{"title":"Regulations Harmonization of Proposal and Stipulation of Special Economic Zone in Indonesia","authors":"M. Masnun, Radhyca Nanda Pratama","doi":"10.14710/LR.V16I2.33784","DOIUrl":"https://doi.org/10.14710/LR.V16I2.33784","url":null,"abstract":"The acceleration of economic development in Indonesia cannot be separated when the government implements a Special Economic Zone (KEK) policy by using legal instruments in it. The purpose of this study is to examine the harmonization of regulations related to the proposal and determination of SEZ in Indonesia. This study uses normative legal research, using primary and secondary legal materials. First analysis, the provisions of business entities as proposers for SEZ need to be reviewed because they have a cumulative meaning. Second, private business entities proposing SEZ need to be limited, especially in important areas relating to the life of the wider community. Third, the determination of SEZ by the government (Article) needs to pay attention to RTRW, protected forest areas, and / or analysis of environmental impacts. Fourth, stipulation without a proposal stage is contrary to the principle of kinship. Fifth, Article 8 of the UU KEK is inconsistent with the PP on the Implementation of SEZ and the 2011 Minister of Coordinating Ministry for Guidelines for SEZ Proposals. Sixth, the SEZ proposal by the Minister of Research, Technology and Higher Education needs to be scrutinized and analyzed in depth in the process of its determination.","PeriodicalId":33353,"journal":{"name":"Law Reform Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47686099","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":"Optimizing Health Protocol Enforcement during the Covid-19 Pandemic","authors":"Julista Mustamu, A. D. Bakarbessy","doi":"10.14710/LR.V16I2.33775","DOIUrl":"https://doi.org/10.14710/LR.V16I2.33775","url":null,"abstract":"The effort of the prevention and countermeasures in order to break the chain of transmission of Corona Virus Disease 2019 (Covid-19), it needs to be done in an integrated and comprehensive manner from various aspects of governance, health, socio-cultural and economic aspects. As part of the state of public health emergencies and has beeb designated as a non natural disaster, the regional goverment has the authority to take preventive and countermeasures actions primarily in the enforcement of health protocol during the Covid-19 pandemic in accordance with statutory provinsions. The research objective is to understand the enforcement of health protocols during the Covid-19 pandemic. The research method used is juridical-normative with a statutory approach and a conceptual approach to analyze problems qualitatively. The results and discussion concluded that The formulation of policies and formation of regional legal product that from the basic of legitimacy as well as the basic of legality to act for local goverments in the efoort to optimize the enforcement of prtococols during the Covid-19 pandemic, certaily need to develop specific policy formulation models and becemo a reference for local goverments in policy formulations and formulation reginal legal product in the enforcement of the Covid-19 health protocol. Policy formulation and formation of regional legal product in the enforcement of the Covid-19 health protocol include, and a review of the stages of policy formulation","PeriodicalId":33353,"journal":{"name":"Law Reform Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45248308","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 for Traditional Medicine Knowledge of Paliasa Leaves in Traditional Community of South Sulawesi Through Intellectual Property Regime","authors":"Muhammad Tizar Adhiyatma, K. Roisah","doi":"10.14710/LR.V16I2.33782","DOIUrl":"https://doi.org/10.14710/LR.V16I2.33782","url":null,"abstract":"Traditional knowledge as a work which is communal property and has opposition characteristics to the legal regime of Intellectual Property rights. Thus, imposing for a regime of intellectual property used as a system to protect traditional knowledge would only cause anomalies in Indonesian society itself and the existing legal regime of Intellectual Property rights in Indonesia is not yet capable of protecting traditional knowledge, especially that associated with genetic resources. The existence of local wisdom of communities in South Sulawesi to genetic resources is to use Paliasa (Kleinhovia Hospita Linn.) leaf as a medicinal plant which are well documented in ancient texts “lontarak pabbura” and organized by Ammatoa as Kajang indigenous leaders. Therefore, it needs a protection model to protect traditional knowledge and their genetic resources associated with traditional knowledge through a sui generis system as positive protection and defensive protection models in order to provide comprehensive protection against traditional knowledge belonging to the Indonesian people.","PeriodicalId":33353,"journal":{"name":"Law Reform Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47485086","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":"Supervision of Bawaslu Pemalang Regency in the 2020 Regional Head Election","authors":"Ntika