Cepalo最新文献

{"title":"RESOLVING THE PROBLEMATIC ARRANGEMENT OF THE TRIUMVIRATE AS INTERIM PRESIDENT IN INDONESIA: INSIGHTS FROM GABON AND AUSTRIA","authors":"Rafi Auliyaa Rizqan, Yusdiyanto Yusdiyanto, Zulkarnain Ridlwan","doi":"10.25041/cepalo.v8no1.3495","DOIUrl":"https://doi.org/10.25041/cepalo.v8no1.3495","url":null,"abstract":"This article presents the challenges associated with the triumvirate concept as an interim presidential arrangement in Indonesia and alternative statutory regulations. This normative legal research was performed to determine whether Indonesia's current triumvirate arrangement adequately addresses extraordinary events such as a vacuum of power. The statute approach and the comparative approach were employed in this research. The results showed that Indonesia's triumvirate arrangements are insufficient and comparatively simplistic when contrasted with other countries employing similar concepts. To strengthen Indonesia's framework, it is crucial to examine the regulatory frameworks of comparable nations, with a particular focus on insights from Gabon and Austria.","PeriodicalId":52705,"journal":{"name":"Cepalo","volume":" 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141678472","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":"APPLICATION OF FAST-TRACK LEGISLATION METHOD IN PRESIDENTIAL SYSTEM OF GOVERNMENT IN INDONESIA","authors":"Wand Mei Herry Susilowati","doi":"10.25041/cepalo.v8no1.3346","DOIUrl":"https://doi.org/10.25041/cepalo.v8no1.3346","url":null,"abstract":"The amendment of the 1945 Constitution is strengthening the Indonesian presidential system of government by granting the President the authority to issue Government Regulations in Lieu of Laws (Perppu) in response to urgent situations. Additionally, the President and DPR (House of Representatives) jointly discussed and ratified draft laws, providing the President legislative authority in normal, abnormal, or urgent circumstances. When a president with majority parliamentary support holds legislative power, it suggests that parliament has delegated the legislative power to the executive. The current phenomenon shows numerous Perppu issued that may deviate from the provisions of Article 22 paragraph (1) of the 1945 Constitution and Constitutional Court Decision No.138/PUU-VII/2009 giving juridical interpretation to “compelling urgency”. Simultaneously, there is a rise in flash legislation that seems “rushed” in the formation aiming to meet legislative targets. For instance, the Job Creation Bill in Indonesia took 167 days to be enacted despite consolidating 79 laws into a single policy. In Indonesia's presidential system of government, the DPR holds the power to form laws as observed in Article 20 of the 1945 Constitution. This suggests that the fast-track legislation method should strengthen the presidential system, especially in legislation. However, numerous Perppu continue to be issued representing executive authority in legislation. The fast-track method lacks regulation in Indonesian positive law due to the following questions arising, (1) What is the relationship between the fast-track legislation method and Indonesia's presidential system? and (2) How should the fast-track legislation method be ideally applied in law formation according to the 1945 Constitution amendments? Therefore, this research aimed to offer a concept for applying the fast-track legislation method in Indonesia’s presidential system of government according to the 1945 Constitution. A qualitative method was adopted in the research using statutory, conceptual, comparative, and case methodologies. The statutory method included reviewing and identifying laws as well as regulations related to the problem’s formulation. The conceptual method deviated from the doctrine or views in law, particularly constitutional law relating to the formation of laws and regulations using the fast-track legislation method in Indonesia’s presidential system of government. The results found that applying the fast-track legislation method in the Indonesian presidential system to hasten the formation of laws could balance the legislative authority of the President in issuing Perppu, thereby reducing the issuance. Additionally, the fast-track legislation method would further strengthen and purify the presidential system with checks and balances between the executive and legislative institutions. In this method, the procedures would remain consistent with normal law formation provisions, ensuring pub","PeriodicalId":52705,"journal":{"name":"Cepalo","volume":"55 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141349600","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":"POLICY AND LINGUISTIC CONSIDERATIONS IN THE PROPOSED RENAMING OF WEST JAVA PROVINCE TO TATAR SUNDA","authors":"Sarip Sarip, Diana Fitriana, Aidul