PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)最新文献_第5页

A Comparative Study of French, British, Dutch, and Russian External Supervisory Agencies of Investigators and Prosecutors within Integrated Criminal-Justice-System 法国、英国、荷兰和俄罗斯综合刑事司法系统中调查人员和检察官外部监督机构的比较研究

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 2019-01-19 DOI: 10.22304/pjih.v5n3.a7

A. Budianto

{"title":"A Comparative Study of French, British, Dutch, and Russian External Supervisory Agencies of Investigators and Prosecutors within Integrated Criminal-Justice-System","authors":"A. Budianto","doi":"10.22304/pjih.v5n3.a7","DOIUrl":"https://doi.org/10.22304/pjih.v5n3.a7","url":null,"abstract":"Criminal justice system consists of sub-systems that carry out different tasks and authorities. However, they have the same purpose to implement legal provisions against crimes. The sub-systems cover police, prosecutor, court, and correctional institution. However, in practice, especially in Indonesia, the relation of these sub-systems is not harmonious. It causes legal certainty becoming hard to achieve. One of the solutions is the establishment of supervisory institutions. Nevertheless, in Indonesia, the function of supervisory institution is still unbalanced. Police investigators and prosecutors are stationed at different institutions. The National Police Commission (Kompolnas –Komisi Kepolisian Nasional) and the Prosecutorial Commission (Komjak –Komisi Kejaksaan) are formed by Presidential Regulation, while the Judicial Commission as the Court supervisory institution is formed by the law. A comparison of France, The Netherlands, United Kingdom, and Russian reveals the fact that Police and Prosecutor are under the Ministry of Internal Affairs and the Ministry of Justice. Therefore, the coordination between investigators and prosecutors can be harmonious under one coordination. This study employed a comparison method to observe the supervisory institutions to minimize the practice of judicial corruption in the sub-system. There are two opportunities. The first is to strengthen the main tasks and authorities of Kompolnas and Komjak by changing the existed legislation or establishing new supervisory institution that covering all supervisory functions in the activities of investigation, prosecution, and examination (by the judge) in one legislation.","PeriodicalId":404335,"journal":{"name":"PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)","volume":"202 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120863640","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

Legal Protection for Urban Online-Transportation-Users’ Personal Data Disclosure in the Age of Digital Technology 城市网络交通的法律保护——数字技术时代用户个人信息披露

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 2019-01-19 DOI: 10.22304/PJIH.V5N3.A5

Kukuh Tejomurti, Hernawan Hadi, M. Imanullah, Rachma Indriyani

{"title":"Legal Protection for Urban Online-Transportation-Users’ Personal Data Disclosure in the Age of Digital Technology","authors":"Kukuh Tejomurti, Hernawan Hadi, M. Imanullah, Rachma Indriyani","doi":"10.22304/PJIH.V5N3.A5","DOIUrl":"https://doi.org/10.22304/PJIH.V5N3.A5","url":null,"abstract":"This study aims to describe the protection of personal data of online transportation customer from the perspective of legal protection for privacy. Although online transportation services enable users to travel with low-cost easily, they also pose new challenges. The challenges include the absence of standards of protection for both passengers and drivers, especially the protection of the user’s privacy rights. The issue of personal data protection and the privacy rights has arisen after some drivers intimidate their customers because the customers give bad ratings that the drivers do not desire. The types of intimidation are, among others, determining the work time, travel route, house condition, workplace condition, etc. Criminal individuals can expose all weaknesses in customers’ personal data protection to commit acts of crime. In addition, the users’ personal data can be transferred to other parties outside the jurisdiction of Indonesian law. This study uses normative legal research with prescriptive character. The legal approach used in this study is the conceptual and the regulatory approaches. The results show that, until now, there is no guarantee of the protection of privacy rights for online transportation users. The consumers’ efforts to make legal remedies for compensation claims also face problems due to the existence of standard clauses in the provisions of the privacy policy.","PeriodicalId":404335,"journal":{"name":"PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128523427","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: 8

