Varia Justicia最新文献

{"title":"The E-Aspiration System as an Implementation of Public Participation from the Good Governance Perspective","authors":"Muhammad Anfasha Wirakusuma","doi":"10.31603/variajusticia.v18i3.8822","DOIUrl":"https://doi.org/10.31603/variajusticia.v18i3.8822","url":null,"abstract":"This research aimed to examine democracy development using e-participation through the e-aspiration system applied in public services to realize the smart city in Magelang City. Magelang City Government has released a special mobile application called Magelang Cerdas. The ease of public services provided by the Magelang Cerdas application has created various features that promote e-participation. This refers to online public participation by utilizing information and communication technology and the smart city concept. The smart city is related to information and communication technology used in the social field. It could be realized by opening public participation in ensuring the democratic rights of every citizen through the e-aspiration. The goal was to capture people’s aspirations to increase their participation in influencing Magelang City development. This modern day the government should provide financial support for the technological developments. Therefore, public services should be provided through conventional and digital-based delivery, such as e-government, which reflects the principles of good governance. Digital-based services could fulfil people’s rights and obligations as citizens. As a result, the people would directly realize digital government according in the modern era. The ease of access in participation would also help the government follow the direction and needs of the people. In implementing the smart city concept, Therefore, this research examined the factors supporting and strengthening public participation in the smart city concept on the Good Gonvernance perspective.","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41942707","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":"Amendment to Term of Office of Constitutional Court Judges in Indonesia: Reasons, Implications, and Improvement","authors":"Idul Rishan, Sri Hastuti Puspitasari, Siti Ruhama Mardhatillah","doi":"10.31603/variajusticia.v18i2.7236","DOIUrl":"https://doi.org/10.31603/variajusticia.v18i2.7236","url":null,"abstract":"After the amendment to the Constitutional Court Law, constitutional court judges would be dismissed honorably when they attain the age of 70 (seventy) years old. Problem arises, where the transitional provisions of the third amendment to the Constitutional Court Law are not applicable prospectively but retroactively. Hence, the implementation of the amendment to the term of office of constitutional court judges also brings an impact on the incumbent constitutional judges in the Constitutional Court. This study had three objectives. First, to identify the underlying reasons (ratio-legis) for the amendment to the term of office of constitutional court judges to the maximum age limit of 70 years. Second, to analyze the implications of arranging a maximum age limit of 70 years for the position of constitutional court judges. Third, to recommend alternative arrangements for the term of office of constitutional court judges in Indonesia. This was a legal doctrinal research with a qualitative analysis. The results showed that (1) the reasons for the amendment to the term of office of constitutional court judges are due to the open legal policy, globalization and efforts to build the pro-majoritarian power in the Constitutional Court. (2) This amendment brings implications, i.e., the distortion of judicial independence, conflicts of interest and a declined public trust. (3) Improvements can be made by revising the transitional provisions and trying other alternatives by arranging the term of office of the judges through the constitution.","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48644197","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":"Domestic Violence in the Criminology and Victimology Perspectives: Case Study in Kupang, East Nusa Tenggara","authors":"S. Nurani, Dyah Adriantini Sintha Dewi, Joel Rey Acob Ugsang, N. Nurdin, H. Nugroho","doi":"10.31603/variajusticia.v18i2.6856","DOIUrl":"https://doi.org/10.31603/variajusticia.v18i2.6856","url":null,"abstract":"The state controls the interaction of family members within the scope of the household through Law Number 23 of 2004 on the Elimination of Domestic Violence. Domestic violence cases often happen in Kupang City, East Nusa Tenggara, Indonesia. This paper analyzes domestic violence in the criminology and victimology perspectives. This study uses the qualitative method with an empirical juridical approach. Based on the results of the discussion, in the criminological perspective, domestic violence is a crime in the form of an expression of physical or verbal strength that reflects aggressive actions and attacks one’s freedom or dignity. In the perspective of victimology, the role of the victim is the basis for the emergence of violence, which impacts the physical, psychological, and social aspects. In Kupang, domestic violence cases are usually triggered by victims, i.e. provocative victims. Thus, both victims and perpetrators are responsible. While in other cases, the position of the victim as the basis for the emergence of domestic violence does not exist at all.","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46378799","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":"Concept of Restorative Justice in Criminal Acts of Sexual Violence with Child Perpetrator and Victims","authors":"Nani Susilowati, N. Aprilianda, Faizin Sulistio","doi":"10.31603/variajusticia.v18i2.7847","DOIUrl":"https://doi.org/10.31603/variajusticia.v18i2.7847","url":null,"abstract":"This article aims to clarify the