PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)最新文献_第6页

THE OPPORTUNITIES FOR SURROGACY LEGALIZATION BETWEEN THE RIGHT TO HAVE CHILDREN AND A LOOPHOLE OF TRAFFICKING 代孕合法化的机会介于生育权利和人口贩卖的漏洞之间

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 1900-01-01 DOI: 10.22304/pjih.v10n2.a3

Wawan Edi Prastiyo, Gde Made Swardhana

{"title":"THE OPPORTUNITIES FOR SURROGACY LEGALIZATION BETWEEN THE RIGHT TO HAVE CHILDREN AND A LOOPHOLE OF TRAFFICKING","authors":"Wawan Edi Prastiyo, Gde Made Swardhana","doi":"10.22304/pjih.v10n2.a3","DOIUrl":"https://doi.org/10.22304/pjih.v10n2.a3","url":null,"abstract":"The phenomenon of producing surrogate mother facilities has been recognized in some countries, although Indonesia indirectly prohibits the practice. The practice is also feared to be a new form of human trafficking. Therefore, this study aims to evaluate the opportunities for surrogacy legalization regarding its perspectives between human rights and the loophole of trafficking. In this study, three problems were formulated: (1) the legal status of children born from a surrogate mother; (2) the legality of a surrogate mother in Indonesian law; and (3) the opportunities for surrogacy legalization in legal reform. This study is a normative juridical study that examines the differences in legal systems in various countries regarding the regulation of surrogacy. The children delivered through surrogacy were the legal offspring of surrogate mothers. They were also likely to have a legal relationship with their biological parents as adopted children. Asides from these legal statuses, Indonesian law did not support the validity of the uterine lease agreement. This was due to its inseparability from the influence of religious and cultural values, which opposed the existence of surrogacy. Women and children have the potential to become victims of exploitation, even though the practice of surrogate motherhood is very harmful to their health. The practice subsequently prioritized the opportunity to become a new form of human trafficking. Various international legal instruments that exist can be used as a reference to prohibit the existence of surrogate mothers.","PeriodicalId":404335,"journal":{"name":"PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)","volume":"45 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":"128851256","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 PROPOSAL TO ADOPT CONCRETE JUDICIAL REVIEW IN INDONESIAN CONSTITUTIONAL COURT: A STUDY ON THE GERMAN FEDERAL CONSTITUTIONAL COURT EXPERIENCES 印度尼西亚宪法法院采取具体司法审查的建议:对德国联邦宪法法院经验的研究

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 1900-01-01 DOI: 10.22304/pjih.v10n2.a1

Tanto Lailam, M. Lutfi Chakim

{"title":"A PROPOSAL TO ADOPT CONCRETE JUDICIAL REVIEW IN INDONESIAN CONSTITUTIONAL COURT: A STUDY ON THE GERMAN FEDERAL CONSTITUTIONAL COURT EXPERIENCES","authors":"Tanto Lailam, M. Lutfi Chakim","doi":"10.22304/pjih.v10n2.a1","DOIUrl":"https://doi.org/10.22304/pjih.v10n2.a1","url":null,"abstract":"The study aims to propose an adoption to concrete judicial review in Indonesian Constitutional Court based on the experiences of the German Federal Constitutional Court. It was motivated by the weak protection of citizen’s constitutional rights in ordinary court; and the absence of concrete judicial review authority at the Indonesian Constitutional Court. This study used doctrinal legal research method with legal documents or regulations, cases, and comparative analyses. This concrete review confirms the role of judges of ordinary courts in proceeding with the constitutional system, especially in protecting fundamental rights from the legislatures’ law violations based on Articles 93, 94, and 100 of the German Basic Law and the GFCC Act. The Indonesian Constitutional Court needs a concrete review authority in the future and the GFCC is the best judicial reference. There are several constitutional and legal arguments. Constitutional arguments and legal facts explain the necessity of the authority for the Indonesian Constitutional Court. Firstly, there are many cases faced by Indonesian Constitutional Court. Secondly, it can provide solutions for the dualism judicial review problem on conflicted decisions between the Constitutional Court and the Supreme Court. Thirdly, it can strengthen the role of judges in the Supreme Court (general, religious, military, and administrative courts) to generate the obligation to uphold the 1945 Constitution. The proposal through the amendment of the 1945 Constitution is an ideal way to create legal certainty and to strengthen institutions for the protection of fundamental rights in Indonesia.","PeriodicalId":404335,"journal":{"name":"PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)","volume":"8 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":"125753646","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

