PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)最新文献_第3页

The Characters of Special Region According to The 1945 Constitution of Republic of Indonesia 从1945年印度尼西亚共和国宪法看特区的特征

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 2019-08-01 DOI: 10.22304/pjih.v6n2.a6

A. Hermanto, Anggara Suwahju

{"title":"The Characters of Special Region According to The 1945 Constitution of Republic of Indonesia","authors":"A. Hermanto, Anggara Suwahju","doi":"10.22304/pjih.v6n2.a6","DOIUrl":"https://doi.org/10.22304/pjih.v6n2.a6","url":null,"abstract":"The Republic of Indonesia, based on the 1945 Constitution, the second Amendment, recognizes the existence of a Special Region and its distinctive governance. Article 18B, Paragraph (1), of the 1945 Constitution reads, “The State shall recognize and respect entities of regional administration that possess a specificity or a distinctiveness that are to be regulated by law”. Previously, the governance of special region was also regulated in the first version of the 1945 Constitution that was stipulated on August 18, 1945. In addition, it is contained in other constitutions that were formerly effective in Indonesia: the 1949 Constitution of the Republic of the United States of Indonesia, and the 1950 UUDS. The clearest arrangements regarding the status of special region were covered by the 1950 UUDS, whereas the 1945 and the 1949 Constitutions do not provide detailed description of special regional government units. This triggers some fundamental questions related to the substance of special region. This study reveals several facts related to the existence and administration of government in special regions. Among other things, the current arrangement does not open up the possibility of forming new special regions and the administration of special region only exists at the provincial level.","PeriodicalId":404335,"journal":{"name":"PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129067847","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

Regionalism as a Solution to Refugee Protection in ASEAN 区域主义:东盟难民保护的解决之道

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 2019-08-01 DOI: 10.22304/pjih.v6n2.a9

Jenica Alva, I. Handayani

{"title":"Regionalism as a Solution to Refugee Protection in ASEAN","authors":"Jenica Alva, I. Handayani","doi":"10.22304/pjih.v6n2.a9","DOIUrl":"https://doi.org/10.22304/pjih.v6n2.a9","url":null,"abstract":"The problem of refugees has become a global phenomenon that brings widespread impacts to all involving parties. The humanitarian crisis of the Rohingya ethnic group increased the number of refugees in ASEAN who needs international protection. However, legal and political framework governing refugee protection in ASEAN is still very insignificant. This research is to answer whether regionalism is successful in resolving the problem of refugees in international level and whether a regionalism approach can be applied in ASEAN level to deal with refugees. This study used normative juridical research methods with literature study techniques. Based on the results, the study revealed that regionalism has successfully solved the problem of refugees. However, the development of regionalism needs to be improved to deal with mass-influx problems. Regionalism has succeeded in encouraging world regions such as Europe, Africa, and Latin America to form various binding regional mechanisms (CEAS, OAU Convention, and Cartagena Declaration). Compared to the universal approach, regionalism is a better option because of its flexible nature. It also provides choices to member states in handling refugee protection activities. Based on the comparison of regionalism practices from the three regions, the regionalism approach in ASEAN has a great potential to solve refugee problems more effectively.","PeriodicalId":404335,"journal":{"name":"PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127540990","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 Prosecution in Trial In Absentia Of Money Laundering Case Resulted from Conventional Case 洗钱案件缺席审判的起诉源于传统案件

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 2019-08-01 DOI: 10.22304/pjih.v6n2.a5

R. Sudirdja

{"title":"The Prosecution in Trial In Absentia Of Money Laundering Case Resulted from Conventional Case","authors":"R. Sudirdja","doi":"10.22304/pjih.v6n2.a5","DOIUrl":"https://doi.org/10.22304/pjih.v6n2.a5","url":null,"abstract":"In Indonesia, the provision of in absentia in the Money Laundering Crime Law raises problems if the crime act is originally conventional crime act. Conventional crime act should be handled based on the provisions of the Indonesian Criminal Law Procedures Code. On the one hand, the Money Laundering Crime Law regulates the provisions of the court in absentia and, on the other hand, the Indonesian Criminal Law Procedures Code does not recognize trial in absentia. This study covers the issue. To be precise, it reveals the possibility of a conventional crime act that is charged with the Money Laundering Crime Law to be tried in absentia based on the principle of formal legality. In addition, it discusses the strategy of prosecution of money laundering crime act in trial in absentia for cases that are originally conventional crime act based on the principle of due process of law. This study used analytical description research specifications and the normative juridical method. The data was collected through a document study. In accordance with the approaches, the data were analyzed in qualitative-juridical manners. This study concludes several points. The first, based on the principle of legality of formal law, the implementation of trial in absentia against general criminal acts cannot be carried out. The second, based on the principle of due process of law, the prosecution strategy in trial in absentia fur such cases are that (1) the prosecution of money laundering crime and original crime must be done separately; (2) the public prosecutor must delay the transfer of original criminal acts to the court until the accused is found and presented; (3) the indictment must be prepared in a single form; (4) the indictment must draw legal facts about the original crime; and (5) the public prosecutor can prove the legal facts about the original crime in the element of ‘assets resulting from the crime’ in the money laundering offense.","PeriodicalId":404335,"journal":{"name":"PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114538340","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

