JILS Journal of Indonesian Legal Studies最新文献_第2页

A Comparison of Appointment of Supreme Court Justices in Indonesia and Malaysia 印尼与马来西亚最高法院法官任命之比较

JILS Journal of Indonesian Legal Studies Pub Date : 2022-12-21 DOI: 10.15294/jils.v7i2.60862

I. Satriawan, F. S. Shuaib, Tanto Lailam, Rofi Aulia Rahman, Devi Seviyana

{"title":"A Comparison of Appointment of Supreme Court Justices in Indonesia and Malaysia","authors":"I. Satriawan, F. S. Shuaib, Tanto Lailam, Rofi Aulia Rahman, Devi Seviyana","doi":"10.15294/jils.v7i2.60862","DOIUrl":"https://doi.org/10.15294/jils.v7i2.60862","url":null,"abstract":"The purpose of the study is to evaluate the model of the appointment of Supreme Court justices in Indonesia and Malaysia and to find out a better model of judicial appointment in producing better quality justices. By using normative and empirical research, it concludes that first, the appointment of Supreme Court justices in Indonesia uses two methods namely career paths and professional paths (non-career paths). This system is built after political reform where one of the agendas is the reform of law enforcement. While the appointment of justices in Malaysia demonstrates the dominance of executive power in the decision to appoint justices who were finally appointed by the Yang Dipertuan Agong. Therefore, there is pressure to make the process of appointing justices more transparent to produce more credible and independent justices. In 2009, the Judicial Appointments Commission was established in Malaysia to ensure an unbiased selection of judicial candidates for the consideration of the Prime Minister. Second, the requirements for selecting Supreme Court justices in Indonesia are more detailed and longer process than in Malaysia because the process of selecting Supreme Court justices is done by the Judicial Commission and there is a confirmation hearings process in the House of Representatives. In fact, the selection process affects the independence, impartiality, and integrity of the Supreme Court justices. Although Malaysia does not have any judicially determining cases on the lack of integrity of Supreme Court Justices, there were allegations of impropriety.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73925536","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

Discourses on Citizen Lawsuit as Administrative Dispute Object: Government Administration Law vs. Administrative Court Law 论作为行政纠纷客体的公民诉讼:政府行政法与行政法院法

JILS Journal of Indonesian Legal Studies Pub Date : 2022-12-21 DOI: 10.15294/jils.v7i2.60166

Kadek Agus Sudiarawan, Alia Yofira Karunian, D. Mangku, Bagus Hermanto

{"title":"Discourses on Citizen Lawsuit as Administrative Dispute Object: Government Administration Law vs. Administrative Court Law","authors":"Kadek Agus Sudiarawan, Alia Yofira Karunian, D. Mangku, Bagus Hermanto","doi":"10.15294/jils.v7i2.60166","DOIUrl":"https://doi.org/10.15294/jils.v7i2.60166","url":null,"abstract":"Citizen lawsuit mechanism has been used several times in Indonesian court procedure, although there is no regulation in this matter. The aims of this study were to determine the characteristic of citizen lawsuit in Indonesia, and the expansion meaning of the state administrative decision after the enactment of government administration law, as well as the potential for citizen lawsuit as dispute object of the state administrative court with comparation with serval countries in order to provide an appropriate legal system of citizen lawsuit as ius constituendum. This article used normative legal research with a conceptual approach, legislative approach, and comparative approach. The results indicated that the characteristic of a citizen lawsuit in Indonesia is generally a citizen access to represent the public interest in condition that the state fails to fulfill the rights of its citizen, and the plaintiff does not need to describe the losses he has suffered directly. The expansion of the meaning of state administrative decision under the Government Administrative Law has resulted in the competence of court and the dispute object has been expanded, thus if the citizen lawsuit is viewed from the administrative dispute perspective, it should be included in the State Administrative Court object. However, due to the limited expansion of Article 87 of the Government Administration Law by the Administrative Court Law, both of which are still valid, the State Administrative Court is not authorized to examine and adjudicate citizen lawsuits. Based on comparative data, there are several weaknesses of the citizen lawsuit system such as the legal standing of the applicant/plaintiff which make several countries have changed the provisions of the regulation.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91101687","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: 4

The Intricate Justice of Poverty: A Case of The Land of Gold in Papua Indonesia 复杂的贫困正义:以印尼巴布亚黄金之地为例

JILS Journal of Indonesian Legal Studies Pub Date : 2022-12-21 DOI: 10.15294/jils.v7i2.58030

Hidayatulloh Hidayatulloh, Éva Erdős, Miklós Szabó

引用次数: 1

The Politics Settlement of Land Tenure Conflicts During Jokowi’s Presidency 佐科威总统任期内土地权属冲突的政治解决

JILS Journal of Indonesian Legal Studies Pub Date : 2022-12-21 DOI: 10.15294/jils.v7i2.57539

I. Handayani, Lego Karjoko, A. Jaelani, J. Barkhuizen

引用次数: 8

Post Amendment of Judicial Review in Indonesia: Has Judicial Power Distributed Fairly? 印尼修订后的司法审查制度:司法权分配公平吗?

