Jurnal Media Hukum最新文献_第3页

Earth Observation Applications and the Right to Privacy: Within and Beyond the COVID-19 Pandemic 地球观测应用与隐私权:在COVID-19大流行期间和之后

Jurnal Media Hukum Pub Date : 2022-10-26 DOI: 10.18196/jmh.v29i2.14435

Yuran Shi

引用次数: 0

A Libertarian Legitimacy for Mandatory Covid-19 Vaccination 强制接种新冠肺炎疫苗的自由主义合法性

Jurnal Media Hukum Pub Date : 2022-10-14 DOI: 10.18196/jmh.v29i2.14313

Yudi Setiawan, Zaid Zaid, Nanik Prasetyoningsih, Mahbub Pasca Al Bahy

{"title":"A Libertarian Legitimacy for Mandatory Covid-19 Vaccination","authors":"Yudi Setiawan, Zaid Zaid, Nanik Prasetyoningsih, Mahbub Pasca Al Bahy","doi":"10.18196/jmh.v29i2.14313","DOIUrl":"https://doi.org/10.18196/jmh.v29i2.14313","url":null,"abstract":"Since its inception, the 2019 coronavirus disease (Covid-19) outbreak has become a major health problem. At the same time, countries worldwide have been waiting for a Covid-19 vaccine to be sufficiently available. When the Covid-19 vaccine became available, several countries began to adopt mandatory Covid-19 vaccination policies. However, mandatory Covid-19 vaccination has received strong opposition from the start. Rejections have emerged from various parties, including from libertarians. The researcher observes that the current research attempting to analyze the mandatory Covid-19 vaccination still revolves around the perspective of human rights and utilitarianism. Then, this study aims to explore and find out how the libertarian perspective toward mandatory vaccination. Normative research methods with conceptual and comparative approaches were used in this study. After analyzing secondary data sources with prescriptive analysis methods, this study finally succeeded in finding that mandatory Covid-19 vaccination has its place, legitimacy, and justification on the ideological side of libertarianism. It is because libertarians accept that the government may require a mandatory vaccination program against Covid-19. In addition, due to the libertarian framework, the government is still justified in enforcing coercive policies that violate the rights of certain individuals if the policy is necessary to avoid greater harm to others.","PeriodicalId":53118,"journal":{"name":"Jurnal Media Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49538427","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

Disaster Mitigation in Coastal Areas: Perspective of the Indonesian Spatial Planning Law 沿海地区的减灾:印尼空间规划法的视角

Jurnal Media Hukum Pub Date : 2022-09-12 DOI: 10.18196/jmh.v29i1.14685

D. Widowati

引用次数: 1

Legal Issues Concerning Food Poisoning in Nigeria: The need for Judicial and Statutory Response 尼日利亚食物中毒的法律问题：司法和法律回应的必要性

Jurnal Media Hukum Pub Date : 2022-08-31 DOI: 10.18196/jmh.v29i1.12595

P. Aidonojie, Esther Chetachukwu Francis

{"title":"Legal Issues Concerning Food Poisoning in Nigeria: The need for Judicial and Statutory Response","authors":"P. Aidonojie, Esther Chetachukwu Francis","doi":"10.18196/jmh.v29i1.12595","DOIUrl":"https://doi.org/10.18196/jmh.v29i1.12595","url":null,"abstract":"Food is essential to man's existence, giving the popular saying that a healthy feeding often determines a healthy living of an individual. However, it has been observed that given the high rate of food insecurity in Nigeria, it has resulted to a high influx of numerous food producers producing substandard products or food that could cause food poisoning. Given this, the study made use of a doctrinal and non-doctrinal method of research method in examining the causes and dangers of food poisoning in Nigeria, how effective statutory laws are, and judicial attitude towards cases of food poisoning. The study adopted an online survey questionnaire distributed to 347 respondents (randomly selected) living in various states in Nigeria. Analytical and descriptive statistics were used to analyze data generated from the online questionnaire. The study, therefore, found that most Nigerians have suffered from food poisoning arising from poor processing, storage, and preservation of harmful substances. It was therefore concluded and recommended that, there is a need for statutory response and judicial activism in curtailing the sale of food that could cause food poisoning. Furthermore, food inspector agencies should often conduct routine inspections of public and private food processing factories or vendors","PeriodicalId":53118,"journal":{"name":"Jurnal Media Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49528659","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: 3

Corruption During Non-Natural Disaster: Is Death Penalty Necessary? 非自然灾害期间的腐败：死刑有必要吗？