[BOOK REVIEW] The Peaceful Settlement of International Disputes [书评]和平解决国际争端

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 2019-04-01 DOI: 10.22304/pjih.v6n1.a11

Davina Oktivana

引用次数: 0

Legal Protection for The Indigenous Law Communities and Their Traditional Rights Based on the Verdict of the Constitutional Court 从宪法法院判决看原住民法社群及其传统权利的法律保护

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 2019-04-01 DOI: 10.22304/pjih.v6n1.a5

Putera Astomo, Asrullah Asrullah

{"title":"Legal Protection for The Indigenous Law Communities and Their Traditional Rights Based on the Verdict of the Constitutional Court","authors":"Putera Astomo, Asrullah Asrullah","doi":"10.22304/pjih.v6n1.a5","DOIUrl":"https://doi.org/10.22304/pjih.v6n1.a5","url":null,"abstract":"This study covers the problems related to the regulation of Adat (Indigenous) law communities. First, the Law Number 41 of 1999 on Forestry categorizes indigenous forests as State Forest. Therefore, the state has the authority to stipulate indigenous forests as long as the relevant Indigenous Law Communities are still existed and recognized. Second, the Law Number 27 of 2007 on Management of Coastal Areas and Small Islands provides opportunities for owners of large capital through Coastal Water Concession Rights (HP-3), but the substance does not provide space for coastal communities especially fishermen carrying out economic activities in coastal areas. Due to limited capital and technology, coastal communities are not able to compete with large capital owners hence the poverty level of fishermen keeps increasing. Finally, the Law Number 41 of 1999 on Forestry and the Law Number 27 of 2007 on Management of Small Coastal Areas and Islands tested materially to the Constitutional Court. The research method used in this study is normative legal research. The results of the research are forms of legal protection against the existence of indigenous law communities and their traditional rights, which include protection of their indigenous rights over the status and management of indigenous forests and their protection over the management of coastal areas and small islands.","PeriodicalId":404335,"journal":{"name":"PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129099692","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

New Direction of Indonesian Migrant Workers Protection through the Law Number 18 of 2017 and its Implementation Challenges 通过2017年第18号法律保护印尼移民工人的新方向及其实施挑战

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 2019-04-01 DOI: 10.22304/pjih.v6n1.a10

N. Izzati

引用次数: 0

The Implementation of Alternatives to Detention to Handle the Problems of Refugees in Indonesia 印度尼西亚采用拘留替代办法处理难民问题的情况

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 2019-04-01 DOI: 10.22304/pjih.v6n1.a7

Wicipto Setiadi, Mario Siagian

{"title":"The Implementation of Alternatives to Detention to Handle the Problems of Refugees in Indonesia","authors":"Wicipto Setiadi, Mario Siagian","doi":"10.22304/pjih.v6n1.a7","DOIUrl":"https://doi.org/10.22304/pjih.v6n1.a7","url":null,"abstract":"In recent years, the numbers of refugees who transit in Indonesia are increasing. Since Indonesia is a state that upholds and respects human rights, the Indonesian government has an obligation to provide the best treatment and protection for refugees while they settle in the Indonesian territory. One of responsibilities of the state for these refugees is to implement programs that are alternatives to detention through the National Action Plan Beyond Detention 2014-2019. After the issuance of the Action Plan, the Indonesian government has collaborated with UNHCR and IOM to implement alternatives to detention in Indonesia. The alternatives are to provide care and the best protection for refugees living in the Indonesian territory. Refugees have to live in Indonesia temporarily because of various factors from the third countries. They have to stay for a while without a clear period until they are transferred to a third country of settlement. There are various problems in determining alternatives to detention in Indonesia. This paper aims to analyze and examine the policy of handling the problem of refugees in Indonesia since Indonesia has not ratified the Refugee Convention 1951.","PeriodicalId":404335,"journal":{"name":"PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116806936","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

Collective Food Security under the Framework of the ASEAN Community: A Reflection from Indonesia’s Food Policy 东盟共同体框架下的集体粮食安全:来自印尼粮食政策的反思

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 2019-04-01 DOI: 10.22304/pjih.v6n1.a1