The Optimization of Corruption Deterrence during the Covid-19 Pandemic 新冠肺炎疫情期间腐败威慑的优化

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 1900-01-01 DOI: 10.22304/PJIH.V8N1.A4

Andi Hidayat Anugrah Ilahi, Yeni Widowaty

{"title":"The Optimization of Corruption Deterrence during the Covid-19 Pandemic","authors":"Andi Hidayat Anugrah Ilahi, Yeni Widowaty","doi":"10.22304/PJIH.V8N1.A4","DOIUrl":"https://doi.org/10.22304/PJIH.V8N1.A4","url":null,"abstract":"During the Covid-19 Pandemic, weak monitoring and evaluation have opened greater opportunities for money laundering and, in general, corruption cases. The Indonesian Survey Institute revealed data, which exposes an increase of 39.6% of the public’s perception regarding the scale of corruption cases during the pandemic. This survey is in line with the data of the Indonesian Corruption Watch mentioning 169 corruption cases during the first period of 2020. In the era of economic and health crises, corruption surely may provide greater impact and damage to the state governance and community activities. This study aims to measure the optimization of actual efforts to counter corruption during the Covid-19 Pandemic. It is a descriptive-qualitative with literature study to reveal facts. The method is in line with the use of information management activities carried out by formal and non-formal institutions during the Covid-19 pandemic. The target population is state institutions or government agencies that act as law enforcers to counter money laundering or, in general, corruption. The target population covers them who have specialization to operate tasks dealing with corruption crimes. The study shows that there have been many programs and synergies carried out by law enforcers and the government. However, they have not been able to mitigate and to eradicate corruption. Therefore, for the purpose of improvement, the parties need to adjust monitoring and evaluation system with the Covid-19 Pandemic conditions.","PeriodicalId":404335,"journal":{"name":"PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)","volume":"21 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":"125678891","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

Constructing Responsible Artificial Intelligence Principles as Norms: Efforts to Strengthen Democratic Norms in Indonesia and European Union 构建负责任的人工智能原则作为规范:加强印尼和欧盟民主规范的努力

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 1900-01-01 DOI: 10.22304/pjih.v9n2.a5

Rofi Aulia Rahman:, Valentino Nathanael Prabowo, Aimee Joy David, József Hajdú

{"title":"Constructing Responsible Artificial Intelligence Principles as Norms: Efforts to Strengthen Democratic Norms in Indonesia and European Union","authors":"Rofi Aulia Rahman:, Valentino Nathanael Prabowo, Aimee Joy David, József Hajdú","doi":"10.22304/pjih.v9n2.a5","DOIUrl":"https://doi.org/10.22304/pjih.v9n2.a5","url":null,"abstract":"Artificial Intelligence influences democratic norms and principles. It affects the quality of democracy since it triggers hoaxes, irresponsible political campaign, and data privacy violations. The study discusses the legal framework and debate in the regulation of Artificial Intelligence in the European Union legal system. The study is a doctrinal legal study with conceptual and comparative approach. It aims to criticize the current doctrine of democracy. The analysis explored the law on election and political party in Indonesia to argue that the democratic concept is outdated. On the other hand, the European Union has prepared future legal framework to harmonize Artificial Intelligence and democracy. The result of the study indicates that the absence of law on Artificial Intelligence might be the fundamental reason of the setback of democracy in Indonesia. Therefore, the Indonesian legal system must regulate a prospective Artificial Intelligence regulation and a new democratic concept by determining the new principles of responsible Artificial Intelligence into drafts of laws on Artificial Intelligence, election, and political party. Finally, the new laws shall control programmers, politicians, governments, and voters who create and use Artificial Intelligence technology. In addition, these legal principles shall be the guideline to prevent the harms and to mitigate the risks of Artificial Intelligence technology as well as the effort to strengthen democracy.","PeriodicalId":404335,"journal":{"name":"PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)","volume":"26 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":"128991883","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