The Balinese Traditional Law Instrument: a Realism between the Balance of Cosmic and Human Rights Context 巴厘传统法律文书:宇宙与人权语境平衡的现实主义

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 2019-01-19 DOI: 10.22304/PJIH.V5N3.A3

I. Yusa, Nico Dharmawan

引用次数: 7

The Latest Development of Chile-Bolivia Dispute: Questioning International Watercourse Status of Silala/Siloli in ICJ 智利-玻利维亚争端的最新进展:国际法院对西拉拉/西罗利国际水道地位的质疑

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 2019-01-19 DOI: 10.22304/PJIH.V5N3.A2

Almi Nibach Mauludila

引用次数: 0

The Functionalization of Law and Criminal Procedures to Confront Health Care Fraud in Hospitals 对抗医院医疗欺诈的法律功能与刑事诉讼

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 1900-01-01 DOI: 10.22304/pjih.v8n3.a2

M. Pane, Diah Pudjiastuti

{"title":"The Functionalization of Law and Criminal Procedures to Confront Health Care Fraud in Hospitals","authors":"M. Pane, Diah Pudjiastuti","doi":"10.22304/pjih.v8n3.a2","DOIUrl":"https://doi.org/10.22304/pjih.v8n3.a2","url":null,"abstract":"Fraud is a systematic crime that has a very broad impact. It can happen in any fields, including in hospitals. Fraud is a form of corruption. Hospital is a health service institution. Corruption in hospitals has the potential to lead to ineffective health services for people. The phenomenon of health care fraud in hospital is an indication the law does not function in accordance with the objective. This study aims to determine the functionalization of law and sentence for fraudulent acts as a form of corruption in hospitals based on justice values. This study is a descriptive study with normative juridical method that employed statutory and conceptual approaches. The data were collected through a literature study. It was subsequently analyzed qualitatively. This study is of the position to view that prosecution of criminal acts of corruption requires functionalization of law. The functionalization of law must be interpreted as positioning everything in its proper place. It is the synergy of the legal system, which consists of formulative, judicial, and executive policies. The criminal procedures can apply the punishment system for perpetrators of fraudulent acts in hospitals that includes extended alternative punishment.","PeriodicalId":404335,"journal":{"name":"PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125250726","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 Right to Water in Jakarta: Limitation in a Sinking City 雅加达的用水权:下沉城市的限制

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 1900-01-01 DOI: 10.22304/pjih.v9n1.a3

Ahmad Risyad Sumartapraja, Diajeng Wulan Christianti

{"title":"The Right to Water in Jakarta: Limitation in a Sinking City","authors":"Ahmad Risyad Sumartapraja, Diajeng Wulan Christianti","doi":"10.22304/pjih.v9n1.a3","DOIUrl":"https://doi.org/10.22304/pjih.v9n1.a3","url":null,"abstract":"Unsustainable groundwater extraction in Jakarta has resulted in the subsidence of its land. Said effect had prompted the Regional Government to limit groundwater extraction. Consequently, the limitation threatens Jakarta residents’ minimum core enjoyment of the Human Right to Water (HRtW). People who live in coastal areas are the most affected. Northern Jakarta have considered the limitation as a burden that force them to spend more on necessities. Since there are no safeguards nor alternatives and that the limitation is from the Regional Government is disproportionate, this study argues that there is a violation of Jakarta residents’ Human Right to Water since their access towards water has been impeded, especially in areas without piped water. The Human Right to Water is a fundamental right, a foundation of the enjoyment of other rights. Like other human rights, it can be limited if the alternatives have already been installed. This study argues that, in the case of Jakarta, the safeguards that are supposed to be put into place is the progressive realization of Human Right to Water. It is the installation of a holistic piped water network. Indonesia has an obligation to provide piped water as a safeguard to its limitations otherwise international human rights law will be violated.","PeriodicalId":404335,"journal":{"name":"PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126621334","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

