JILS Journal of Indonesian Legal Studies最新文献

{"title":"How the Justice Power Post Constitution Amendment? A Review Book \"Politik Hukum Kekuasaan Kehakiman Pasca Amandemen Undang-Undang Dasar 1945\", Ma'shum Ahmad, Total Media Yogyakarta, 2017, 193 pages, ISBN: 979-1519-25-0","authors":"Andrew Mario Ernesto Ataupah","doi":"10.15294/jils.v6i1.34797","DOIUrl":"https://doi.org/10.15294/jils.v6i1.34797","url":null,"abstract":"This book examines and describes the relationship between the rule of law, legal politics, and the legal political configuration of judicial power, the functions and authorities of the Supreme Court, the functions and authorities of the Constitutional Court, the functions and authorities of the Judicial Commission. old, new and reform orders.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75588954","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 and Business: Human Rights Violations in the Outsourcing Industry in Modern Business Indonesia","authors":"Saru Arifin","doi":"10.15294/jils.v6i1.45841","DOIUrl":"https://doi.org/10.15294/jils.v6i1.45841","url":null,"abstract":"This article analyzes outsourcing job practice in contemporary business activities in Indonesia, focusing on types and factors that contribute to human rights abuse in the outsourcing business, based on academic literature and regulations on business and human rights. In today's Indonesian labor market, outsourcing jobs are a kind of phantom. Laborers risked not receiving adequate wages, work insurance, or equal bargaining power with the outsourcing company under this job recruitment system. Laborers' associations protested almost every May Day moment, demanding that the outsourcing job system be abolished. They also demanded to be hired directly by the company rather than by the outsourcing firm. Unfortunately, the government responded to the demand by enacting the Workforce Act No. 13 of 2013. This law endorsed outsourcing with specific requirements that provide clear guidance for both employers and employees. However, in practice, companies frequently break outsourcing roles by hiring workers to staff their core business activities. On the other hand, outsourcing corporations also violate the Act's basic rights for outsourcing laborers. As a result, it implies human rights violations. Laborers were frequently threatened with losing their right to a healthy working environment, being fired from their contract without consultation, and having their fundamental rights violated. Human rights violations in outsourcing job activities are primarily caused by a lack of government oversight and law enforcement.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86015978","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":"Striking A Balance Between Legal Certainty, Justice And Utility To End The Clash Between Bankruptcy And Criminal Proceedings In Court Decision No. 11/Pdt.Sus-Gugatan Lain-lain/2018/PN.Jkt.Pst and No. 3 K/Pdt.Sus-Pailit/2019","authors":"F. M. Nelson, Esther Melinia Sondang","doi":"10.15294/jils.v6i1.45979","DOIUrl":"https://doi.org/10.15294/jils.v6i1.45979","url":null,"abstract":"The clash between bankruptcy and criminal proceedings is one of the obstacles which has been long faced by law enforcement officials. One of many examples of the intersection of the two proceedings is the case between the Bankruptcy Trustees of KSP Pandawa Mandiri Group dan Nuryanto with Depok District Attorneys. The case caused issues with the confiscated assets that were the objects in the bankruptcy and criminal court decisions. It stemmed from the conflict between provisions in Indonesian Bankruptcy Act and Criminal Procedure Code. This Note was conducted to analyze the judges' judicial decision-making concerning the three aspects of legal certainty, justice and utility as one way to resolve the conflict of norms. Generally, the Commercial Court and Supreme Court decisions have complied with the regulations of the prevailing laws and legal principles. However, the judgments are still not comprehensive and not quite right in the decisions. The Panel of Judges should not only stick on the legal certainty aspect but also the justice and utility aspects. Concerning the three aspects, the bankruptcy assets in the case should be handed over to the Bankruptcy Trustees.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78201166","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":"Money Laundering: How It Works and Legal Instruments, A Review Book \"Hukum Money Laundering dalam Dimensi Kepatuhan\", Dr. Go Lisanawati, S.H., M.Hum & Njoto Benarkah, S.T., M.Sc., Setara Press Malang, 2018, x+84 pages, ISBN: 978-602-6344-54-0","authors":"A. Aditya","doi":"10.15294/jils.v6i1.34804","DOIUrl":"https://doi.org/10.15294/jils.v6i1.34804","url":null,"abstract":"This book contains practical knowledge about anti-money laundering in Indonesia and the global context. This book, in addition to presenting various theories regarding the crime of money laundering, also presents various cases and their analysis to provide a comprehensive understanding.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83143420","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":"Legal Protection of Indigenous People's Rights Through Strengthening the Licensing Principles Based on Social Sensitivity","authors":"Z. Aditya, Sholahuddin Al-Fatih","doi":"10.15294/jils.v6i1.44671","DOIUrl":"https://doi.org/10.15294/jils.v6i1.44671","url":null,"abstract":"The issue of human rights in Indonesia towards the 21st century has shifted from violations committed by the government during the new order to the issue of human rights violations by multinational companies (corporate crime), because of natural resources exploitation is directly proportional to the increase in human rights violations. Many cases of human rights violations by business actors that occur in the form of annexation and seizure of indigenous peoples land that occurs every year. One of the causes of the many cases of human rights violations against indigenous peoples is due to the loosening of permits given by the government to companies wishing to exploit natural resources. Strengthening the Permits principle can be used as a strategic step in reducing the number of violations of poverty that occur to indigenous peoples. Permits used as a means of controlling human behavior which results in rights and obligations born of licenses. \u0000 ","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89869320","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":"National Heritages and the Law, A Book Review “Perlindungan Negara atas Warisan Budaya Bangsa”, Dr. Diah Imaningrum Susanti, S.H., M.Hum, M.Pd, Setara Press Malang, 2018, 192 Pages, ISBN: 978-602-6344-53-3","authors":"Hanif Helmi","doi":"10.15294/jils.v6i1.34792","DOIUrl":"https://doi.org/10.15294/jils.v6i1.34792","url":null,"abstract":"The obligation to appoint a competent authority based on national provisions to provide protection for published works whose authors are not known to represent the interests of the creators and protect the rights of the creators is one of the problems in the context of protecting cultural heritage in the copyright dimension in Indonesia. The book \"Perlindungan Negara atas Warisan Budaya Bangsa\" contains theoretical and juridical foundations in how the state provides adequate legal instruments in the protection of the nation's cultural heritage in Indonesia.