JILS Journal of Indonesian Legal Studies Pub Date : 2022-12-21 DOI: 10.15294/jils.v7i2.56335

Muhammad Siddiq Armia, Zahlul Pasha Karim, Huwaida Tengku-Armia, Chairul Fahmi, Muhammad Syauqi Bin-Armia, Armiadi Musa

{"title":"Post Amendment of Judicial Review in Indonesia: Has Judicial Power Distributed Fairly?","authors":"Muhammad Siddiq Armia, Zahlul Pasha Karim, Huwaida Tengku-Armia, Chairul Fahmi, Muhammad Syauqi Bin-Armia, Armiadi Musa","doi":"10.15294/jils.v7i2.56335","DOIUrl":"https://doi.org/10.15294/jils.v7i2.56335","url":null,"abstract":"Distribution of power in Indonesian constitutional system not only occur amongst state organs but also within Indonesian judicial system. The Supreme Court and Constitutional Court share their power to review several regulations. The 1945 Constitution delivers power to review act against constitution for Constitutional Court and to review regulations below an act for the Supreme Court. However, this distribution of power is vulnerable to contradicting each other, with the possibility of having clash of judgment. There is no guarantee that the Supreme Court will fully obey the Constitutional Court judgment. So, the research question needs to be solved such as judicial Review pre-the Amendment of the 1945 Constitution process, and judicial Review Post the Amendment of the Constitution implement, that will be main points of research purposes. Furthermore, the main problem is the distribution power between Constitutional Court and Supreme Court, whether have distributed fairly or not. Another problem after amendment is about disagreement amongst judges. Before amendment, judges were forbidden to show their disagreement clearly in the verdict, but now allowed. This fact has led to public distrust. They have questioned the legitimacy of the verdict having disagreement, whether should be obeyed or be denied.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79410512","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: 2

Reconstruction of E-Court Legal Culture in Civil Law Enforcement 民事执法中电子法院法律文化的重构

JILS Journal of Indonesian Legal Studies Pub Date : 2022-12-21 DOI: 10.15294/jils.v7i2.59993

Dian Latifiani, Yusriyadi Yusriyadi, Agus Sarono, Ahmad Habib Al Fikry, Mohammad Nur Cholis

{"title":"Reconstruction of E-Court Legal Culture in Civil Law Enforcement","authors":"Dian Latifiani, Yusriyadi Yusriyadi, Agus Sarono, Ahmad Habib Al Fikry, Mohammad Nur Cholis","doi":"10.15294/jils.v7i2.59993","DOIUrl":"https://doi.org/10.15294/jils.v7i2.59993","url":null,"abstract":"Legal protection for the community to obtain rights and recovery of the situation is one of them taken by settling civil cases through the courts. During the times and the adjustment of existing conditions, the Supreme Court issued a responsive and progressive law with the enactment of Supreme Court Regulation Number 1 of 2019 so that the public could obtain essential justice based on the principles of fast, simple, and low-cost justice. The aims of this study are: (i) knowing the legal culture in the implementation of e-court as a reflection of the problems of law enforcement; and (ii) reconstruction of legal culture regarding case administration and court proceedings electronically. The author uses empirical juridical research methods. The results of the study show: (i) e-court based court legal culture is not yet optimal. Village communities seeking justice (non-advocates) at the Religious Courts and District Courts of Semarang Regency tend to prefer conventional registration and trial over e-courts; and (ii) the reconstruction of the legal culture community is carried out using e-court socialization education to all advocates, providing educational media to non-advocates, and providing information about administration and trials electronically through notification letters to the district head .Through this, it will create a legal culture that supports the implementation of e-court so that fair law enforcement can be achieved.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81941642","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: 3

The Regulation of Disorgement in the Indonesia Capital Market: Remaining Concerns and Lessons from US 印尼资本市场混乱的监管:美国的教训与担忧

JILS Journal of Indonesian Legal Studies Pub Date : 2022-12-21 DOI: 10.15294/jils.v7i2.58666

