Rechtsidee 2024-01-25T03:52:20+00:00 Noor Fatimah Mediawati Open Journal Systems <p>&nbsp;</p> <p>&nbsp;</p> Sniffing Cybercrimes in M-Banking via WhatsApp: Comparative Legal Framework and Implications 2023-12-25T03:10:43+00:00 Tsania Aziziyah Didik Endro Purwoleksono Taufik Rachman <p>This normative legal research investigates the regulatory landscape and legal responsibilities surrounding sniffing cybercrimes in mobile banking (M-Banking) operations via the WhatsApp application. The study uniquely aligns its analysis with established laws like the Information and Electronic Transaction Law (UU ITE) and the Personal Data Protection Law (UU PDP), elucidating the nuances in sanctions stipulated by these respective legislations. It reveals that the UU ITE and its amendments carry more severe sanctions than the UU PDP. However, based on the lex specialis derogate legi generalis principle and teleological/sociological interpretations of the law's purpose, it concludes that Article 67 (1) of UU PDP governs such sniffing offenses in M-Banking via WhatsApp. The implicated legal liability includes a maximum prison sentence of five years and/or a fine up to five hundred billion rupiah. Moreover, the research underscores the accountability of banking institutions to compensate for the losses suffered by victims, encompassing the replacement of the full or partial account balance or other agreed forms of responsibility. These findings have critical implications for cybersecurity regulations, and the banking sector's duty of care towards customers in the digital era.<br><strong>Highlights:</strong></p> <ul> <li>Disparity: Penalties under UU ITE and UU PDP differ for sniffing cybercrimes.</li> <li>Governing Law: Sniffing crimes in M-Banking via WhatsApp fall under UU PDP, Article 67 (1).</li> <li>Liability: Banks are responsible for compensating victims' losses.</li> </ul> <p><strong>Keywords:</strong> Sniffing Cybercrimes, M-Banking, WhatsApp, Legal Framework, Bank Accountability.</p> 2023-07-24T00:00:00+00:00 Copyright (c) 2023 Tsania Aziziyah, Didik Endro Purwoleksono, Taufik Rachman (Author) Policy Formulation of Fraud Offenses in the New Penal Code Concept for Combating Technology-Related Crimes 2023-12-25T02:44:32+00:00 Abdul Wahid <div class="flex-1 overflow-hidden"> <div class="react-scroll-to-bottom--css-mkcrc-79elbk h-full"> <div class="react-scroll-to-bottom--css-mkcrc-1n7m0yu"> <div class="flex flex-col pb-9 text-sm"> <div class="w-full text-token-text-primary" data-testid="conversation-turn-3"> <div class="px-4 py-2 justify-center text-base md:gap-6 m-auto"> <div class="flex flex-1 text-base mx-auto gap-3 md:px-5 lg:px-1 xl:px-5 md:max-w-3xl lg:max-w-[40rem] xl:max-w-[48rem] } group final-completion"> <div class="relative flex w-full flex-col lg:w-[calc(100%-115px)] agent-turn"> <div class="flex-col gap-1 md:gap-3"> <div class="flex flex-grow flex-col max-w-full"> <div class="min-h-[20px] text-message flex flex-col items-start gap-3 whitespace-pre-wrap break-words [.text-message+&amp;]:mt-5 overflow-x-auto" data-message-author-role="assistant" data-message-id="c61aaefe-4d8e-45b3-959e-e1619466a09e"> <div class="markdown prose w-full break-words dark:prose-invert light"> <p>This study critically analyzes the formulation of criminal offenses related to fraud in the revised Penal Code (KUHP) within the context of contemporary technological advancements. Employing a normative legal research method, the investigation draws on relevant legal literature, legislation, and scholarly publications. The findings reveal inadequacies in the current legal provisions, particularly in addressing cyber fraud facilitated by information technology. The newly introduced Article 492 of the revised KUHP remains rooted in conventional fraud models, lacking the capacity to accommodate digital modus operandi and failing to encompass diverse identity theft techniques and system vulnerabilities. The absence of specific regulations pertaining to electronic transactions, computer networks, and digital systems further underscores the limitations. While the revised KUHP exhibits positive enhancements, urgent revisions are warranted to incorporate comprehensive elements, impose stricter penalties, and reinforce global cooperation in combating cybercrime. The overarching goal is to ensure that criminal provisions remain adaptive and responsive to the dynamic landscape of technology-driven offenses in the future.