Jurnal Media Hukum Pub Date : 2022-06-30 DOI: 10.18196/jmh.v29i1.14247

Faisal Abdaud, Ming-Hsi Sung, Wahyudi Umar

{"title":"Corruption During Non-Natural Disaster: Is Death Penalty Necessary?","authors":"Faisal Abdaud, Ming-Hsi Sung, Wahyudi Umar","doi":"10.18196/jmh.v29i1.14247","DOIUrl":"https://doi.org/10.18196/jmh.v29i1.14247","url":null,"abstract":"Extraordinary measures are needed to combat corruption in Indonesia which has been characterised as an extraordinary crime. This includes the application of death penalty as governed in Section 2 point (2) of the Corruption Eradication Act 1999. This paper intends to analyse the implementation of the aforementioned article on corruption case that occurs during the COVID-19 outbreak. This normative legal research relies on secondary date which are collected from various sources including books, journals, related legislation. The result of the research shows that, in regard to corruption case, the death penalty is only applicable when the corruption is committed in certain circumstances as intended in Section 2 point (2) of the Corruption Eradication Act 1999 and its amendment. These include the event of state emergency and national natural disaster. By virtue of the principle of legality, death penalty cannot be applied to the corruption cases that occurs during the national non-natural disaster like the Covid-19 pandemic. Reinterpretation of the phrase \"certain circumstances\" is needed for the sake of promoting justice. They should include national non-natural disasters like the Covid-19 pandemic.","PeriodicalId":53118,"journal":{"name":"Jurnal Media Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43364274","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

Equity Interest Scheme in Polymetallic Nodules Deep Seabed Mining: The Positives and Negatives 多金属结核深海底采矿的股权方案：积极因素和消极因素

Jurnal Media Hukum Pub Date : 2022-06-30 DOI: 10.18196/jmh.v29i1.13770

A. Merdekawati, I. M. Arsana

{"title":"Equity Interest Scheme in Polymetallic Nodules Deep Seabed Mining: The Positives and Negatives","authors":"A. Merdekawati, I. M. Arsana","doi":"10.18196/jmh.v29i1.13770","DOIUrl":"https://doi.org/10.18196/jmh.v29i1.13770","url":null,"abstract":"UNCLOS 1982 initially obliged all applicants to submit a reserved area when applying for exploration activities in the Area. Such provisions were derogated when the equity interest scheme was introduced in the exploration regulations for polymetallic sulphides and cobalt-rich ferromanganese crust. The applicant may choose to submit a reserved area or offer an equity interest in a joint venture with the Enterprise. There has been a push to implement the same policy for polymetallic nodule (PMN) explorations. Although this prospect has sparked much support and rejections, there have been no scholarly articles substantiating such alignment's positive and negative impacts. Applying the scheme for all three types of minerals may significantly impact the implementation of the common heritage of mankind principle in the Area. This article normatively assesses the prospect of incorporating the equity interest scheme into the PMN utilization regime to identify its advantages and disadvantages compared to the reserved area scheme. The study found that incorporating the equity interest scheme for PMN would be oriented to optimize the financial benefits. However, it would further compromise the access for developing countries.","PeriodicalId":53118,"journal":{"name":"Jurnal Media Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49532433","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

Assessing Indonesia’s Environmental Laws Pertaining to the Abatement of Marine Plastic Pollution: A Euphemism? 评估印度尼西亚关于减少海洋塑料污染的环境法：委婉语？

Jurnal Media Hukum Pub Date : 2022-06-30 DOI: 10.18196/jmh.v29i1.13414

David Tan

{"title":"Assessing Indonesia’s Environmental Laws Pertaining to the Abatement of Marine Plastic Pollution: A Euphemism?","authors":"David Tan","doi":"10.18196/jmh.v29i1.13414","DOIUrl":"https://doi.org/10.18196/jmh.v29i1.13414","url":null,"abstract":"The predominance of irresponsible and unsustainable plastic usage in Indonesia poses an urgent and alarming danger to the ecosystem. This paper discussed the legislative and regulatory mechanism in place in Indonesia to manage marine plastic pollution, the limitations and obstacles it faces, and the possibility of remedies being implemented to resolve Indonesia's marine plastic pollution predicament. The ecological approach, sustainable development goals, human right to a healthy environment, and sociopolitical context will all be used to advise this research. The findings demonstrate both top-down and bottom-up initiatives to marine plastic pollution law and regulations are ineffectual. If not adequately regulated, the government, political, and economic structural proclivities would most likely favor economic expansion at the expense of appropriate protection of the environment. Indonesia has to consider not just more comprehensive law and regulation to handle the complex concerns of marine plastic pollution, but it also sought to acknowledge other drivers that hamper the success of efforts to conserve the marine ecosystem. As a result, it is suggested that Indonesia initially focus on short-term measures prior to progressing on to long-term remedies, with effective cohesion across all approaches and collaboration with all involved parties.","PeriodicalId":53118,"journal":{"name":"Jurnal Media Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45677882","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 Urgency of Leniency Program Against Cartels in Indonesia: Lesson Learned from Singapore Competition Law 印尼对卡特尔从宽处理的紧迫性:新加坡竞争法的经验教训