Force Majeure in Aircraft Lease Agreement and Covid-19: Indonesian and English Law Perspectives 飞机租赁协议中的不可抗力和Covid-19:印尼和英国法律视角

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 1900-01-01 DOI: 10.22304/pjih.v9n1.a5

Hasna Hasna

{"title":"Force Majeure in Aircraft Lease Agreement and Covid-19: Indonesian and English Law Perspectives","authors":"Hasna Hasna","doi":"10.22304/pjih.v9n1.a5","DOIUrl":"https://doi.org/10.22304/pjih.v9n1.a5","url":null,"abstract":"The Covid-19 pandemic has resulted in the establishment of flight restrictions throughout the world. Airlines lose their main source of income. In fact, most aircraft operate from leasing schemes making them unable to fulfill their payment obligations under the aircraft lease agreement. Airlines argue that the Covid-19 pandemic is a force majeure event, is beyond its control, and causes the contractual obligations to be unenforceable. This study reveals Indonesian and British law perspectives on force majeure, related to the Covid-19 pandemic, and analyzes such implementation in the aircraft lease agreement. English law was chosen because most aircraft lease agreements are governed by English law, in accordance with the implementation of the autonomy of the parties of international civil law. This study shows that both Indonesian and English laws regulate force majeure events for the affected party to be released from contract obligations if the party is truly unable to carry out obligations due to force majeure. The event of force majeure must also be regulated specifically in the agreement. However, in the aircraft lease agreement, there is a hell or high-water clause that the obligation to pay rent is absolute regardless of any circumstances. Therefore, the legal provisions regarding force majeure do not apply to aircraft lease agreement unless it is mentioned.","PeriodicalId":404335,"journal":{"name":"PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)","volume":"10 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":"125602731","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 Protection of Spiritual Rights in the Sharia Banking Dispute Settlement: Overview of the Sharia Banking Law in Indonesia 伊斯兰银行纠纷解决中的精神权利保护:印尼伊斯兰银行法律概述

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 1900-01-01 DOI: 10.22304/pjih.v9n3.a5

Amirizal Bustamin, Arini Azka Muthia, Sonia Ivana Barus

{"title":"The Protection of Spiritual Rights in the Sharia Banking Dispute Settlement: Overview of the Sharia Banking Law in Indonesia","authors":"Amirizal Bustamin, Arini Azka Muthia, Sonia Ivana Barus","doi":"10.22304/pjih.v9n3.a5","DOIUrl":"https://doi.org/10.22304/pjih.v9n3.a5","url":null,"abstract":"The status of Islamic banking in dispute settlement is normatively a positive legal subject to Islamic law principles. The Financial Services Authority confirms that many conflicts involve Islamic banks and their customers. The problem of the legal and economic context of Islamic banking is more complex, considering the operational concept of Islamic banks is different from conventional banking. Islamic banking must operate based on sharia, including in dispute resolution issues. Spiritual rights are one of the interests of Islamic banking customers that require attention. This study investigates the protection of spiritual rights in the sharia banking dispute settlement based on the perspective of Indonesian sharia banking law. This study employed normative qualitative research methods on primary data, such as the sharia banking law, the consumer protection act, and the dispute resolution act. It found that Indonesia has laws to address sharia banking disputes based on Islamic principles. However, they have not been appropriately implemented. The authority of religious courts to settle disputes on sharia banking has not been effective in protecting spiritual rights because there are still processes of settlement on sharia banking through the general courts. It indicates that stakeholders’ understanding of spiritual rights is still limited.","PeriodicalId":404335,"journal":{"name":"PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)","volume":"224 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":"133935098","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

Assessing The Assurance Of Legal Certainty and Equity Of The Indonesian Law Of Money Laundering 论印尼反洗钱法的法律确定性与公平保障

