Yuridika最新文献_第8页

Is the Measure to Phase Out Crude Palm Oil in RED II discriminatory based on the World Trade Organization Law? RED II中逐步淘汰棕榈油的措施是否基于世界贸易组织法具有歧视性？

Yuridika Pub Date : 2022-03-01 DOI: 10.20473/ydk.v37i1.34596

Laras Thryza Amandari, Y. Dewi

{"title":"Is the Measure to Phase Out Crude Palm Oil in RED II discriminatory based on the World Trade Organization Law?","authors":"Laras Thryza Amandari, Y. Dewi","doi":"10.20473/ydk.v37i1.34596","DOIUrl":"https://doi.org/10.20473/ydk.v37i1.34596","url":null,"abstract":"The European Union enacted the Renewable Energy Directive 2018/2001 (RED II) policy under the pursuit of environmental protection. The authors will analyze how RED II is discriminative toward Indonesian trade of CPO, primarily within the concept of indirect land use change (ILUC), which restricts trade toward crude palm oil (CPO) whereas other domestic like products are exempted from such reduction. After the promulgation of this policy, Indonesia requested WTO to examine whether RED II follows the international obligations set forward in WTO. The author will analyze non-discrimination under WTO Law, specifically based on the provisions of Article 2.1, 2.2, and 5.1 Technical Barriers to Trade (TBT) Agreement as well as Article III:4, XX(b), and XX(g) of General Agreement on Tariffs and Trade (GATT) 1994, alongside with relevant jurisprudence of WTO case laws. This research is conducted through juridical-normative method, which utilizes library materials and secondary data. The outcome of this study shows that RED II does violate obligations of non-discrimination based on GATT and TBT due to differential treatment of like products that inflicts less favorable treatment and unequal opportunities of competition for CPO.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41433506","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 Meaning of the Integrity Zone in the Prosecutor's Office: A Study of Legal Hermeneutics 检察机关廉政区的意义——法律解释学研究

Yuridika Pub Date : 2022-03-01 DOI: 10.20473/ydk.v37i1.33031

Setia Untung Arimuladi, Y. Utama, Teddy Asmara

{"title":"The Meaning of the Integrity Zone in the Prosecutor's Office: A Study of Legal Hermeneutics","authors":"Setia Untung Arimuladi, Y. Utama, Teddy Asmara","doi":"10.20473/ydk.v37i1.33031","DOIUrl":"https://doi.org/10.20473/ydk.v37i1.33031","url":null,"abstract":"Integrity Zone is proposed to improve the quality of public services, and as an effort to realize clean and good government, even it is still hard to fully realize in specific law enforcement agencies, such as the Prosecutor's Office of the Republic of Indonesia. For that purpose, the implementation of the related law should be accompanied by an understanding that humans are the prominent entities in realizing the norms contained in the integrity zone. The potential for abuse of duties and authority by individual prosecutors that can at least be categorized as illegal acts should be appropriately addressed. A qualitative approach with the hermeneutic method was employed in this study to explore and examine the legal meanings behind the phenomena in the integrity zone through correct interpretation. It is concluded that there is a limitation in regulating the integrity zone within the attorney's office and not referring to the correct interpretation of the correlated law. The legal hermeneutic perspective in building an integrity zone at the Prosecutor's Office must be built based on a culture of zero tolerance for any illegal act, which refers to planting and strengthening the roots of human conscience within the Prosecutor's Office.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49075926","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: 1

Partnership Consultation: An Alternative Solution to the Nonexistent Collective Bargaining Right in the Indonesian Ride Hailing Gig Economy Sector 伙伴协商：解决印尼拼车行业不存在集体谈判权的替代方案

