 1 of 2022 regarding the Job Creation. Furthermore, the research yields the proposition that the promulgation of Government Regulation in Lieu of Law No. 1 of 2022 on Job Creation, vis-à-vis Constitutional Court Decision No. 91/PUU-XVIII/2020, may be regarded as a departure from the constitutional imperatives articulated in Constitutional Court Decision No. 91/PUU-XVIII/2020. Furthermore, concerning the reformulation of provisions governing the issuance of a Regulation in Lieu of Law by the President within the national legislative framework, a predicated state of emergency is a requisite antecedent. The President is obligated to communicate this state of emergency to the Indonesian People's Consultative Assembly and the public before promulgating the Regulation in Lieu of Law.","PeriodicalId":313528,"journal":{"name":"Jurnal Kajian Pembaruan Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139197720","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 Role of Regional General Election Commission to Prevent Null Vote: Challenges and Opportunities","authors":"Basuki Kurniawan","doi":"10.19184/jkph.v3i2.42103","DOIUrl":"https://doi.org/10.19184/jkph.v3i2.42103","url":null,"abstract":"Every five years the Indonesian state holds General Elections, one of which is the Presidential Election or General Election for the President and Vice President which adheres to the LUBER JURDIL principle. The holding of General Elections is not far from the actions of the people who practice Abstentions. The percentage of Abstentions in Sidoarjo Regency in the 2019 Presidential Election was 18.12%. One of the causes of Abstentions is because people adhere to a typology of pragmatism, that is, if they are going to vote, they do not look at the vision and mission but from what they get from the candidate pair. Abstentions are regulated in articles 442 and 443 of Law Number 7 of 2017 Concerning General Elections. KPU Sidoarjo Regency has a very important role to play in minimizing the number of Abstentions by conducting outreach to all levels of society about the importance of General Elections.The focus of the research in this study are: 1.) What caused the White Group to occur in the 2019 General Election for President and Vice President in Sidoarjo Regency? 2.) What is the role or strategy of the Sidoarjo Regency KPU in minimizing or reducing the number of Whites in the 2019 General Election for President and Vice President. The research method uses a type of empirical juridical research with data collection techniques namely observation, interviews, and documentation. This study uses descriptive data analysis. The validity of the data in this thesis uses source triangulation which explores data from different points of view.The results of this study are 1.) The causes of abstaining from the people of Sidoarjo Regency are dominated by a typology of pragmatic society where if they vote they do not see their vision and mission but what they get when they are about to vote. The absence of sanctions in Law Number 7 of 2017 Concerning General Elections results in people easily committing Abstentions, 2.) The Sidoarjo Regency KPU's role in minimizing the Abstentions figure is guided by KPU Regulation Number 10 of 2018 Concerning Socialization, Voter Education and Participation Society in the Implementation of General Elections. Suggestions from research for the public to be aware of the importance of elections and not to vote for Abstentions and for the KPU so that the TPS locations are not too far away so that people can easily reach them when they want to vote.","PeriodicalId":313528,"journal":{"name":"Jurnal Kajian Pembaruan Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139201099","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":"Strengthening Customary Forest Rights for Indigenous People in Indonesia Green Constitution Framework","authors":"Xavier Nugraha, Angelica Milano Aryani Wibisono, Alissa Angelia, Bryan Owen S., Putri Riska Answendy","doi":"10.19184/jkph.v3i2.43367","DOIUrl":"https://doi.org/10.19184/jkph.v3i2.43367","url":null,"abstract":"The ongoing struggle of indigenous people fighting for their rights to preserve the customary forests underscores the critical need to protect both cultural heritage and environment. This research focuses on implementing the Green Constitution in Indonesia, aiming to strengthen the existence of indigenous peoples and their customary rights to customary forests. However, there are significant problems with Article 33(3) of the 1945 Constitution which emphasizes the welfare of the people through the exploitation of natural resources, often neglecting aspects of environmental conservation and contradicting Indonesia's commitment to the Sustainable Development Goals (SDGs). As a result, the Indonesian Constitution has an anthropocentric orientation that prioritizes environmental preservation for human interests rather than fully reflecting the Green Constitution principles that emphasize environmental sustainability in line with human needs. The research used in this study is juridical-normative approach to analyze the law and relevant regulation regarding the issue at hand to identify possible solution towards the existing legal issues. This research identifies two main problems: first, to what extent the 1945 Constitution reflects the principles of the Green Constitution, and second, how efforts to strengthen the rights of indigenous peoples to customary forests reflect the Green Constitution. The results show that the 1945 Constitution has not fully adopted the principles of the Green Constitution, therefore measures are needed to strengthen the rights of indigenous peoples related to customary forests, including the elimination of conditional recognition through judicial interpretation of Article 18B paragraph (2) of the 1945 Constitution, to secure environmental conservation democratically