</p> <p><strong>Highlights:</strong></p> <ul> <li> <p>The revised Penal Code inadequately addresses digital fraud, necessitating a comprehensive update to encompass evolving technological modus operandi.</p> </li> <li> <p>Existing legal provisions lack specificity concerning electronic transactions, computer networks, and digital systems, revealing a crucial gap in addressing contemporary cyber threats.</p> </li> <li> <p>Urgent revisions are imperative to fortify criminal statutes, impose stricter penalties, and enhance international collaboration, ensuring a responsive legal framework for combating future technology-based crimes.</p> </li> </ul> <p><strong>Keywords:</strong> Technological Fraud, Penal Code Revision, Cybercrime Legislation, Legal Adaptation, Global Cooperation</p> </div> </div> </div> </div> </div> </div> </div> </div> </div> </div> </div> </div> 2023-12-07T00:00:00+00:00 Copyright (c) 2023 Abdul Wahid (Author) Challenges in Protecting Trafficking Victims' Rights in Indonesia 2024-01-25T03:10:05+00:00 Muchammad Eko Hidayat Tolib Effendi <p>This research focuses on the critical analysis of legal frameworks in Indonesia concerning the protection of witnesses and victims in human trafficking cases, scrutinizing the effectiveness and challenges from a perspective of dignified justice. Emphasizing the need for a fair judiciary system, the study delves into the implementation of existing laws and regulations related to the rights and protection of witnesses and victims in Trafficking in Persons (TPP) cases. Employing a normative legal methodology, the research extensively analyzes national and international norms and legal materials, including comparisons between national laws and international conventions such as the Palermo Protocol. Findings reveal that inadequate understanding and awareness among law enforcement about the significance of these rights, coupled with resource constraints, result in identity rights violations for witnesses and victims. Furthermore, challenges such as the perceived threats to witnesses and victims, limited human and financial resources in law enforcement agencies, legal uncertainties in TPP case handling, insufficient international cooperation in law enforcement, and the difficulty in balancing the rights of victims and defendants are identified. The study also highlights the importance of rehabilitation and reintegration policies for victims, suggesting that successful combat against human trafficking transcends judicial processes. Consequently, this research not only investigates existing laws and policies but also identifies gaps and potential improvements to ensure that witness and victim protection in combating TPP aligns with principles of dignified justice. The aim is to contribute significantly to developing a more effective, fair, and rights-sensitive judicial system in Indonesia.</p> <p><strong>Highlights:</strong></p> <ol> <li>Law Enforcement Gaps: Limited awareness and resources in protecting victims' rights.</li> <li>Legal and International Hurdles: Challenges in TPP case handling and cross-border cooperation.</li> <li>Rights Balance: Need for equilibrium between victim protection and defendant fairness.</li> </ol> <p><strong>Keywords:</strong> Human Trafficking, Witness Protection, Legal Framework, Indonesia, Rights of Victims</p> 2023-12-16T00:00:00+00:00 Copyright (c) 2023 Muchammad Eko Hidayat, Tolib Effendi (Author) Application of Capital Punishment for Narcotics Offenders in the Perspective of Responsive Law 2024-01-25T03:52:20+00:00 Muhammad Alief Yunas Pahlevi Catur Wido Haruni Said Noor Prasetyo <p>This study employs a normative legal research method, grounded in the Nonet and Selznick theory of responsive law, to examine the implementation of capital punishment for narcotics offenders in Indonesia. Evaluating the punitive measures through the lens of responsiveness to societal goals, participation of vulnerable groups, and legal institutions' balanced response, the research highlights the need for a nuanced approach. Findings indicate that the current use of capital punishment lacks effectiveness and contradicts human rights principles. The study suggests a reassessment, prioritizing rehabilitation and decriminalization for a more humane and sustainable approach to combating narcotics trafficking.