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 1900-01-01 DOI: 10.22304/pjih.v9n1.a1

Seno Wibowo Gumbira, Umi Khaerah Pati, Kukuh Tejomurti, Ratna Nurhayati

{"title":"Assessing The Assurance Of Legal Certainty and Equity Of The Indonesian Law Of Money Laundering","authors":"Seno Wibowo Gumbira, Umi Khaerah Pati, Kukuh Tejomurti, Ratna Nurhayati","doi":"10.22304/pjih.v9n1.a1","DOIUrl":"https://doi.org/10.22304/pjih.v9n1.a1","url":null,"abstract":"Law of Money Laundering has a fundamental point to eradicate transnational predicate and serious crimes. Each state has different arrangements to address predicate crime. Indonesia considers predicate crime in the category of ordinary crime consisting of fraud and embezzlement. However, ordinary or conventional crimes may only be subject to the Law under limited circumstances. Article 69 of the Law of Money Laundering remains debatable among criminal law experts due to the relation with Articles 77 and 78 of the Law. The last two articles prescribe that burden of proof on the case of predicate crimes is on defendant, not public prosecutor. Defendant must prove assets that are suspected as result of crime, not acquired from the crime, or related to crime. Currently, there is no elucidation to the articles. This study analyzed two legal issues. Firstly, does the formulation of Article 2, paragraph 1, and Article 69 of the Law of Anti-Money Laundering guarantee legal certainty and fulfil a sense of justice? Secondly, does the Article 2 paragraph 1 letter z of the Law cause ordinary criminal acts to be entangled with the Law on Money Laundering?","PeriodicalId":404335,"journal":{"name":"PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)","volume":"79 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":"114457310","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

Covid-19 Induced Virtual Courts Sessions in Nigeria: Practicalities and Impracticalities 2019冠状病毒病引发的尼日利亚虚拟法庭:实用性和不实用性

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 1900-01-01 DOI: 10.22304/pjih.v9n2.a7

Ademola Sunday-Ayeerun, Eti Best Herbert, Ngozi Chinwa Ole

{"title":"Covid-19 Induced Virtual Courts Sessions in Nigeria: Practicalities and Impracticalities","authors":"Ademola Sunday-Ayeerun, Eti Best Herbert, Ngozi Chinwa Ole","doi":"10.22304/pjih.v9n2.a7","DOIUrl":"https://doi.org/10.22304/pjih.v9n2.a7","url":null,"abstract":"The Presidential Declaration of Corona Virus Disease 19 as a ‘dangerous contagious disease’ occasioned the emergence of several regulations imposing restrictions on movements and social distancing measures. The Chief Justice of Nigeria and other heads of court also approved the Guidelines and Practice Directions containing modalities for virtual court sessions. This paper aims to examine the legal implications of virtual court session. The traditional requirement that court sessions should be held in places open to the public signifies a constitutional disapproval of virtual court sessions. It is contended that Practice Directions and Guidelines are weak mechanisms for entrenching virtual court sessions in Nigeria since they are within the lowest rung of the hierarchy of laws. Hence, the reform needs to be holistic. It should entail amendment of certain provisions of the constitution, laws, and rules of courts to enable a virtual innovation without legal hiccups. In alternative to constitutional amendment which usually takes long, this work, in addition to predicting the decision of the apex court on six grounds, suggests the immediate need for a judicial intervention in interpreting the constitutionality of virtual court session. This is to put to rest the fear harboured by some individuals that the serious judicial efforts put in by judges and counsel via virtual court sessions would end up becoming a nullity on appeal to the apex court.","PeriodicalId":404335,"journal":{"name":"PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)","volume":"5 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":"125129712","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

The Urgency of Open Application Programming Interface Standardization in the Implementation of Open Banking to Customer Data Protection for the Advancement of Indonesian Banking 开放银行实施中开放应用程序编程接口标准化对客户数据保护的紧迫性，促进印尼银行业的发展

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 1900-01-01 DOI: 10.22304/pjih.v9n1.a4