Anugrah Muhtarom Pratama, U. Pati, Kukuh Tejomurti, M. Mohamad

{"title":"The Regulation of Disorgement in the Indonesia Capital Market: Remaining Concerns and Lessons from US","authors":"Anugrah Muhtarom Pratama, U. Pati, Kukuh Tejomurti, M. Mohamad","doi":"10.15294/jils.v7i2.58666","DOIUrl":"https://doi.org/10.15294/jils.v7i2.58666","url":null,"abstract":"This study aimed to analyse the authority that recently empowered the Indonesia Financial Services Authority (OJK) based on OJK Regulation Number 65/POJK.04/2020 in conjunction with OJK Circular 17/SEOJK.04/2021. OJK was empowered to pursue disgorgement in the Indonesian capital market as a new tool for protecting investors by analyzing changes in disgorgement enforcement practices in the US. This study used a doctrinal legal method with a comparative approach. The comparative approach was used to examine the possibility of strengthening disgorgement enforcement applicable to current Indonesian law on such practices in the US. Disgorgement in Indonesia is similar to the previous one in the US. The disgorgement authority in the Capital Market Act was not explicit because OJK still interpreted “written orders” such as “grant relief ancillary to an injunction” when disgorgement was first introduced by the SEC. This poses challenges in calculating the number of disgorgements that may be limited or canceled due to a lack of strong legal remedies when the violator does not pay the disgorgement. Considering practical experience in the US from Texas Gulfur Sulfur to Kokesh and Liu, disgorgement in Indonesia needs strengthening to maintain enforcement sustainability and avoid setbacks. Therefore, the strengthening should involve placing the disgorgement authority in the Capital Market Act, providing Standard Guidelines for the Calculation of Disgorgement Amounts and and establishing regulations on Procedures for Civil Lawsuits by OJK. The results are expected to be a reference for regulators and legislators to improve enforcement of the disgorgement regime in Indonesia.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80159881","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 Position of Indegenous People in the Culture and Tourism Developments: Comparing Indonesia and East Timor Tourism Laws and Policies 土著人民在文化和旅游发展中的地位:比较印度尼西亚和东帝汶的旅游法律和政策

JILS Journal of Indonesian Legal Studies Pub Date : 2022-06-11 DOI: 10.15294/jils.v7i1.52407

D. Mangku, N. Yuliartini, R. Ruslan, Seguito Monteiro, Dahlan Surat

{"title":"The Position of Indegenous People in the Culture and Tourism Developments: Comparing Indonesia and East Timor Tourism Laws and Policies","authors":"D. Mangku, N. Yuliartini, R. Ruslan, Seguito Monteiro, Dahlan Surat","doi":"10.15294/jils.v7i1.52407","DOIUrl":"https://doi.org/10.15294/jils.v7i1.52407","url":null,"abstract":"The expansion of development brings many impacts, including in the discourse of indigenous peoples in the midst of tourism development. On the one hand, culture and indigenous peoples are the main pillars in the use of culture-based tourism such as in Bali, Indonesia, but on the other hand, tourism development raises questions about legal protection for indigenous peoples. This study aims to analyze and compare various laws and policies in tourism development in Bali (Indonesia) and Atauro (Timor Leste) and the position of indigenous peoples in the midst of various tourism policies. By comparing several related policies, this research found and confirmed that existing cultural arrangements were limited to the cultural identity of indigenous peoples and as a tourist attraction for Indonesia, but there are no regulations that give a definition of culture as an economic resource. In Timor Leste, Ecotourism management in Beloi Village is still far from the plan. The government as policy makers and facilitators impressed walk alone in terms of management tourist.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85012142","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: 3

Dimensions of Water Resources Regulation in Philosophy of Justice and Human Rights Perspective 正义哲学与人权视野中的水资源规制维度

JILS Journal of Indonesian Legal Studies Pub Date : 2022-06-10 DOI: 10.15294/jils.v7i1.53820

I. Rideng, I. K. Wijaya, Hartini Saripan

{"title":"Dimensions of Water Resources Regulation in Philosophy of Justice and Human Rights Perspective","authors":"I. Rideng, I. K. Wijaya, Hartini Saripan","doi":"10.15294/jils.v7i1.53820","DOIUrl":"https://doi.org/10.15294/jils.v7i1.53820","url":null,"abstract":"Management of water resources is closely related to the availability of access to clean water for the community and has direct implications for social justice and the fulfillment of basic human rights. However, various arrangements in the management of water resources in Indonesia are considered not in favor of the concept of justice and are more directed towards commercialization and capitalization. This research is intended to examine, analyze, and criticize laws and regulations related to water resources. By consdiering several multidisciplinary aspects in the laws and regulations in the field of water resources, including aspects of justice and human rights, this research also analyzes from the philosophical, legal, and sociological aspects. This research found and emphasize that the concept of Pancasila can be a legal political basis for the state's right to control water resources to be directed so that the management of water resources does not oppress those who are socially and economically weak, or the poor. The availability of water is constant, while the demand for water is increasing in quantity and quality, then what will happen is scarcity. At this stage of water scarcity, the principle of justice becomes very important in water management. Access to water justice is not individual or micro justice, but social or macro justice. Justice to get water as a human right cannot be left to everyone based on a market mechanism, but government intervention to ensure the fulfillment of the right to water, at least is very much needed.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-06-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80266791","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: 3

Corrective Justice and Its Significance on the Private Law 纠正正义及其对私法的意义

JILS Journal of Indonesian Legal Studies Pub Date : 2022-06-09 DOI: 10.15294/jils.v7i1.46691

M. Y. Hage, Panggih Kusuma Ningrum

引用次数: 4