and sustainably.","PeriodicalId":313528,"journal":{"name":"Jurnal Kajian Pembaruan Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139239173","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":"Artificial Intelligence and the Constitutional Court: A Newpath of Making Independent Decisions?","authors":"Vicko Taniady, Steven Theonald Siahaan","doi":"10.19184/jkph.v3i2.41726","DOIUrl":"https://doi.org/10.19184/jkph.v3i2.41726","url":null,"abstract":"The Constitutional Court is facing problems because many decisions are not in favor of the community and are not independent. The constitutional judges are sometimes not independent, as in cases of corruption, and there are indications of a change in the substance of the decision. This study aims to analyze how the procedures for constitutional judges make decisions, and then the authors relate it to the urgency of implementing AI in helping judges make decisions. The research method used is doctrinal and socio-legal. This research uses literature study techniques to obtain secondary data. The study results show that constitutional judges' existence is essential in maintaining the rule of law and democracy in Indonesia today. So, to face the problems today, AI is needed. AI is expected to assist constitutional judges in making decisions, document review, and predictive analysis. The application of AI has been carried out by many countries, which have succeeded in helping judges make decisions. However, several challenges must be prepared, such as the need for regular AI inspections, supervision of the use of AI by the Constitutional Court Honorary Council and the independent Constitutional Court technicians, and the need for a legal umbrella for the application of AI within the Constitutional Court.","PeriodicalId":313528,"journal":{"name":"Jurnal Kajian Pembaruan Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139334941","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":"Corporal Punishment in Educational Context: Criminal Law Regulatory Framework","authors":"Godeliva Ayudyana Suyudi, Fanny Tanuwijaya, I. G. W. Suarda, Glenn Wijaya","doi":"10.19184/jkph.v3i2.32630","DOIUrl":"https://doi.org/10.19184/jkph.v3i2.32630","url":null,"abstract":"Teachers may impose sanctions or Corporal Punishment on students for educational purposes. In several cases, the Corporal Punishment action taken by the teacher resulted in the imposition of criminal sanctions on the teacher. This paper describes the perspective of criminal law settlement in Corporal Punishment cases. This paper uses the normative juridical research method, which examines the application of positive legal norms. Hence, this paper interprets the corresponding law in the means of textually. Furthermore, researchers use a conceptual framework to illustrate a teacher’s professional duties and Corporal Punishment. Finally, this research uses qualitative descriptive analysis supported by a case approach. This research found that applying life skill-based and contextual learning methods may prevent the aftermath of teachers’ Corporal Punishment. Teachers, carrying out their professional duties, may avoid criminal charges for Corporal Punishment if these actions do not exceed reasonable limits, which result in student losses, both physically and psychologically. The functionalization of criminal law may be prevented using ultimum remedium in resolving Corporal Punishment cases. This may occur in settlement through restorative justice, which involves various parties in the educational process. Alternatively, criminal law settlement may be used in Corporal Punishment cases. Judges may apply the concept of individualized punishment in imposing sanctions on teachers who are proven guilty of Corporal Punishment. Finally, this paper recommends a psychological intervention to assess educators’ mental capacity. This may take form through periodic assessments to determine the competence of teachers as educators.","PeriodicalId":313528,"journal":{"name":"Jurnal Kajian Pembaruan Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139335224","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":"Workers Layoffs Caused from the COVID-19 Pandemic in Indonesia and the European Union","authors":"Sholahuddin Al-Fatih, Asrul Ibrahim Nur, N. Nilasari","doi":"10.19184/jkph.v3i1.33378","DOIUrl":"https://doi.org/10.19184/jkph.v3i1.33378","url":null,"abstract":"\u0000This article aims to find legal efforts of workers who layoffs caused by COVID-19 pandemic. Layoff in a company can occur when a company goes bankrupt until it cannot meet its employees' salaries. In addition, some others are not affected by layoffs but are laid off without getting a salary. That were a big problem to face new normal era, a daily life after pandemic. Using the normative legal research method, this paper aimed to explain and describe how COVID-19 affected a thousand workers around Indonesia and European Unian. Human rights, especially the rights of worker, use as a tool to analyze, how COVID-19 pandemic affected workers in Indonesia and European Union. As a result, this paper found that many people were laid off because of the COVID-19 pandemic; the government provides some facilities to help people who laid off during and after pandemic COVID-19, both in Indonesia and European Union perspective. Indonesia adopted some program, such as; a) Program for Family Hope; b) Food Donation Without Cash; c) Bantuan Sosial/Bansos; d) Village Funds; e) The Ministry of Social's social charity; f) Pre-Work Card (Kartu Prakerja); g) Donations made by the provincial government; h) Generosity from the city or regency administration; and i) The provincial government offers assistance to those who require housing. While, The EU has a constitution that guarantees that all citizens can work throughout the territory of the member states. \u0000","PeriodicalId":313528,"journal":{"name":"Jurnal