Nur Mutiarasari, Ratna Herawati","doi":"10.14710/LR.V16I2.33777","DOIUrl":"https://doi.org/10.14710/LR.V16I2.33777","url":null,"abstract":"One of the ongoing democratic activities in 2020 is the Election for the Governor and Deputy Governor, the Regent and Deputy Regent, as well as the Mayor and Deputy Mayor simultaneously in 2020. The success of holding regional elections in Indonesia is largely determined by the performance of the election organizers, one of which is the Election Supervisors a supervisory agency that oversees the process of implementing the Pilkada stages. Pilkada supervision during a pandemic is a big challenge for the ranks of Election Supervisors in Indonesia so it is interesting to study this topic. This research focuses on the supervisory policies issued by the Bawaslu RI during the Covid-19 pandemic and is then linked to the supervision carried out by the Pemalang Regency Bawaslu during the 2020 Pilkada. This legal research used a normative juridical approach and was descriptive analytical in nature which was analysed qualitatively. The results of the study show that there are obstacles and strategies in the supervision of election during the pandemic, but Bawaslu RI and its staff including Bawaslu Pemalang in the supervision of the 2020 Pilkada also carry out with more prevention, socialization to the public through online, maximizing social media owned by the District Bawaslu, coordination between agencies / stakeholders. The Election supervision is also carried out by health protocols in handling Covid-19 in their daily activities in carrying out their duties and authorities.","PeriodicalId":33353,"journal":{"name":"Law Reform Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44803846","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}
Derita Prapti Rahayu, F. Faisal, Rafiqa Sari, N. Satrio
{"title":"Law Enforcement in the Context of Legal Culture in Society","authors":"Derita Prapti Rahayu, F. Faisal, Rafiqa Sari, N. Satrio","doi":"10.14710/LR.V16I2.33780","DOIUrl":"https://doi.org/10.14710/LR.V16I2.33780","url":null,"abstract":"Law enforcement is a series of processes to describe values, ideas, ideals, and subsequently become legal objectives. The awareness and compliance of sailing administration to Matras fishermen in catching fish is very much determined by the legal culture of the community. The purpose of this discussion is to determine law enforcement in the context of legal culture in society. The results of the discussion conclude that the legal culture of Matras fishermen displays something unique, namely a spiritual presence and a contextual existence. Therefore, law enforcement in the cultural context is sharing space with the other side of the value that is believed to be sacred in religious substance and believing in the value of local wisdom. The pattern of law enforcement with a cultural dimension is a manifestation of synchronization of the various aspects of substance, structure and culture itself","PeriodicalId":33353,"journal":{"name":"Law Reform Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47141501","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 Implementation of Establishing Marine Protected Area: Lessons Learned From Raja Ampat to Achieve Sustainable Fishery","authors":"S. Wartini","doi":"10.14710/LR.V16I2.33774","DOIUrl":"https://doi.org/10.14710/LR.V16I2.33774","url":null,"abstract":"Raja Ampat has one of the world’s richest coral reef, because it is located in the heart of the coral triangle. However, due to human activities, such as overfishing, shipping as well as climate change has caused serious impacts to the existence of the coral reef and its habitats. As the member of the United Nations Law of the Sea Convention and the Biodiversity Convention, Indonesia has obligation to establish Marine Protected Areas (MPAs). The research aims to analyze comprehensively the implementation of establishing the MPA in Indonesia based on international and national law perspective and to examine whether the existence of the MPA in Raja Ampat can be used as a model to develop MPA in other area to achieve sustainable fishery. This study is a normative juridical research by applying conceptual and statutory approaches. The result of the research finds that the establishing of MPA in Raja Ampat has been successfully achieved sustainable Fishery as part of sustainable development. However, there are some challenges that have to be addressed, such as lack of monitoring in the MPAs due to the limitation of the budget as well as the illegal unreported and unregulated fishing conducted by the people outside indigenous community Thus, it is necessary to conduct monitoring cooperation among the MPAs.","PeriodicalId":33353,"journal":{"name":"Law Reform Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42893720","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 Discourse on Manpower During COVID-19 Outbreak","authors":"Richard H. Kennedy","doi":"10.14710/LR.V16I1.30306","DOIUrl":"https://doi.org/10.14710/LR.V16I1.30306","url":null,"abstract":"Covid-19 has become a global epidemic all around the world. All countries around the world have been