</p> <p><strong>Highlights:&nbsp;<br></strong></p> <ul> <li>The study reevaluates the application of capital punishment for narcotics crimes in Indonesia through the lens of responsive legal principles.</li> <li>Findings underscore the ineffectiveness of the current punitive measures and their conflict with human rights norms.</li> <li>The research advocates for a reconsideration of the approach, emphasizing rehabilitation and decriminalization to achieve a more humane and sustainable strategy against narcotics trafficking.</li> </ul> <p><strong>Keywords:</strong> Capital Punishment, Narcotics Offenses, Responsive Law, Human Rights, Rehabilitation.</p> 2024-01-11T00:00:00+00:00 Copyright (c) 2024 Muhammad Alief Yunas Pahlevi (Author) Trademark Infringement: An Analysis of the Gudang Garam versus Gudang Baru Case and Its Global Implications 2023-07-12T12:50:46+00:00 Goesman Goesman Markoni Markoni <p>This study conducts a qualitative analysis of the trademark dispute between Gudang Garam and Gudang Baru concerning brand names and imagery on products, employing a case study method alongside normative legal and conceptual approaches. The research delves into the judges' legal considerations and the trademark rights arrangement, focusing on Gudang Garam, a renowned brand. The results establish that Gudang Baru violated the 2016 trademark registration provisions (Article 1 Paragraph (1) of Law N 20 and Article 18 Paragraph (3) of Ministerial Regulation No. 67), prompting the Intellectual Property Office to reject all applications. This case underlines the importance of respecting well-established brands and legal implications for trademark registrations, informing future practices in the field.<br><strong>Highlights:</strong></p> <ul> <li>Violation of trademark registration provisions by Gudang Baru.</li> <li>Enforcement of the trademark rights of well-known brand Gudang Garam.</li> <li>Legal implications influencing future trademark registration practices.</li> </ul> <p><strong>Keywords: </strong>Trademark Dispute, Gudang Garam, Gudang Baru, Trademark Registration, Legal Implications.</p> <p>&nbsp;</p> 2023-07-01T11:10:43+00:00 Copyright (c) 2023 Goesman Goesman, Markoni Markoni (Author) Redefining Bankruptcy Law: Incorporating the Principle of Business Continuity for Fair Debt Resolution 2023-12-25T03:10:35+00:00 Andre Kiemas Juan Matheus Ariawan Gunadi <p>This study critically examines the inadequacies of the current Indonesian Bankruptcy Law, highlighting the conflicting nature of its debtors' insolvency declaration mandate, as stated in Article 2, verse (1). The research explores the philosophical basis of incorporating the principle of business continuity into future bankruptcy regulations to ensure fair, rapid, transparent, and efficient debt resolution for both debtors and creditors. Employing a normative legal research methodology, the paper investigates the inherent values of justice, legal certainty, and interests, along with general and bankruptcy principles. The study posits that the essence of bankruptcy law is not merely to protect creditors but also to ensure the survival and continuity of debtor businesses. The findings reveal that existing bankruptcy procedures, including insolvency examinations and financial report analysis, could be refined to better safeguard debtor businesses. This paper argues that an explicit elaboration of the business continuity principle in bankruptcy legislation could promote balanced legal protection in insolvency proceedings. The implications of this research can guide legislative reforms, ensuring a more equitable and efficient debt resolution process in the Indonesian bankruptcy system.<br><strong>Highlights:</strong></p> <ul> <li>The current Indonesian Bankruptcy Law struggles with issues of fairness and efficiency in resolving debt problems.</li> <li>The principle of business continuity should be explicitly incorporated into bankruptcy legislation to ensure balanced protection for both debtors and creditors.</li> <li>Legal examination mechanisms, such as insolvency examinations and financial report analysis, could be further refined to safeguard debtor businesses more effectively.</li> </ul> <p><strong>Keywords:</strong> Indonesian Bankruptcy Law, Debt Resolution, Business Continuity, Normative Legal Research, Legal Protection.