idea of restorative justice in situations of sexual violence where children are both the perpetrator and the victim. This study uses normative legal research with a statute and conceptual approaches. The results show that law enforcement against children as perpetrators of crimes of sexual violence with child victims must still pay attention to the principle of proportionality. This principle seeks to limit punitive consequences and restrain public responses so that they stay proportionate to juvenile perpetrators of sexual violence. In addition to focusing on activities, this idea also considers the child's environment. In the meantime, law enforcement that cannot be conducted through diversion must nevertheless regard the rights of the child, so that when children are criminalized, only half of the adult punishment is imposed, so that they can return to society appropriately and be equipped with skills.","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42036849","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":"Why is PayLater Scheme via E-commerce Prohibited in Islam? Islamic Law Overview","authors":"Nur Rizqi Febriandika, Ahmad Syaifuddin, Aminudin Ma’ruf","doi":"10.31603/variajusticia.v18i2.6759","DOIUrl":"https://doi.org/10.31603/variajusticia.v18i2.6759","url":null,"abstract":"The internet has now been used as a medium for Online shopping; one of the media for Online shopping is e-commerce. Currently, a delayed payment system (debt) called PayLater has been implemented in e-commerce. The purpose of this study is to find out how the usage of PayLater in e-commerce is based on the perspective of Islamic law. This type of research is qualitative. Data collection methods used are library research, observation, and interviews. This study uses descriptive data analysis techniques, namely analyzing a phenomenon or social reality, by describing variables that are concerned with the problem and unit being studied and analyzed descriptively qualitatively using an inductive thinking approach, namely a way of thinking that departs from facts, events that occur. Then from the specific and concrete facts, generalizations that have a general nature are drawn. The results of the study prove that the law of buying and selling online according to Islamic law is valid as long as it does not contain haram elements and the goods being traded are halal. However, the practice of PayLater loans is not in accordance with Islamic law because there is an element of usury contained in it.","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46121199","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":"Corporate Social Responsibility Supervisors in Indonesia: Analysis of Local Government Regulation in 10 Province in Indonesia","authors":"Diana Setiawati, Zulfiani Ayu Astutik, S. Soepatini, Haszmi Alfateh, Enno Haya Gladya Naranta","doi":"10.31603/variajusticia.v18i2.7022","DOIUrl":"https://doi.org/10.31603/variajusticia.v18i2.7022","url":null,"abstract":"Corporate Social Responsibility (CSR) is a business practice that is governed by the law in Indonesia. Every company in Indonesia is required to implement CSR under the Investment Law No. 25 of 2007 and the Limited Liability Company Act No. 40 of 2007. However, some local governments have created district laws that guide CSR applications because CSR rules are not officially established. In the legal concept, each regulation must appoint an institution in charge of managing and supervising the implementation of the regulation. Meanwhile, in Indonesia, every local government regulation has its own description of CSR supervisors body. Some provinces decide on the local government as a CSR supervisor, and some provinces choose district assembly as CSR supervisors. Institutional matters are stated in Law No. 11 of 2009 concerning Social Welfare, that the government and local governments coordinate the implementation of CSR. However, due to the different interpretations of each local government regulation, the legal basis for CSR supervision is unclear. So, this paper aims to know several institutions that have functions as CSR supervisors based on an analysis of regional regulations in 10 provinces in Indonesia. This research will use normative research methods, namely legal research conducted by analysing and researching library materials or secondary data. The final result of this research is policy suggestions to add an article about supervisory bodies on some regulation that regulates CSR. This research will provide insight for stakeholders that CSR supervision is very important to harmonise stakeholders and create a healthy business climate and social welfare.","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42061152","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 Covid 19 Pandemic as a Strain in Increasing Domestic Violence (An Overview of Restorative Justice in Sustainable Crime)","authors":"Ni Nyoman, Juwita Arsawati, I. Made, Wirya Darma, Ni Gusti Agung, Mas Triwulandari, Dewi Bunga","doi":"10.31603/variajusticia.v18i1.6861","DOIUrl":"https://doi.org/10.31603/variajusticia.v18i1.6861","url":null,"abstract":"The COVID-19 pandemic has become a global pandemic that has changed the order of human life in almost all parts of the world. Indonesia is also one of the countries affected by the Covid-19 pandemic. The Indonesian government has established public policies to prevent the spread of the COVID-19 virus, one of which is the policy on limiting community activities by diverting work to be done from home (Work from Home). The pandemic condition has an impact on increasing cases of domestic violence. Various factors can cause domestic violence during the pandemic, the main one is the economic factor. This study aims discusses the Covid-19 pandemic as a \"strain\" that triggers domestic violence, the state's response to