Yuridika Pub Date : 2022-03-01 DOI: 10.20473/ydk.v37i1.34599

Auditya Firza Saputra

{"title":"Partnership Consultation: An Alternative Solution to the Nonexistent Collective Bargaining Right in the Indonesian Ride Hailing Gig Economy Sector","authors":"Auditya Firza Saputra","doi":"10.20473/ydk.v37i1.34599","DOIUrl":"https://doi.org/10.20473/ydk.v37i1.34599","url":null,"abstract":"The absence of gig workers’ right to collective bargaining affects the human rights condition of the app drivers. Previous studies roughly fall into two categories: either employing the drivers as a solution or opting for law-making intervention. This paper fills the gap using a new concept based on the United Nations Guiding Principle of Business and Human Rights by exploring the businesses’ social responsibility realm. This qualitative socio-legal research finds that: (1) the clauses of the standardized partnership agreements contain unequal risks allocations, putting the independent contractors in a lose-lose situation; (2) the inability to determine the substantial domain of the contract marginalizes the partners from exercising the related social and economic rights; and (3) the pre-existed structural problems take part as a coercive forces to the partners’ free will to consent, resulting in a doubtful partnership contract validity. As a solution, the insertion of meaningful partnership consultation, a concept adopted from collective bargaining concept in labor relations, enables better mutual consent arrangement and serves as a preemptive remedy to the human rights impact.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47228229","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: 1

Access to Judicial Remedies for Palm Oil Workers Under Poor Working Conditions in Indonesia 印度尼西亚恶劣工作条件下棕榈油工人获得司法补救的途径

Yuridika Pub Date : 2022-03-01 DOI: 10.20473/ydk.v37i1.34604

Ratih Ananda Putri Goestoro

{"title":"Access to Judicial Remedies for Palm Oil Workers Under Poor Working Conditions in Indonesia","authors":"Ratih Ananda Putri Goestoro","doi":"10.20473/ydk.v37i1.34604","DOIUrl":"https://doi.org/10.20473/ydk.v37i1.34604","url":null,"abstract":"Most palm oil workers in Indonesia are employed as temporary daily workers. Their situations are prone to human rights violations ranging from the right to fair working conditions to the freedom of association. Under international law, palm oil workers should have the right to remedies for these human rights violations. The third pillar of the United Nations Guiding Principles on Business and Human Rights (UNGPs) provides that remedies for victims of business-related human rights violations can be accessed through judicial or non-judicial means. Under Indonesian Law, palm oil workers working under poor conditions can access their remedy through judicial mechanisms, such as the Industrial Relations Court, Civil Court or Criminal Court. However, current Indonesian Law does not provide adequate access to remedies for palm oil workers in Indonesia because the law does not provide the obligation to provide remedies under the UNGPs. Therefore, these palm oil workers do not have adequate access to a judicial remedy. Palm oil workers in remote areas face legal, procedural, and practical barriers in obtaining remedies. This article aims to find the judicial avenues these workers could use to access remedies and overcome their challenges.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43355984","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

Optimising the Role of the Financial Services Authority for a More Sustainable Business Ecosystem in Indonesia 优化金融服务管理局的作用，在印度尼西亚建立更可持续的商业生态系统

Yuridika Pub Date : 2022-03-01 DOI: 10.20473/ydk.v37i1.34598

Ulya Yasmine Prisandani

{"title":"Optimising the Role of the Financial Services Authority for a More Sustainable Business Ecosystem in Indonesia","authors":"Ulya Yasmine Prisandani","doi":"10.20473/ydk.v37i1.34598","DOIUrl":"https://doi.org/10.20473/ydk.v37i1.34598","url":null,"abstract":"This paper elaborates the role of the Indonesian Financial Services Authority in providing a legal framework, for public and financial services companies in particular, for achieving sustainability. It also provides a comparative analysis of sustainability regulations and functions undertaken by financial services authorities in other jurisdictions. This research takes a normative approach, combining an assessment of Indonesian laws and regulations related to business sustainability and a comparative approach; the latter provides insight into the comparable legal framework in the European Union and the United Kingdom. The Indonesian Financial Services Authority issued regulations on sustainable financing in 2017, and its sustainability roadmap was updated in 2021. Comparable provisions are found in the United Kingdom’s Financial Conduct Authority’s guiding principles on design, delivery, and disclosure of environmental, social and governance and sustainable investment funds, which acts as a supplement to the EU’s Sustainable Finance Disclosure Regulation. This paper hopes to contribute to the literature on business and human rights by providing an overview of the current role of the Indonesian Financial Services Authority in ensuring the sustainability of businesses under its auspices in comparison with similar agencies in the United Kingdom and European Union. Research on business and sustainability in Indonesia from a legal perspective is still rare, despite the rising urgency of the matter in developing business and human rights as well as climate change mitigation strategies.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47631119","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