</p> 2023-08-04T01:20:04+00:00 Copyright (c) 2023 Andre Kiemas, Juan Matheus, Ariawan Guniadi (Author) Individual Corporations in Indonesia: Fostering Economic Growth and Fairness through Simplified Business Formation 2023-12-25T03:10:31+00:00 Femmy Silaswaty Faried Hanuring Ayu Ardhani Putri Dyah Ayu Sekar Arum Shaffanisa Alivia Az-Zahra <p>In the pursuit of an organized and conducive business environment, the Indonesian government has ratified the Job Creation Law, introducing a legal concept of Individual Corporations for small and medium-sized entrepreneurs (UMK). This normative study employs a conceptual approach through Economic Analysis of Law, using primary, secondary, and non-legal materials to analyze the implications and orientation of this policy. The research findings suggest that the implementation of Individual Corporations, requiring only one founder or shareholder for establishment, leads to ease in creation and expansion of micro-small businesses, potentially impacting the ease of doing business index positively. This policy also fosters a proportionately growing, fair national economic structure, and is expected to enhance employment opportunities. The introduction of Individual Corporations represents a significant change in Indonesia's corporate law, aligning with national goals to improve investment conditions.<br><strong>Highlights:</strong></p> <ul> <li>Introduction of Individual Corporations requiring only one founder simplifies business formation.</li> <li>Positive impact on the ease of doing business index and alignment with national investment goals.</li> <li>Fosterment of a proportionate, growing, and fair economic structure, enhancing employment opportunities.</li> </ul> <p><strong>Keywords:</strong> Individual Corporations, Economic Growth, Small Entrepreneurs, Business Formation</p> 2023-08-08T00:00:00+00:00 Copyright (c) 2023 Femmy Silaswaty Faried, Hanuring Ayu Ardhani Putri, Dyah Ayu Sekar Arum PP, Shaffanisa Alivia Az-Zahra (Author) Prophetic Business Orientation in Corporate Law Efforts to Incorporate Aspects of Divinity and Justice in Business Law 2023-12-25T02:44:35+00:00 Ida Ayu Sadnyini I Gede Agus Kurniawan <div class="group w-full text-token-text-primary border-b border-black/10 gizmo:border-0 dark:border-gray-900/50 gizmo:dark:border-0 bg-gray-50 gizmo:bg-transparent dark:bg-[#444654] gizmo:dark:bg-transparent" data-testid="conversation-turn-11"> <div class="p-4 gizmo:py-2 justify-center text-base md:gap-6 md:py-6 m-auto"> <div class="flex flex-1 gap-4 text-base mx-auto md:gap-6 gizmo:gap-3 gizmo:md:px-5 gizmo:lg:px-1 gizmo:xl:px-5 md:max-w-2xl lg:max-w-[38rem] gizmo:md:max-w-3xl gizmo:lg:max-w-[40rem] gizmo:xl:max-w-[48rem] xl:max-w-3xl }"> <div class="relative flex w-[calc(100%-50px)] flex-col gizmo:w-full lg:w-[calc(100%-115px)] agent-turn"> <div class="flex-col gap-1 md:gap-3"> <div class="flex flex-grow flex-col max-w-full gap-3 gizmo:gap-0"> <div class="min-h-[20px] flex flex-col items-start gap-3 whitespace-pre-wrap break-words overflow-x-auto" data-message-author-role="assistant" data-message-id="85d985eb-81dc-4c51-a77c-e7bf78094ab7"> <div class="markdown prose w-full break-words dark:prose-invert light"> <p>This article explores the integration of prophetic business orientation, which combines religious and ethical values into corporate law, in the context of globalized modern economics. It employs a normative research methodology and legislative approach, analyzing the incorporation of values like transparency, ethics, and religious principles in Indonesian corporate law. The study reveals challenges related to legal uncertainty, corruption, unequal access to justice, and gender inequality in the workplace. Legal reforms and improved law enforcement are vital to promote ethical values and justice in contemporary business practices.</p> <p><strong>Highlights:</strong></p> <ul> <li>Ethics in Business: The study explores the concept of prophetic business orientation, emphasizing the integration of ethical and religious values into corporate law.</li> <li>Multi-Faceted Implementation: It highlights the diverse aspects involved in the implementation of prophetic business orientation, from transparency to environmental sustainability.