Billiam Billiam, Lastuti Abubakar, Tri Handayani

{"title":"The Urgency of Open Application Programming Interface Standardization in the Implementation of Open Banking to Customer Data Protection for the Advancement of Indonesian Banking","authors":"Billiam Billiam, Lastuti Abubakar, Tri Handayani","doi":"10.22304/pjih.v9n1.a4","DOIUrl":"https://doi.org/10.22304/pjih.v9n1.a4","url":null,"abstract":"Open banking with Application Programming Interface technology (open API) is an initiative that aims to streamline the payment system in Indonesia. Open API allows banks to integrate their systems with fintech and e-commerce by disclosing customer transaction data. This study aims to reveal the urgency of open API standardization in the Indonesian implementation of open banking. The study employed a normative juridical approach to secondary data. The data includes primary, secondary, and tertiary legal materials. It also used a qualitative normative data analysis method. It concludes that before the establishment of the National Standard for Open API Payment (SNAP), the process of sharing data among banks and fintech and/or e-commerce was unstandardized. It was only based on agreement among parties. Indonesian banks have different-various standards of the open API that could affect customer data protection. According to the Regulation of the Financial Service Authority Number 12/POJK.03/2018, the relationship between banks and fintech and/or e-commerce in the administration of digital banking services that is based solely on agreements among parties is not strong enough. OJK indeed presents as a supervisory agency. However, the parties will eventually return to an agreement among themselves. In contrast to the Regulation of the Financial Service Authority, the Regulation of Members of the Board of Governors, which is the legal basis for SNAP, provides standards that both service providers and service users must comply with. However, the implementation of SNAP-based open APIs still needs the readiness of personal data protection regulations.","PeriodicalId":404335,"journal":{"name":"PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)","volume":"38 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":"129881424","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 RENEWAL POLICY OF THE ADULTERY CONCEPT IN ARTICLE 411 OF THE LAW NUMBER 1 OF 2023 ON THE INDONESIAN CRIMINAL CODE 印度尼西亚《刑法典》2023年第1号法律第411条中通奸概念的更新政策

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 1900-01-01 DOI: 10.22304/pjih.v10n1.a1

Mas Putra Zenno Januarsyah, Dwi Priyatno, Somawijaya Somawijaya, Widiada Gunakaya

{"title":"THE RENEWAL POLICY OF THE ADULTERY CONCEPT IN ARTICLE 411 OF THE LAW NUMBER 1 OF 2023 ON THE INDONESIAN CRIMINAL CODE","authors":"Mas Putra Zenno Januarsyah, Dwi Priyatno, Somawijaya Somawijaya, Widiada Gunakaya","doi":"10.22304/pjih.v10n1.a1","DOIUrl":"https://doi.org/10.22304/pjih.v10n1.a1","url":null,"abstract":"At present, Indonesia needs to update the Indonesian Criminal Code to replace the Dutch Colonial Criminal Code that still exists. The jurists, especially criminal law experts, have been involved in a lengthy debate on overhauling, reformulating, revising, and even reforming the Criminal Code to align with Indonesian values. This study aims to determine the foundation of the policy to expand the concept of adultery and the values protected by the expansion contained in Article 411 of Law Number 1 of 2023 on the Criminal Code. This study was a descriptive study that used a normative juridical approach. The data collection techniques employed secondary data with a study of documents. The data were analyzed with qualitative methods. The result shows that the foundation of the expansion policy is the perspective of criminal policy. The formulation of the adultery offense in Article 284 of the Criminal Code is a problematic policy because it is not in accordance with the values of the Indonesian people. The formulation of the article only convicts the offenders who are committed in marriage. The provision does not require punishment to unmarried convicts. The arrangements for adultery offenses that are still in effect today are not based on a view of life. They do not reflect the social structure of the Indonesian people with the characteristics of kinship, groups, and beliefs. On the other hand, Article 411 of Law Number 1 of 2023 on the Criminal Code expands the concept of adultery to protect the religious and moral values closely related to Pancasila.","PeriodicalId":404335,"journal":{"name":"PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)","volume":"14 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":"128449599","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