Deregulation in Job Creation Law: The Future of Indonesian Labor Law 就业创造法中的放松管制:印尼劳动法的未来

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 1900-01-01 DOI: 10.22304/pjih.v9n2.a3

Nabiyla Risfa Izzati

{"title":"Deregulation in Job Creation Law: The Future of Indonesian Labor Law","authors":"Nabiyla Risfa Izzati","doi":"10.22304/pjih.v9n2.a3","DOIUrl":"https://doi.org/10.22304/pjih.v9n2.a3","url":null,"abstract":"A new era in Indonesian labor policy has begun with the recent passage of Law Number 11 of 2020 on Job Creation. The Law modifies dozens of legislations to make business performance easier and strengthen the national investment climate. In doing so, the Law deregulated some key Indonesian labor law policies, reducing previous labor rights formerly governed by Law Number 13 of 2003 on Manpower. The Job Creation Law also seems to increase labor market flexibility. It makes businesses simpler by the provision to hire workers through an outsourcing system or legalizing longer fixed-term contracts, which will make the labor market more precarious for workers in the long run. The study aims to analyze whether deregulation is a way forward for Indonesian labor law and what impact it might bring on workers. The study found solid evidence that the Indonesian government is currently underway on its mission to deregulate labor regulations. This may impact badly on workers, as many labor protections previously mandated by law are reduced. Therefore, workers must strengthen their bargaining position through collective bargaining and reinforcing the trade union to survive in the post-Job Creation Law era.","PeriodicalId":404335,"journal":{"name":"PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)","volume":"95 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122413200","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

THE RULE OF ATTRIBUTION FOR PEACEKEEPERS POST-DUTCH SUPREME COURT’S RULINGS ON MOTHERS OF SREBRENICA IN 2019: A DISCOURSE ON PRESUMPTIVE V. PREVENTIVE INTERPRETATION 2019年荷兰最高法院对斯雷布雷尼察母亲的裁决后维和人员的归属规则:关于推定与预防性解释的论述

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 1900-01-01 DOI: 10.22304/pjih.v10n2.a4

Evan Tobias, Imam Mulyana

{"title":"THE RULE OF ATTRIBUTION FOR PEACEKEEPERS POST-DUTCH SUPREME COURT’S RULINGS ON MOTHERS OF SREBRENICA IN 2019: A DISCOURSE ON PRESUMPTIVE V. PREVENTIVE INTERPRETATION","authors":"Evan Tobias, Imam Mulyana","doi":"10.22304/pjih.v10n2.a4","DOIUrl":"https://doi.org/10.22304/pjih.v10n2.a4","url":null,"abstract":"Peacekeeping operations have become an integral component of the United Nations in promoting global peace and security. Yet, as demands increase to hold peacekeepers accountable for their misdeeds, the legal principle of attribution within the framework of the law of responsibility remains ambiguous and difficult to define. Hence, this study aims to contribute to the discourse on the attribution of the Peacekeepers' conduct, especially on the presumptive v. preventive interpretation of Article 7 Draft Articles on Responsibility of International Organizations. Under the presumptive interpretation, the peacekeeper’s action is presumed to be attributed to the UN; however, attribution can be rebutted if Troop Contributing States (TCS) exercise control over the peacekeepers. In contrast, preventive interpretation argues that attribution must be determined by which entity, TCS or the UN, has the power to prevent the alleged conduct. This study analyzed how the Dutch Supreme Court’s rulings in 2019 approached the question of attribution toward the Dutch Battalion during the mission of UNPROFOR. The Supreme Court found that the action of the Dutch Battalion was attributable to the Netherlands since the Netherlands fulfills the elements of effective control as governed under Article 8 ARSIWA. Moreover, the Supreme Court rejected the preventive interpretation earlier endorsed in the Nuhanovic case. This study employed a normative juridical approach. This study argues that the Court’s rulings on presumptive interpretation are aligned with the practices of the UN’s peacekeepers and the intended purpose of Article 7 DARIO, which emphasizes attribution on factual consideration.","PeriodicalId":404335,"journal":{"name":"PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114625928","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