</li> <li>Challenges and Necessity for Change: The research underscores the challenges, including legal uncertainty and corruption, and the need for legal reforms to promote ethical values and justice in modern business practices.</li> </ul> <p><strong>Keywords: </strong>Prophetic Business Orientation, Corporate Law, Ethical Integration, Values in Business, Legal Reforms</p> </div> </div> </div> </div> </div> </div> </div> </div> 2023-11-06T06:17:09+00:00 Copyright (c) 2023 Ida Ayu Sadnyini, I Gede Agus Kurniawan (Author) Legitimacy of the Notary Inspection Board within the Indonesian Legal Framework 2023-12-25T03:10:38+00:00 Ahmad Muhajir Firrizqi Mubaroq Sugeng Muljosantoso Dessi Anggraeni Tabroni <p>This study examines the position and legitimacy of the establishment of a Notary Inspection Board within the Indonesian legal framework, with a particular focus on the Law on Notary Position (UUJN) and Ministerial Regulation of Law and Human Rights (Permenkumham) Number 15 of 2020. The research employs a normative legal method to scrutinize norms within the UUJN and Permenkumham 15/2020, prompted by perceived normative disharmony between these regulations regarding oversight and sanctioning of notaries. Contrary to prior research that suggested a normative disharmony, this study finds that the Inspection Board acts on behalf of the Notary Oversight Board, as its members are part of the latter, with duties delegated by the Chairperson of the Notary Oversight Board. Thus, Permenkumham 15/2020 does not contradict the UUJN. Nevertheless, for greater clarity, the study recommends revisions to Permenkumham 15/2020, emphasizing the basis of authority and formation of the Inspection Board.<br><strong>Highlights:</strong></p> <ol> <li>No legal disharmony between Ministerial Regulation 15/2020 and the Law on Notary Position.</li> <li>Notary Examination Board is part of the Notary Supervisory Board.</li> <li>Amendments to Regulation 15/2020 are suggested for clearer authority and establishment process.</li> </ol> <p><strong>Keywords:</strong> Notary Examination Board, Notary Supervisory Board, Ministerial Regulation 15/2020, Law on Notary Position, legal harmonization.</p> <div class="flex-1 overflow-hidden"> <div class="react-scroll-to-bottom--css-iwvrc-79elbk h-full dark:bg-gray-800"> <div class="react-scroll-to-bottom--css-iwvrc-1n7m0yu">&nbsp;</div> </div> </div> 2023-07-25T00:00:00+00:00 Copyright (c) 2023 Ahmad Muhajir Firrizqi Mubaroq, Sugeng Muljosantoso, Dessi Anggraeni, Tabroni (Author) Addressing Multi-Unit Residential Management Conflicts: A Legal Study 2023-12-25T02:44:25+00:00 Berlinaldo Patanroi <p>This study delves into the legal complexities and challenges arising from the management dualism disputes within the Association of Occupants and Owners of Flat Units (P3SRS) at the Bogor Valley Apartment. The research adopts a normative juridical approach, focusing on the analysis of primary, secondary, and tertiary legal materials through comprehensive library research. Central to this investigation is the exploration of the authority of P3SRS under Article 27 of the Regulation of the Minister of PUPR Number 14 of 2021. The study reveals that the existing dual administrations within the P3SRS lack the legitimate authority to manage the interests of the apartment's owners and residents as stipulated by the regulation. This situation has led to significant legal issues, primarily triggered by the dismissal and replacement of P3SRS management. The research further examines legal protection mechanisms for residents and owners affected by this dualism, highlighting two primary approaches: 'preventive legal protection' through government-led socialization and awareness campaigns, and 'repressive legal protection' as outlined in existing housing laws and regulations. Additionally, the study discusses the role of the independent Notary Honor Council (MKN) in providing legal protection for notaries concerning their civil responsibilities and the creation of legal documents. The findings underscore the necessity for clear regulatory frameworks and effective legal protection strategies to address and mitigate the challenges posed by management dualism in residential unit associations, providing valuable insights for policymakers, legal practitioners, and residents of multi-unit dwellings.