Fitriciada Azhari, Absori Absori, Elya Kusuma Dewi, H. Adiantika, Nurkhaeriyah Nurkhaeriyah","doi":"10.25041/cepalo.v8no1.3464","DOIUrl":"https://doi.org/10.25041/cepalo.v8no1.3464","url":null,"abstract":"This legal study investigates the implications of the proposed renaming of West Java Province to Tatar Sunda Province, employing the approach of intuitive semantic dualism to address issues of language, territory, ethnicity, and national identity. The research draws on data from academic journals, books, media reports, and interviews, comparing secondary data with field opinions on the languages and bordering regions of the Sundanese dialect. The findings reveal that, although the Sundanese linguistic system was expected to play a crucial role in the renaming process and promote territorial unity, it falls short due to the inclusion of regions such as Banten, pre-independence Batavia, and bilingual border areas in the east and north. This geographic and linguistic complexity means that the name \"Tatar Sunda\" does not accurately reflect the distinct linguistic, cultural, and territorial identities of the Sundanese people as described by J. van Baal. Legally, while there are no barriers to the renaming policy, the proposed name fails to adequately represent the region's diverse identities. Consequently, the study recommends further exploration of more representative alternatives that align with the existing legal framework, ensuring that the name change is not only legally valid but also appropriately reflects the region's identity.","PeriodicalId":52705,"journal":{"name":"Cepalo","volume":"118 23","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141360883","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":"HARMONIZING INTERNATIONAL AND NATIONAL LEGAL SYSTEMS THROUGH THE PRINCIPLES OF SUSTAINABLE DEVELOPMENT IN THE MODERN STATE","authors":"Siti Sumartini, Tri Setiady","doi":"10.25041/cepalo.v8no1.3248","DOIUrl":"https://doi.org/10.25041/cepalo.v8no1.3248","url":null,"abstract":"Sustainable development is a critical concept used to enhance global welfare. In this context, peremptory norms recognized within international law are integrated as general, universal, essential, and fundamental principles for societal benefit. Therefore, this research aimed to investigate the role of sustainable development within international law and examine the contribution of norms to the formation of a modern legal state. The legal status of norms and capacity to embody universal values are clarified using descriptive analysis with a normative juridical approach and qualitative data. The results show that sustainable development has been developed as an indispensable paradigm, widely confirmed across legal frameworks. In addition, the integration as a universal norm within international law reflects the potential to influence legal systems globally. This depends on the balance of established sources such as treaties and customary practices. Moreover, this research contributes to legal scholarship by stating the role of international norms in advancing sustainable development.","PeriodicalId":52705,"journal":{"name":"Cepalo","volume":"2 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141266211","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":"PROGRESSIVE STEPS FOR PREVENTING AND HANDLING MONEY POLITICS IN INDONESIAN ELECTIONS: AN EFFORT TO REDUCE DEVIANT BEHAVIOR IN DEMOCRATIC ELECTIONS","authors":"Darmadi Djufri","doi":"10.25041/cepalo.v7no2.3215","DOIUrl":"https://doi.org/10.25041/cepalo.v7no2.3215","url":null,"abstract":"The practice of money politics in election process is primarily observed during campaign activities and distribution of donations, specifically cash contributions. This occurrence can be attributed to several factors, namely tradition, desire for recognition, conducive environment, the ability to influence laws, wavering ethical values, impoverished communities, limited public awareness, and culture. Furthermore, money politics is primarily conducted in two stages, namely pre-voting and post-voting. The pre-voting phase comprises administrative selection, the campaign period, quiet period, and the lead-up to the actual election. The targets are primarily voters susceptible to influence, while the post-election phase occurs after the election, specifically during the General Session of the DPR/DPRD and when making decisions about the APBN/APBD. The targets are mainly political elites who hold the sovereignty of the people and possess the authority to make strategic decisions. Considering the existence of legal loopholes that can be exploited by various parties for fraudulent purposes, specifically money politics, it is imperative to enhance the clarity of existing legal provisions. In addition, perpetrators often exploit these loopholes, necessitating