A COMPARISON BETWEEN INDONESIAN AND MALAYSIAN ANTI-CORRUPTION LAWS 印尼和马来西亚反腐败法的比较

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 1900-01-01 DOI: 10.22304/pjih.v10n2.a7

Tinuk Dwi Cahyani, Muhamad Helmi Md Said, Muhamad Sayuti Hassan

{"title":"A COMPARISON BETWEEN INDONESIAN AND MALAYSIAN ANTI-CORRUPTION LAWS","authors":"Tinuk Dwi Cahyani, Muhamad Helmi Md Said, Muhamad Sayuti Hassan","doi":"10.22304/pjih.v10n2.a7","DOIUrl":"https://doi.org/10.22304/pjih.v10n2.a7","url":null,"abstract":"Corruption is quite a complicated problem. It has made many countries, including Indonesia, to ratify the United Nations Convention Against Corruption (UNCAC). It is an effort to prevent and to eradicate corruption with international cooperation. Unfortunately, several studies have revealed that Indonesia is experiencing a legal vacuum on corruption because Indonesia only adopts a few points of the United Nations Convention Against Corruption in written regulations. The legal vacuum causes difficulties in the resolution of corruption cases. Compared to other countries, the Indonesia Corruption Perceptions Index is still quite high. It leads to some questions that are addressed in this study. First, why does Indonesia not adopt all articles of the United Nations Convention Against Corruption? Second, how are corruption cases in Indonesia managed after the ratification? Third, how is the comparison of the law to the Malaysia law? To answer the questions, this study used a normative method. It employed the analysis of primary and secondary data assisted using the nVivo 12 application. The study revealed that Indonesia cannot ratify all articles because Indonesia needs some adjustments to meet the required proportions before the new laws are passed. After the ratification, Indonesia seems to have better regulations and adequate existing conditions. Lastly, laws or regulations in Malaysia are more dynamic than Indonesia.","PeriodicalId":404335,"journal":{"name":"PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114798423","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

Human Genetic Engineering: Should Indonesia Regulate It? 人类基因工程:印尼应该监管吗?

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 1900-01-01 DOI: 10.22304/pjih.v9n3.a4

Hari Sutra Disemadi

{"title":"Human Genetic Engineering: Should Indonesia Regulate It?","authors":"Hari Sutra Disemadi","doi":"10.22304/pjih.v9n3.a4","DOIUrl":"https://doi.org/10.22304/pjih.v9n3.a4","url":null,"abstract":"Human genetic engineering raises pros and cons. Despite the potential to contribute to the health sector, it can cause several problems. While, in theory, it goes against nature and against other conservative beliefs, human genetic engineering gains important support from Transhumanism—a philosophy promoting the scientific evolution of the human race. This study determines the relevancy regulation of human genetic engineering on a global scope and how it affects the prospects of regulating human genetic engineering in Indonesia. The study aims to provide consideration for Indonesia in determining the legality status of human genetic engineering, through analyses of legal constructions surrounding it. The study used a comparative legal research method, using laws and legislations as the focal point to compare the legal frameworks of Indonesia and other countries. It employed secondary data and applied the qualitative method. The study reveals that some countries have already regulated the issue based on the benefits and risks, laying out the boundaries and restrictions on the issue. Indonesia has not established any regulation or showed specific interest in regulating human genetic engineering. The regulation on human genetic engineering is very important because many institutions are now increasingly carrying out human genetic engineering; and many countries oversee it. This importance is based on the theory of legal progressivity, which states that the law exists for human and not the other way around. It implies the necessity of adding progressive moves into the existing legal framework to adapt to the changes and developments in society.","PeriodicalId":404335,"journal":{"name":"PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133084552","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