completely struggled by this outbreak, including Indonesia. Economy crisis is something that could not be avoided. Naturally, workers, and entrepreneurs will be either directly or indirectly affected. Massive amount of companies has applied the regulation “Termination of Employment”, laid of the workers, and even deduction on wages payment. Workers have become vulnerable parties in this case because they do not have enough assurance. Article 164 (1) Act No. 3 of 2003 concerning Manpower indeed regulates the Termination of Employment regulation because of force majeure, however this law seems to be slightly unsuitably applied for this outbreak Covid-19 situation. Therefore, this study is aimed to do legal discoursing in which can both assure those workers and maintain the operation of business in this tight condition. Finally, Indonesia needs to return back to kinship culture and unity in diversity philosophy as stated in Pancasila to equalize the interests both for workers and employers. According to Article 33 (1) and (4) of 1945 Constitution of Republic Indonesia, it has been firmly stated that Indonesian economy should be organized as a common endeavor based upon the principles of the family system and conducted on basis of Pancasila democracy. Hence, government is expected to play the intermediary role in order to unify and even out interest of all parties. Law of Manpower need to be adjusted with some regulations about rights and responsibilities accommodate to workers, employers, and government in deal with epidemic outbreak.","PeriodicalId":33353,"journal":{"name":"Law Reform Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43929619","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":"Revealing The Relation between Global Capitalism and Television Industry","authors":"A. Sulistyawan, E. Antonius","doi":"10.14710/LR.V16I1.30307","DOIUrl":"https://doi.org/10.14710/LR.V16I1.30307","url":null,"abstract":"The television industry is a broadcasting industry that requires much higher investment than other media. This is due to the need to provide broadcasting infrastructure, television technology that continues to grow, and because of the funding needs of the program. This need will become even bigger in line with increasing competition. The implication of these conditions is the creation of entry-barriers for independent investors with limited capital so that more likely to enter the market are large investors who have networks with broader business systems, which are very likely to initially be engaged in core businesses that are not related to the media. This paper is intended to reveal the relationship between global capitalism in the television industry which is increasingly troubling at the moment. The problem raised is how is the relation between the interests of global capitalism in the television industry in Indonesia? Such ownership patterns ultimately have an impact on broadcast content. Commercial television stations cannot be expected to present content that challenges policies that benefit large capital owners while harming labor interests. Thus, the tendency of the media to only present content that is not critical of capitalism cannot by itself be read as the fruit of the orders of the owners of capital or because of the ideology of media workers who are indeed pro-capitalism.","PeriodicalId":33353,"journal":{"name":"Law Reform Jurnal Pembaharuan Hukum","volume":"176 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67038952","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":"Issuance of a Search Warrant for Narcotics Crime in Indonesia","authors":"Sahuri Lasmadi","doi":"10.14710/LR.V16I1.30304","DOIUrl":"https://doi.org/10.14710/LR.V16I1.30304","url":null,"abstract":"Concerning narcotics crime in Indonesia in addition to the Police Investigator, the National Narcotics Agency (BNN) also has the authority to conduct investigations and investigations. Search is part of the investigation process, but is often constrained by a search warrant. The research method used is a normative legal research method. This method uses a statutory approach and a conceptual approach. This research puts forward secondary data in the form of binding legal material such as Law Number 35 of 2009 concerning Narcotics (Narcotics Law), books and other legal research journals. The results of this study indicate Article 81 of the Narcotics Law states that Police Investigators and BNN investigators are authorized to conduct investigations of the abuse and illicit trafficking of Narcotics and Narcotics Precursors. One of them is that an ordinary search or normal search can be carried out by the investigator after first obtaining permission from the head of the District Court, then searching under extraordinary and urgent circumstances, ie the investigator can search without first obtaining permission from the head of the local District Court, however after a search the investigator must immediately seek the approval of the head of the District Court.","PeriodicalId":33353,"journal":{"name":"Law Reform Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47799856","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}