<br><strong>Highlights:</strong></p> <ul> <li>The study identifies illegal authority in dual residential management structures, highlighting a lack of legitimate power in handling owner and resident interests.</li> <li>It emphasizes the necessity of preventive legal protection, advocating for government-led awareness initiatives to educate communities about residential management laws.</li> <li>The research underscores the importance of repressive legal measures, detailing how existing housing regulations provide protection against management conflicts.</li> </ul> <p><strong>Keywords:</strong> Residential Management, Legal Dualism, Preventive Protection, Repressive Protection, Regulatory Framework</p> 2023-12-19T00:00:00+00:00 Copyright (c) 2023 Berlinaldo Patanroi (Author) Evaluating Airline Liability and Compensation in Indonesian Aviation 2023-12-25T02:44:21+00:00 Rossano Tito Atmadja Ahmad Sudiro <p>This study investigates the regulatory framework and legal implications of airline liability in the context of air crash victims' rights in Indonesia, focusing on the enforceability of release and discharge agreements imposed by airlines. The research adopts a normative legal method, employing legislative and conceptual approaches to scrutinize primary and secondary legal materials related to aviation accident compensation. The primary sources include the Indonesian Aviation Act No. 1 of 2009, Article 141, and the Minister of Transportation Regulation PM 41 of 2011, alongside the Warsaw Convention of 1929. Secondary sources comprise academic literature, including books, journals, and research reports. The data were analyzed qualitatively, evaluating the extent to which the concepts of release and discharge align with the prevailing legal principles of transportation liability. The findings reveal that the Indonesian aviation regulations mandate airlines to compensate for deaths, permanent disabilities, or injuries resulting from air accidents, including to the heirs, with a cap set at Rp1.25 billion per passenger. However, the legal strength of release and discharge statements is considered weak, as they are not explicitly regulated, potentially disadvantageous to victims forced to sign as a precondition for compensation, and contrary to consumer protection laws prohibiting the shift of airline responsibilities to consumers. The study recommends a thorough government review of these release and discharge provisions to ensure alignment with national aviation laws, consumer protection statutes, and civil codes, emphasizing fairness and the protection of victims' and heirs' rights. This research contributes to the discourse on aviation liability in Indonesia, highlighting the need for legal reforms to uphold justice and certainty in airline compensation practices.<br><strong>Highlights:</strong></p> <ul> <li>Weak Legal Foundation: Release and discharge agreements in Indonesia's aviation sector lack explicit legal backing, undermining their enforceability.</li> <li>Conflict with Consumer Laws: These agreements often contradict consumer protection laws by shifting airline responsibilities to consumers.</li> <li>Need for Legal Reform: There is a pressing need for regulatory review and reform to align compensation practices with fairness and legal standards.</li> </ul> <p><strong>Keywords: </strong>Aviation Liability, Compensation, Release and Discharge, Consumer Protection, Legal Reform</p> 2023-12-19T00:00:00+00:00 Copyright (c) 2023 Rossano Tito Atmadja, Amad Sudiro (Author) Constitutional Inquiry Rights in Evaluating Constitutional Court Decisions: A Case Study of MK Decision No. 90/PUU-XXI/2023 2023-12-30T05:41:17+00:00 Askari Razak Fakhry Amin <p>This research focuses on analyzing the construction of the parliamentary inquiry right (hak angket) within the context of the controversial Constitutional Court (Mahkamah Konstitusi, MK) Decision No. 90/PUU-XXI/2023 in Indonesia. The decision, which interprets the age requirement for presidential and vice-presidential candidates, has sparked debates about the potential misuse of MK's authority. The study aims to understand the legal construction of the DPR’s parliamentary inquiry in light of the 1945 Constitution and relevant legislations, and to assess its implications on the oversight function of representative institutions. Employing a normative legal research methodology, the study analyzed legislation, legal concepts, and conducted expert interviews and content analysis. The findings reveal that the parliamentary inquiry, as a constitutional right of the DPR stipulated in Article 20A paragraph (2) of the 1945 Constitution, is utilized to assess the impact of MK Decision No. 90/PUU-XXI/2023 on Indonesia’s democracy and electoral system. The study highlights the need for DPR to observe legal provisions and ensure transparency and accountability in its inquiry process, emphasizing the significance of balancing democratic principles, transparency, and protection of citizens’ political rights in the oversight mechanism.