Crime News Broadcasting in the Framework of Protection of the Rights of Suspects/Defendants 犯罪嫌疑人/被告人权利保护框架下的犯罪新闻广播

Yuridika Pub Date : 2022-03-01 DOI: 10.20473/ydk.v37i1.34704

Ig Punia Atmaja Nr

{"title":"Crime News Broadcasting in the Framework of Protection of the Rights of Suspects/Defendants","authors":"Ig Punia Atmaja Nr","doi":"10.20473/ydk.v37i1.34704","DOIUrl":"https://doi.org/10.20473/ydk.v37i1.34704","url":null,"abstract":"Crime news broadcasts on television are a part of press freedom to disseminate information to the public through printed or electronic media. Information delivery through electronic media such as television, particularly crime news, presents overviews of criminal events as if the audiences witness it straight from the crime scene. It shows the fact that. one on hand, crime news is broadcast widely on private television stations, while on the other hand there are rules for broadcasting crime news as regulated in Law Number 40 of 1999 on Press and Law Number 32 of 2002 on Broadcasting. Laws on press and broadcasting also regulate the establishment of Press Council that determines ‘journalist code of ethics’ and the Indonesian Broadcasting Commission (KPI) which sets the ‘broadcast program standards and broadcasting behavior guidelines’. These institutions supervise news or broadcasting as well as individuals or broadcasters that violate broadcasting rules or code of ethics. Crime news broadcasting that displays the face and identity of suspects or defendants is a violation to the principle of ‘Presumption of innocence’, that an individual should be assumed or considered innocent until the court proves that he/she is guilty. Crime news broadcasts impose effects on the suspects or defendants in receiving ‘due process of law’, and on the public prosecutor and judge investigating the case. Therefore, crime news broadcasting should be sought to not violate the code of ethics or rules as well as the rights of suspects or defendants.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47062583","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

Imposition of Criminal Sanction Against Sexual Offenders from the Perspective of Child Protection Laws 从儿童保护法看性犯罪者的刑事制裁

Yuridika Pub Date : 2022-03-01 DOI: 10.20473/ydk.v37i1.33513

D. Mayasari

{"title":"Imposition of Criminal Sanction Against Sexual Offenders from the Perspective of Child Protection Laws","authors":"D. Mayasari","doi":"10.20473/ydk.v37i1.33513","DOIUrl":"https://doi.org/10.20473/ydk.v37i1.33513","url":null,"abstract":"While the Indonesian government has passed the Law on Child Protection to ensure the fulfillment of children's rights, there remain a substantial number of children who are victims of sexual violence. In fact, the cases reached 14,517 in 2021. For that reason, this paper aims to discuss the imposition of criminal sanction against sexual abusers and law protection for child victims of sexual abuse. This paper is a normative legal research that puts emphasis on the legal approach, especially the Child Protection Law. Regulations on procedures for imposition of sanction against sexual offenders are already included in the Child Protection Law, despite the fact that sanctions are not explicitly defined since there are minimum and maximum criminal sanctions. Therefore, it is perceived that judges can impose minimal criminal sanctions, including chemical castration, which is one of the additional sanctions as regulated in Law Number 17 of 2016. For those categorized as child victims, psychological advocacy is important to recover their mental condition and to move on from past trauma. This has been regulated as special protection that takes the forms of reproductive health education, inculcation of religious values and decency; social rehabilitation; psychosocial advocacy toward healing; and protection and advocacy at every stage of trial, from investigation, prosecution, up to examination in court. Imposition of criminal sanctions against the offender and advocacy for child victims of sexual abuse must be optimally implemented to ensure their optimal growth and development to become this country’s future generation that succeed in making their dream come true.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48480799","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 Problematics Implementation of Law and Regulations Testing in Indonesia 印尼法律法规测试的实施问题