domestic violence, and restorative justice in resolving domestic violence. This research is a normative juridical research that examines the problems of various legal theories. The study was conducted on the prospect of restorative justice in resolving cases of domestic violence as sustainable violence. The analysis was carried out qualitatively. Domestic violence that occurred during the pandemic was caused by \"strain\" including a decrease to loss of income, boredom from having to be at home, sick conditions and so on. The increasing number of domestic violence cases during the pandemic requires handling using the principle of restorative justice with a penal mediation mode. This problem solving model is carried out by bringing together perpetrators and victims and finding a middle way to solve the problems they face. This out-of-court settlement is believed to be more effective considering that the perpetrator and the victim have an inner relationship based on love that prioritizes the integrity of the household. Restorative justice with penal mediation does not yet have regulators and categories in criminal law, including Law Number 23 of 2004 concerning the Elimination of Domestic Violence, within the limits or levels of violence whose resolution can be carried out using the concept of restorative justice.","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47256515","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 Future of E-voting Implementation in Indonesian General Election Process: Constitutionality, Benefits and Challenges","authors":"Fahri Bachmid, H. Djanggih","doi":"10.31603/variajusticia.v18i1.6359","DOIUrl":"https://doi.org/10.31603/variajusticia.v18i1.6359","url":null,"abstract":"The emergence of the COVID-19 pandemic has hampered the conduct of general elections in a number of countries. In the previous simultaneous regional elections in 2020, there was an increase in positive cases of COVID-19, which resulted in fatalities. This study seeks to examine the possibility of electronic voting (E-Voting) as an alternative policy to ensure safe elections during a pandemic, by examining the aspects of constitutionality, advantages, and challenges of its implementation.. This research employs a normative research methodology with a conceptual, constitutional, and comparative approach. The result shows that, from a constitutional standpoint, the protocol for implementing E-Voting is consistent with the principles of direct, general, free, confidential, honest, and fair elections mandated in the Republic of Indonesia's 1945 Constitution, and thus can be used as an alternative election policy in the future. E-voting also offer potential benefits for the democratic, efficient, and secure electoral system that can be used in the current pandemic situation. However, there are a number of obstacles to its implementation in Indonesia due to systemic flaws in e-voting, such as its security and validity, as well as the condition of voters and insufficient infrastructure in the Indonesian context.","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48207336","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":"Inventor’s Legal Liability upon the Invention of Artificial Intelligence in Indonesia","authors":"Deslaely Putranti, K. Anggraeny","doi":"10.31603/variajusticia.v18i1.6407","DOIUrl":"https://doi.org/10.31603/variajusticia.v18i1.6407","url":null,"abstract":"The pace of technological development can no longer be restrained until the emergence of artificial intelligence (AI), which later turns out to negatively impact its application. AI is a computer system program created by humans. On the one hand, the invention of AI makes human work easier. On the other hand, it is also noticeable that there are several criminal cases \"performed\" by AI. This research is qualitative research with doctrinal approach. The data used include secondary data consisting of primary, secondary, and tertiary legal materials. The method of data collection is done through document study. The research concludes that the inventor of an invention of artificial intelligence can be charged with legal responsibility by applying the limits of liability both in civil and penal sanction. Further studies are needed to answer the question of how far this responsibility can be carried out.","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49262243","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 Legal Lacunae of UNCLOS and CBD to The Access and Benefit Sharing of Marine Genetic Resources in The Area Beyond National Jurisdiction","authors":"S. Wartini","doi":"10.31603/variajusticia.v18i1.6989","DOIUrl":"https://doi.org/10.31603/variajusticia.v18i1.6989","url":null,"abstract":"This article aims to comprehensively analyze the legal lacunae of UNCLOS and CBD in regulating the utilization and benefit sharing of marine genetic resources (MGRS)  in the area beyond national jurisdiction (ABNJ). T he study argues that the existence of international legal instruments, such as the UNCLOS and the CBD fail to regulate the legal status of MGRS in the ABNJ as well as to regulate access and benefit sharing. The debate arises in the legal status of MGRS in the ABNJ will be applied the regime of common heritage of mankind or freedom of the sea, because  both regimes have different legal implication. This study is a normative juridical research by applying conceptual and statutory approaches. The result of the study found that it is essential to addressed the legal lacunae in order to maintain equitable benefit sharing in the utilization of MGRS in the ABNJ. Therefore, in order to overcome the legal lacunae of UNCLOS and CBD, it is urgent to create new internationally binding Agreement..","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46576004","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}