<br><strong>Highlights:</strong></p> <ul> <li><strong>Parliamentary Inquiry and Democracy:</strong> Exploration of the DPR's inquiry right in relation to MK's decision, emphasizing its importance for democratic accountability.</li> <li><strong>Legal and Democratic Implications:</strong> Focus on the legal boundaries and democratic significance of applying the inquiry to a judicial decision.</li> <li><strong>Transparency and Accountability:</strong> Highlighting the need for transparency and accountability in the parliamentary inquiry process.</li> </ul> <p><strong>Keywords:</strong> Parliamentary Inquiry, Constitutional Court Decision, Legal Analysis, Indonesian Democracy, Oversight Function</p> 2023-12-30T00:00:00+00:00 Copyright (c) 2023 Askari Razak, Fakhry Amin (Author) Advancing Democratic Engagement in Indonesia's Treaty Ratification Process 2023-12-30T05:22:30+00:00 Fathul Hamdani M. Galang Asmara Zunnuraeni <p>This study explores the application of the 'meaningful participation' principle in the formation of laws ratifying international agreements in Indonesia, with a focus on social, economic, and environmental sectors. The research adopts a normative legal methodology, utilizing statutory and conceptual approaches to analyze relevant legislation, court decisions, and academic literature. The findings reveal a significant imbalance in public participation in the ratification process, primarily characterized by a top-down approach with minimal substantive dialogue with affected community groups. Despite constitutional provisions allowing the President to establish agreements without ratification, meaningful public participation in legislative and ratification processes remains limited. The study emphasizes the need for open public consultations, active involvement of non-governmental organizations, and private sector engagement to achieve policies that reflect the comprehensive interests and aspirations of the populace. It highlights the importance of community involvement, transparency, economic-environmental balance, and inclusive approaches in influencing meaningful participation levels. The research calls for recommendations to the Government and Parliament to foster more qualitative and significant public participation in the ratification process, aligning Indonesia with international principles of meaningful participation in social, economic, and environmental law. This approach is crucial for Indonesia, as the world's third-largest democracy, to promote meaningful public participation in policy-making, especially in ratifying international agreements impacting the broader society.</p> <p><strong>Highlights:<br></strong></p> <ul> <li><strong>Imbalanced Participation:</strong> Dominance of a top-down approach with minimal public dialogue in treaty ratification.</li> <li><strong>NGOs and Private Sector:</strong> Essential roles in representing diverse societal interests in legislative processes.</li> <li><strong>Legal and Democratic Alignment:</strong> Need for transparent and inclusive law-making, balancing economic and environmental aspects.