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89201453","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":"Looking for Justice for the People: A Book Review Keadilan Restoratif, Yoachim Agus Tridiatmo, 2016, 83 Pages, Cahaya Atma Pusaka ISBN 9786027821491","authors":"Nova Erlangga","doi":"10.15294/jils.v6i1.34815","DOIUrl":"https://doi.org/10.15294/jils.v6i1.34815","url":null,"abstract":"In the first chapter of this book the author presents a summary of several cases that intersect with justice that have occurred in Indonesia. One summary of a case of justice that has occurred and has received a lot of attention is the case of the father of the senses who traveled 900 kilometers which took 22 days to go to the Indonesian capital, Jakarta to meet with President Susilo Bambang Yudhoyono. He decided to meet with President Susilo Bambang Yudhoyono because he wanted to present the case of injustice, he had received for 15 years.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89445458","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 Progressive Mind on Corruption Eradication in Indonesia, A Book Review “Pemberantasan Tindak Pidana Korupsi Perspektif Hukum Progresif”, Yudi Kristiana, Yogyakarta, 2016, 167 pages, ISBN 978-602-1351-55-0","authors":"W. Astuti","doi":"10.15294/jils.v6i1.34794","DOIUrl":"https://doi.org/10.15294/jils.v6i1.34794","url":null,"abstract":"Progressive law was born out of anxiety over the operation of the law. This means that progressive law was born from the synthesis of the reality of the operation of law in Indonesia. It is on this basis that this progressive law lives. When legal workers succeed in maintaining the law in a way that is acceptable to society, then at that time the law becomes something that lives the soul and spirit that is maintained by law enforcement becomes a milestone of the death of the law itself. Progressive law can be identified through assumptions, components, goals, verification, spirit, progressiveness, study, contact with other theories, and the agenda of action.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86509097","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 Attitude and Technology: Analyzing a Legal Culture on Electronic Court System in Indonesia (Case of Religious Court)","authors":"Dian Latifiani","doi":"10.15294/jils.v6i1.44450","DOIUrl":"https://doi.org/10.15294/jils.v6i1.44450","url":null,"abstract":"The use of technology for the judiciary is now a necessity. In Indonesia, information technology is used for court administration to achieve fast, simple, and low-cost trials. The Supreme Court issued a Supreme Court Regulation as the legal basis for the administration of administration and electronic trials. This is done to make it easier for people to seek justice. The electronic court began in 2018. Its implementation is carried out in stages, starting with certain religious courts as an introduction. Subsequently carried out for all Religious Courts in Indonesia. The problems of this study are: (i) the condition of the religious court from the perspective of legal culture, (ii) reforming the religious court in the perspective of legal culture, (iii) renewing the legal culture of religious courts using an electronic system / E court. The social setting is the Office of PA Kendal class 1 A and PA Pemalang Class 1 A. The study shows; (i) The reality of the number of case registrations in 2019 at the Kendal Religious Court Class 1A shows that the legal culture of registering using the E-Court is 117 cases (3.4%) whereas 5 cases litigation (0.13%). The reality of the legal culture of case registration at the Pemalang Religious Court Class 1A with E Court totaling 94 cases (1.8%). Whereas the legal culture of the trial by e-litigation at the Pemalang Religious Court since the issuance of Perma 1 of 2019 has only 4 cases (0.1%), (ii) the development of legal culture in the electronic system of religious courts is carried out by developing an internal and external legal culture in terms of pre-registration, court administration, trial. Development of an internal legal culture for judges, e-court operator officers, e-court corner officers, public service officers to invite justice seekers to use e-court in its resolution. The service officer also helps justice seekers to make an email as an electronic domicile as a requirement for e-court registration. Development of an external legal culture through socialization. Socialization for advocates is carried out through media meetings, flyers, and online web media. As well as mandatory online / e-court registration. Development of external culture for the community (other users) at the village level in the jurisdiction of the local religious court. The effort is to work at the village level to conduct socialization about electronic courts in the village by the Religious Courts.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75078641","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":"How Should the Law Work? A Book Review “Biarkan Hukum Mengalir: Catatan Kritis Tentang Pergulatan Manusia dan Hukum”, Prof. Dr. Satjipto Rahardjo SH, PT Kompas Media Nusantara Jakarta, 2007, 158 pages, ISBN: 978-979-709-334-1","authors":"A. Kurniawan","doi":"10.15294/jils.v6i1.34796","DOIUrl":"https://doi.org/10.15294/jils.v6i1.34796","url":null,"abstract":"In this book, the author conveys criticism and suggestions regarding the development of law that has the dimension of humanity and the values ​​of true justice. Starting from the meaning of order, local communities with their specific but effective policies, to the idea of ​​legal certainty related to the status-quo. Delivered in a light and flowing language, this book needs to be read by lecturers and law students, observers, and researchers in the field of social politics, as well as anyone who cares about the value of justice and humanity.  This book “mistrust” human flashiness in creating and carrying out the law, as well as breaking and tearing it down. Delivered in a light and flowing language, this book needs to be read by lecturers and law students, observers and researchers in the field of social politics, as well as anyone who cares about the value of justice and humanity.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81696219","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}