Yuridika Pub Date : 2022-03-01 DOI: 10.20473/ydk.v37i1.28627

S. Suparto

{"title":"The Problematics Implementation of Law and Regulations Testing in Indonesia","authors":"S. Suparto","doi":"10.20473/ydk.v37i1.28627","DOIUrl":"https://doi.org/10.20473/ydk.v37i1.28627","url":null,"abstract":"One of the results of the constitutional change, particularly during the 3rd amendment in 2001 is related to the arrangement of judicial powers exercised by two state institutions; the Supreme Court (MA) and the Constitutional Court (MK). Both as executors of judicial power are given different duties regarding the object of testing a statutory regulation. The Supreme Court is based on Article 24A Paragraph (1) of The Constitution of 1945 relating to the authority to test the legality of statutory regulations under the law against laws, while the Constitutional Court is given the authority to examine constitutionality of laws against the Constitution of 1945 based on Article 24C Paragraph (1) of the Constitution of 1945. Based on the research, it was found that the two state institutions, namely MA and MK, are both given authority in examining the legislation causing problems such as the following : (1). Potentially raises the insynchronity between the Supreme Court's ruling and the Constitutional Court's ruling. (2). The Supreme Court's decision is considered by the Constitutional Court in making the decision. (3). There is a temporary suspension of testing in the Supreme Court (MA). This can affect the institutional relationship between judicial institutions, the image and the authority of the court's rulings, can also cause legal uncertainty so that it will harm the interests of the justice-seeking community.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46385066","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

Reregulating Indonesian Stock Buyback: A Lesson From United States 印尼股票回购再监管：美国的经验教训

Yuridika Pub Date : 2021-09-01 DOI: 10.20473/ydk.v36i3.26826

Didik Farkhan Alisyahdi, Diffaryza Zaki Rahman

引用次数: 0

The Indonesian Government's Inconsistency in Handling The Covid-19 Pandemic 印尼政府应对新冠肺炎疫情的前后不一

Yuridika Pub Date : 2021-09-01 DOI: 10.20473/ydk.v36i3.27515

Syamsuddin Radjab, Muhammad Ikram Nur Fuady

{"title":"The Indonesian Government's Inconsistency in Handling The Covid-19 Pandemic","authors":"Syamsuddin Radjab, Muhammad Ikram Nur Fuady","doi":"10.20473/ydk.v36i3.27515","DOIUrl":"https://doi.org/10.20473/ydk.v36i3.27515","url":null,"abstract":"A clear legal umbrella is a basis for the effectiveness of a policy, including in dealing with the Covid-19 pandemic. However, the inconsistency of the legal umbrella in giving birth legal uncertain, and the public becomes confused. This research aims to critique the Indonesian government's attitude in dealing with the Covid-19 pandemic, which began in early 2020 due to the legal umbrella's inconsistency in enforcing different and ineffective legal sanctions at the central government and local governments. The research method used is normative research with a statutory approach. In contrast, the research explained in a descriptive-qualitative way. This research shows that the government considers the Covid-19 pandemic a non-natural disaster and does not lockdown. Meanwhile, the legal umbrella used is the health quarantine law, which requires implementing public health emergencies, almost the same as lockdowns. On the other hand, the Large-Scale Social Restriction (PSBB) policy has a legal basis for a health quarantine law. At the same time, the Covid-19 pandemic situation is a non-natural disaster that should refer to the disaster management law. Furthermore, other results also show ineffective enforcement of legal sanctions, such as criminal sanctions in regional head decisions that can not enforce because PSBB only includes administrative sanctions. In conclusion, the inconsistency of the legal umbrella in dealing with the Covid-19 pandemic is very detrimental to the community due to limited human rights, which can lead to legal uncertainty and public distrust of the government.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48047008","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: 9