Jurnal Media Hukum Pub Date : 2022-01-07 DOI: 10.18196/jmh.v28i2.11650

Reni Budi Setianingrum, M. Hawin

{"title":"The Urgency of Leniency Program Against Cartels in Indonesia: Lesson Learned from Singapore Competition Law","authors":"Reni Budi Setianingrum, M. Hawin","doi":"10.18196/jmh.v28i2.11650","DOIUrl":"https://doi.org/10.18196/jmh.v28i2.11650","url":null,"abstract":"Globalization is characterized by a process where the economy becomes more tightly integrated and manifested in the form of free trade. Free trade forced by economic globalization has brought adverse effects. Some of the harmful effects of free trade include the rise of international cartels, for instance, those involved in price-fixing, bid-rigging, output limitation, and market sharing. This normative legal research aims to examine the application of leniency programs in the enforcement of Competition Law in Singapore and how Indonesia can learn from Singapore. The research indicates that one particular method is commonly used in several countries in the context of law enforcement against cartels, which is known as the leniency program or the Whistleblower. Singapore, as one of the neighboring countries of Indonesia, also applies for the leniency program. As a result, Singapore has successfully resolved many international cartel issues. Consequently, the leniency program gives benefits for providing evidence for related cases. In conclusion, Indonesia should learn from Singapore's experience in implementing the leniency program to prevent the negative effect of free trade, including the proliferating international cartels.","PeriodicalId":53118,"journal":{"name":"Jurnal Media Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44576354","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

Policing in India: Need of Effective Preventive Actions to Tackle Crime and Criminality 印度警务：需要采取有效的预防行动来打击犯罪和犯罪

Jurnal Media Hukum Pub Date : 2021-12-31 DOI: 10.18196/jmh.v28i2.12624

P. Singh

{"title":"Policing in India: Need of Effective Preventive Actions to Tackle Crime and Criminality","authors":"P. Singh","doi":"10.18196/jmh.v28i2.12624","DOIUrl":"https://doi.org/10.18196/jmh.v28i2.12624","url":null,"abstract":"When the criminal justice system is seen on the face, it may appear that actions are initiated only after the commission of a crime. Accordingly, criminal law can prescribe punishments for already committed criminal acts. However, a detailed and proper analysis of criminal justice clarifies that its main objective is the prevention of crime and criminality. Prevention of crime is taking action at the incipient stage means before the commission of a crime. The criminal justice system always provides crucial spaces for preventive actions. Proper and efficient police actions ensure effective tackling of crime and criminality, particularly police actions at the incipient stage. In India, in the 21st-century, crime and criminality are creating a serious challenge where the nature of crime is becoming more serious, and the crime rate is increasing. In such a situation, analysis of the Indian criminal law is vital to find out whether it sufficiently empowers Indian police for preventive actions to tackle crime and criminality. Analysis of Indian Criminal Law shows that provisions for directing and enabling policing are already provided. Despite that, training is necessary for the police officers to use the modern know-how for resorting to preventive actions. ","PeriodicalId":53118,"journal":{"name":"Jurnal Media Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42724992","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

Politico-Legal Review of the Revised-Bill of the Corruption Eradication Commission and Omnibus Law 清廉委员会及综合法修改案之政法检讨

Jurnal Media Hukum Pub Date : 2021-12-31 DOI: 10.18196/jmh.v28i2.11403

J. Muslimin, Novita Akria Putri

{"title":"Politico-Legal Review of the Revised-Bill of the Corruption Eradication Commission and Omnibus Law","authors":"J. Muslimin, Novita Akria Putri","doi":"10.18196/jmh.v28i2.11403","DOIUrl":"https://doi.org/10.18196/jmh.v28i2.11403","url":null,"abstract":"The paper aims to prove that political compromise may create legal antagonisms, paradoxes and strengthen the influence of elite-oligarchy. The paper is based on the theory that the concept of consensus in the context of the political system is closely related to the Indonesian cultural democracy. However, in the implementation, there is an underlying principle of checks and balances as a systemic guarantee, so that democracy is not merely a tool of ‘killing ground of freedom’ to manipulate the essence of democracy itself, in particular, by the dominant forces of the elite and the oligarchy. Through the socio-historical method (empirical approach), this paper examined the emergence of the phenomenon of antagonism and paradox of regulatory formulation, such as the revision of the Bill for Eradicating Corruption which weakens anti-corruption institutions, Corruption Eradication Commission, to the creation of Omnibus Law, which is considered to make labors structurally marginalized. The investigation discovered that those legal products are distorted and should be originally created to achieve the benefit and interest of society at large. In contrast, they are falsified and manipulated under the banner of ‘consensus’ democracy steered by the limited elite-oligarchy of the Political Parties.","PeriodicalId":53118,"journal":{"name":"Jurnal Media Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42259916","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