more robust legal measures.","PeriodicalId":52705,"journal":{"name":"Cepalo","volume":"42 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139202493","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":"ENVIRONMENTAL AND SOCIAL INJUSTICE: IMPACT AND SUSTAINABILITY OF SMALL SCALE TIN MINING UNDER INDONESIA’S NEW MINERAL AND COAL REGULATION","authors":"Derita Prapti Rahayu, Faisal Faisal, Darwance Darwance, Komang Jaka Ferdian","doi":"10.25041/cepalo.v7no2.3137","DOIUrl":"https://doi.org/10.25041/cepalo.v7no2.3137","url":null,"abstract":"The transformation of mining law policy in Law No. 3 of 2020 concerning Minerals and Coal has broad implications for mining law, including illegal tin mining. The high dependence of the tin extractive economy in Bangka Belitung has changed the landscape of this archipelago province as an area with a high level of natural damage and social disasters. The ability of governments through regulatory instruments to tackle illegal mining is an important ideal goal. This research was conducted using socio-legal methods, to produce a comprehensive analysis related to the environmental and social impacts of illegal tin mining after the renewal of the mineral and coal law. This study found that the transition of mining authority from the central government to the regional government directly has an impact on the proliferation of illegal mining activities. Substantive changes in the mineral and coal law have not provided a strategic solution because the tug-of-war over authority ends with the continued delegation of authority to grant community mining permits to local governments. Meanwhile, the unpreparedness of local governments has resulted in the continued marginalization of mining communities and has an impact on widespread environmental damage. The lack of fair decision-making processes for people mining licences is indicative of an immature tin mining management in Bangka Belitung. The purpose of this study is to provide a comprehensive overview of the implications of the latest mineral and coal policies on illegal tin mining activities, as a reference and consideration in strategic policy making to create an ideal and sustainable tin mining ecosystem.","PeriodicalId":52705,"journal":{"name":"Cepalo","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136060748","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":"IMPLEMENTATION OF THE PRINCIPLE OF LEGAL CERTAINTY AND THEORY OF ECONOMIC ANALYSIS OF LAW IN THE IMPLEMENTATION OF POPULATION ADMINISTRATION SERVICES ONLINE IN THE CITY OF BANDAR LAMPUNG IN THE CONTEXT OF IMPLEMENTING AN ELECTRONIC-BASED GOVERNMENT SYSTEM (SPBE)","authors":"Sondika Ragani, Adrian E. Rompis, M. Amirullah","doi":"10.25041/cepalo.v7no2.2975","DOIUrl":"https://doi.org/10.25041/cepalo.v7no2.2975","url":null,"abstract":"Establishing a regulation regarding information and electronic transactions (ITE), which aims to develop Information Technology, can be carried out optimally, evenly, and spread to all levels of society to educate the nation's life. Establishing an Electronic-Based Government System (SPBE) aims to realize clean, effective, transparent, accountable governance, quality, and reliable public services. The Lampung Provincial Government has made a policy regarding implementing Population Administration. Still on the other hand, the Lampung Provincial Government still needs to provide facilities and infrastructure to improve the quality of population administration services online, both at the provincial and Bandar Lampung City levels. This contradicts the principles, goals, and ideals of the ITE Law and the SPBE. This study uses the Normative Empirical method. The results of this study indicate that the principle of legal certainty in the online Population and Civil Registration Administration Services in Bandar Lampung City has not been implemented as evidenced by the absence of a regulation regarding facilities and infrastructure to support population administration services and civil registration via online and the services provided have not provided satisfaction towards the people of Bandar Lampung City.","PeriodicalId":52705,"journal":{"name":"Cepalo","volume":"49 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91274254","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":"TENDER OFFER PRACTICES AND IMPLEMENTATION OF THE COMPULSORY TENDER OFFER OF PT. MULIA BOGA RAYA TBK BY PT. GARUDAFOOD PUTRA PUTRI JAYA TBK","authors":"Jatie Erlangga","doi":"10.25041/cepalo.v7no2.3033","DOIUrl":"https://doi.org/10.25041/cepalo.v7no2.3033","url":null,"abstract":"The issue of tender offers has surfaced, among others, because there have been several cases of takeovers of public companies by other parties, causing losses to other shareholders, especially public shareholders. The main issues to be