Kajian Pembaruan Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125420667","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":"Local Governments’ Head Election in Indonesia: A Proposal for Asymmetric Model","authors":"Rati Chandra","doi":"10.19184/jkph.v3i1.31190","DOIUrl":"https://doi.org/10.19184/jkph.v3i1.31190","url":null,"abstract":"Indonesia has experienced the dynamics of the law on the local governments' head elections. Various mechanisms have been implemented to obtain the ideal model for filling executive positions at the local level. Unfortunately, the government efforts have yet to deliver optimal results. The irregularity of the legal dynamics also eventually caused various Government instability to corruption, post-electoral conflicts, and the high number of disputes over the local election results to the Constitutional Court is evidence of the imperfection of the mechanism adopted by the government. Furthermore, the costs that must be allocated to organize an election are quite high, which is different from the local election results. Moreover, the long process with the tendency of forced candidates produced corrupt and incompetent leaders. Sharing partnerships between the head and deputy of the local government became another problem that is quite a concern in implementing local elections in Indonesia. Thus, this paper examines the ideal model of the head of local government elections in Indonesia. This research focuses on the dynamics of the legislation and regulation on the head of local government elections in Indonesia. The research method applied is normative juridical legal research. The data collection technique employed is the study of documents and literature on secondary data in the form of primary, secondary, and tertiary legal materials. As a result, this study concludes that the ideal model for filling the position of the local head in Indonesia is an asymmetrical– compromise.","PeriodicalId":313528,"journal":{"name":"Jurnal Kajian Pembaruan Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115155882","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 Review of Blue Economy in Indonesia","authors":"Muhammad Na'afil Kamal Putra, Muhammad Farhan Asri","doi":"10.19184/jkph.v3i1.37211","DOIUrl":"https://doi.org/10.19184/jkph.v3i1.37211","url":null,"abstract":"\u0000The impact of the Covid-19 pandemic disaster has affected the economy in Indonesia. In the framework of economic recovery and transformation after the Covid-19 pandemic, Blue Economy is referred to as a new approach and a new source of economic growth that is more inclusive and sustainable, considering that Indonesia is an archipelagic country with 62% of its total area being sea. This study examines the concept of the Blue Economy from a legal perspective on the management and utilization of marine resources and the protection of coastal areas in Indonesia. By using normative legal research methods, the approaches are used, a statute approach and a conceptual approach. The research results show that with the issuance of UU No. 11 Tahun 2020, there is a simplification of the licensing process in applying for permits for the management and utilization of coastal areas and revisions made to documents regarding management in coastal areas. Then protection in coastal areas is intended to protect ecosystems in the sea for sustainable development, especially with conservation. Until finally it was discovered that the concept of the Blue Economy is a necessity that will materialize as the 'spirit' of positive law in Indonesia, especially in the management, utilization and protection arrangements in Indonesia's coastal areas. \u0000","PeriodicalId":313528,"journal":{"name":"Jurnal Kajian Pembaruan Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128944937","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":"Regulating Doxing and Personal Data Dissemination in Indonesia","authors":"Halif Halif, Ainul Azizah, Prisma Diyah Ratrini","doi":"10.19184/jkph.v3i1.33938","DOIUrl":"https://doi.org/10.19184/jkph.v3i1.33938","url":null,"abstract":"The development of information technology have an impact on cyber crimes such as identity theft, fraud, and misuse of personal data. One of the crimes, abuse of personal data is doxing. It was an illegal act to spreading action people's personal information or data without permission and creates dangerous situations, humiliation, harassment, or other adverse which can lead to spoilage of the victims. The act of doxing or disseminating personal data has recently increased, especially among journalists. Doxing is a transmission system of personal data conducted by journalists legally. The freedom of journalists who compose and develop news to encourage misuse of personal data. In this case, we are interested in studying the legal basis of doxing and personal data dissemination in Indonesia, with the objectives: first, does the regulation of distributing personal data (doxing) in the Electronic Information and Transaction Law encounter the doxing typology? second How is the reformulation of the criminal law policy on the act of spreading personal data (doxing) in fulfilling the doxing typology? This research adopted normative legal research and used a statutory approach, conceptual approach, and comparative approach. The results showed that the act of doxing in the ITE Law does not regulate it according to the doxing typology. Therefore, there is a need to reform criminal law policies in the ITE. It can also be through the Bill of Personal Data Protection. The government must compose a regulation on disseminating personal data or doxing in the Law concerning Electronic Information and transactions.","PeriodicalId":313528,"journal":{"name":"Jurnal Kajian Pembaruan Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129868203","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}