G. Arundhati, Muhammad Bahrul Ulum, Rosita Indrayati

{"title":"Collective Food Security under the Framework of the ASEAN Community: A Reflection from Indonesia’s Food Policy","authors":"G. Arundhati, Muhammad Bahrul Ulum, Rosita Indrayati","doi":"10.22304/pjih.v6n1.a1","DOIUrl":"https://doi.org/10.22304/pjih.v6n1.a1","url":null,"abstract":"Since its inception in 1967, the Association of Southeast Asian Nations (ASEAN) has been based upon the common interests of its member states and the principle of solidarity. These two cornerstones have played an important role in the efforts for development of this regional organization. Under the principle of solidarity, ASEAN configures a distinct intergovernmentalism subjected to collective decision-making which emphasizes common understanding, including on how it approaches security concerns. This article aims to discuss and analyze the prospect of the collective food security in ASEAN by taking into account the legal frameworks of food security in the ASEAN community and Indonesia. Specifically, this article reflects the development of ASEAN and the member states’ common problem of providing food for national consumption. ASEAN’s development shows that it has committed to food security. For instance, ASEAN signed the Agreement on the ASEAN Food Security Reserve. However, this institution has not paid enough significant attention to food security and the ASEAN integration pillars are often justified to exempt food security amongst its priorities. Therefore, this article clarifies that food security is an essential part of the pillars. By the inclusion of food security to such pillars and taking account of Indonesia’s experiences, there is an importance for ASEAN to re-consider food security. This consideration is not only to achieve part of its ultimate objectives to bring prosperity but also to ensure regional stability.","PeriodicalId":404335,"journal":{"name":"PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115504746","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

ASEAN and European Human Rights Mechanisms, What Should be Improved? 东盟与欧洲人权机制，哪些有待改进?

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 2019-04-01 DOI: 10.22304/pjih.v6n1.a8

Nurhidayatuloh Nurhidayatuloh, Febrian Febrian

{"title":"ASEAN and European Human Rights Mechanisms, What Should be Improved?","authors":"Nurhidayatuloh Nurhidayatuloh, Febrian Febrian","doi":"10.22304/pjih.v6n1.a8","DOIUrl":"https://doi.org/10.22304/pjih.v6n1.a8","url":null,"abstract":"The human rights mentioned in the Universal Declaration on Human Rights (UDHR) are universal values agreed upon countries in the world. This is reflected by the fact that no state rejects the United Nations General Assembly Resolution in 1948. It is even strengthened by the ratification of two major international human rights covenants, which have binding legal powers. They are the International Covenant on Civil and Political Rights and the Covenant on Economic, Social, and Cultural Rights in 1966. European states are legally bound to human rights through the European Human Rights Convention that is signed in 1950 and come into force in 1953. On the other hand, ASEAN states are bound to human rights as parties of ICCPR, ICESCR, and their commitment to the regional level ASEAN Declaration of Human Rights. Both in European Union and ASEAN have their own human rights mechanisms: the European Court of Human Rights (ECtHR) and ASEAN Intergovernmental Commission on Human Rights (AICHR). This study employed a comparison method with a normative legal research approach to compare the human rights mechanisms in Europe and in ASEAN. It also deals with the implementation of human rights protection by the states in the two regional organizations. As a result, although the two regional organizations have human rights mechanisms applied in their areas, with experiences through cases appealing to European Human Rights Courts, Europe provides more assurance and legal certainty towards individuals when a state commit human rights violations against individuals. On the other hand, the AICHR, as the equal commission in ASEAN region, tends not to have sufficient legal power in handling human rights cases occurred in its territory.","PeriodicalId":404335,"journal":{"name":"PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130994365","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: 13

Environmental Crime Victims under Criminal Justice System: A Study on the Development of Environmental Victimology 刑事司法制度下的环境犯罪被害人:环境被害人学发展研究

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 2019-04-01 DOI: 10.22304/pjih.v6n1.a3

Wanodyo Sulistyani

{"title":"Environmental Crime Victims under Criminal Justice System: A Study on the Development of Environmental Victimology","authors":"Wanodyo Sulistyani","doi":"10.22304/pjih.v6n1.a3","DOIUrl":"https://doi.org/10.22304/pjih.v6n1.a3","url":null,"abstract":"Lack of attention to environmental crime victims under criminal justice system has led to the development of the study of environmental victimology. This study focuses to acknowledge victims’ losses as an impact of environmental crime and victimizationprocess. In the study of criminology, environmental crime is generated by environmental damaging activities, such as pollution, illegal hazardous substances dumping, land burning, illegal logging, etc. The damaging activities inflict harms not merely to the sustainability of the environment, but also to human and other creatures. Environment degradation has caused issues on health, economic, social, and cultural, as well as inequality. However, in some incidents, environmental crime is endorsed by state; the fact has created complexity in dealing with the crime. Furthermore, environmental crime is also related to other forms of crime, such as corruption and money laundering. Therefore, a multi-doors approach is established by involving several institutions to investigate the crimes. However, the approach does not sufficiently restore victims’ losses. The environmental victimology study is expected to enable criminal justice system to accommodate environmental crime victim’s interests for restitution or compensation. Therefore, this article overviews the widespread environmental crimes and the rise of attention to this issue. Consequently, it also describes the issue on criminal law enforcement to environmental crimes. Furthermore, it reviews environmental victimology study and the process of environmental victimization. Lastly, it analyzes the importance of environmental victimology study in arranging a policy on restoring the victims’ losses. The study employed normative legal research by applying statutory, comparative, and case study approaches.","PeriodicalId":404335,"journal":{"name":"PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125016890","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