discussed, namely how the regulation of Tender Offers in Indonesia, what are the legal consequences of Tender Offers. This research aims to find out the regulation of Tender Offer in Indonesia and the impact of Take Over on Public Companies that are taken over. The form of research in writing this journal is a normative legal research jurisdiction using a statutory approach. The results in this research. The regulations regarding takeovers and tender offers are contained in Law Number 8 of 1995 concerning the Capital Market and Government Regulation number 27 of 1998. the result of this study is that in 2011 the Government passed Law Number 21 of 2011 concerning the Financial Services Authority which resulted in the transfer of power regarding macroeconomic regulation from Bank Indonesia to OJK which includes the Take Over and Tender Offer process. In 2020 PT Garudafood Putra Putri Jaya, Tbk. Did a Takeover (Take Over) to PT Mulia Boga Raya, Tbk.","PeriodicalId":52705,"journal":{"name":"Cepalo","volume":"5 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88517371","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":"DISPUTE ON LAND STATUS IN THE TRANSMIGRATION VILLAGE AREA IN AND AROUND THE FOREST AREA IN PURWOTANI VILLAGE LAMPUNG SELATAN","authors":"Pradipta Wijonugroho, M. Akib, H. Tisnanta, F. Sumarja","doi":"10.25041/cepalo.v7no2.3022","DOIUrl":"https://doi.org/10.25041/cepalo.v7no2.3022","url":null,"abstract":"One of the objectives of transmigration is to move people from one area to another in the context of population distribution and development. Transmigration participants will be given residential land and business land. The promised land for business often needs to be clarified or still has the status of forest land. Transmigrants are still facing the problem of obtaining business land so horizontal and vertical land disputes are often found in the province of Lampung. This study aims: first, to analyze government policies in resolving land status disputes in transmigration villages in Lampung Province. The type of research used is normative empirical with a statutory approach. Legal materials required by legislation, documents, and library materials. The data obtained were analyzed using qualitative methods. The results of the study show that the Government's Policy in Settlement of Transmigration Village Land Status Disputes in Lampung Province, especially in the Purwotani village area which is included in Register 40 Gedongwani is carried out through a community empowerment program in the form of a social forestry program which is in line with Presidential Regulation 88 of 2017 concerning the Settlement of Land Tenure in Forest Areas. The legal implication is that transmigrants do not get land ownership rights as business land but only use forest land (social forestry). It is recommended to the government considering that transmigrants control land business first then the determination of the Gedongwani Register 40 forest area, the government should release the forest area by changing the forest area boundaries and give it to transmigrants with land ownership rights, and not limited to social forestry.","PeriodicalId":52705,"journal":{"name":"Cepalo","volume":"8 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78455716","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 FUNCTION OF CRYPTOCURRENCY EVIDENCE IN THE INVESTIGATION PROCESS OF MONEY LAUNDERING CRIME IN THE FRAMEWORK OF CRIMINAL PROCEDURE LAW REFORM","authors":"Arief Budiman, Elis Rusmiati, Mien Rumin","doi":"10.25041/cepalo.v7no2.2993","DOIUrl":"https://doi.org/10.25041/cepalo.v7no2.2993","url":null,"abstract":"A cryptocurrency is a new form of Evidence whose existence has not been regulated explicitly and clearly in the Criminal Procedure Code, ITE, and the Money Laundering Law. The problem in this paper is related to the function of electronic currency evidence in the investigation process of money laundering cases. The research method used in this research is normative juridical. The writing stage is carried out through literature searches conducted by examining secondary da, which includes primary legal materials, literature, articles, opinions, experts’ teachings, and their implementation in legislation. When viewed from the Criminal Procedure Code, the Law on Money Laundering, and the Electronic Transactions Information Law, the three cannot be said to accommodate the development of current Evidence. The procedure for investigating and obtaining electronic money evidence should have been regulated in the new Draft Criminal Procedure Code so that formal criminal procedures can be carried out properly.","PeriodicalId":52705,"journal":{"name":"Cepalo","volume":"19 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82111259","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}