</li> </ul> <p><strong>Keywords:</strong> Meaningful Participation, International Treaty Ratification, Public Involvement, Legislative Process, Indonesian Democracy</p> 2023-12-30T00:00:00+00:00 Copyright (c) 2023 Fathul Hamdani, M. Galang Asmara, Zunnuraeni (Author) Fairness Principles in Islamic Social Funds: An Analysis of Zakat and Wakaf Management in Indonesia 2023-12-25T02:44:39+00:00 Sugeng Susila Alhadiansyah Erni Djunastuti Marnita Angga Prihatin <p>This study explores the implementation of the fairness principle in the management of Islamic social funds through zakat and wakaf in Indonesia, guided by existing legal frameworks and theoretical sources. Employing a legal approach, it critically examines and evaluates various laws related to the management of Islamic social funds in Indonesia. The research method utilized is a normative legal study focusing on theoretical examination and analysis of relevant legal documents and regulations. The findings reveal that the management of zakat and wakaf in Indonesia reflects the Fairness Principle, aiming to ensure just and equitable distribution and utilization of Islamic social funds. Such just management has significantly positive impacts on economic empowerment and societal welfare in Indonesia, enhancing education access, social infrastructure strengthening, productive business development, and empowerment of vulnerable groups, thus reducing poverty and social inequality. Collaboration between Islamic social fund institutions, government, and society is crucial to ensuring effective and sustainable utilization in enhancing Indonesia's overall economic welfare and societal well-being.<br><strong>Highlights</strong>:</p> <ol> <li>Implementation of the fairness principle in managing Islamic social funds (zakat and wakaf) ensures equitable distribution and utilization.</li> <li>Management significantly impacts economic empowerment and societal welfare in Indonesia.</li> <li>Strong collaboration between institutions, government, and society is key to effective and sustainable utilization of zakat and wakaf.</li> </ol> <p><strong>Keywords</strong>: Zakat, Wakaf, Fairness Principle, Economic Empowerment, Welfare Enhancement</p> 2023-09-24T00:00:00+00:00 Copyright (c) 2023 Sugeng Susila, Alhadiansyah, Erni Djunastuti, Marnita, Angga Prihatin (Author) Vicarious Liability in Personal Data Protection 2023-12-25T03:10:27+00:00 Zulian Claudia Ariawan Gunadi <p>This study explores the legal responsibility and ideal concepts in compensating victims of personal data misuse, focusing on the ambiguous regulations within Indonesia's Personal Data Protection Act (UU PDP). The research, conducted through a normative-juridical approach employing conceptual and legislative methods, assessed primary legal materials including UUD NRI 1945 and UU PDP, along with secondary legal materials like books, journals, and non-legal materials such as language dictionaries. The results identified an existing lack of clarity in the UU PDP regarding the embraced accountability concept, potentially impairing the optimal filing of compensation claims by personal data subjects. It concluded that adopting the legal accountability concept of vicarious liability could ensure legal certainty for victims and simplify obtaining compensation for personal data misuse. The study implies the necessity for the adoption of vicarious liability, particularly in compensating victims of data misuse, by future institutions involved in personal data protection.</p> <p><strong>Highlights:</strong></p> <ol> <li><strong>Ambiguity in Regulation:</strong> The UU PDP's lack of clarity concerning legal accountability may lead to suboptimal compensation claims for personal data subjects.</li> <li><strong>Ideal Concept Identified:</strong> The vicarious liability concept was determined as an ideal basis for legal accountability in compensating victims of personal data misuse.</li> <li><strong>Implication for Future Institutions:</strong> The findings suggest the importance of adopting vicarious liability in future data protection institutions, particularly regarding compensation for data misuse victims.</li> </ol> <p><strong>Keywords:</strong> Vicarious Liability, Personal Data Protection, Legal Responsibility, Compensation, Normative-Juridical Analysis</p> 2023-08-18T08:22:42+00:00 Copyright (c) 2023 Zulian Claudia, Ariawan Gunadi (Author) Digitalization of the Legal System: Opportunities and Challenges for Indonesia 2023-12-28T22:23:26+00:00 Mochammad Tanzil Multazam Aan Eko Widiarto <p><span style="font-weight: 400;">This study aims to analyze the impact and challenges of digitalization in the Indonesian legal system, focusing on its implications for legal education, data security, and professional readiness. Adopting a qualitative approach, the research synthesizes discussions on the evolution of legal processes in response to technological advancements. Findings highlight that digitalization offers efficiencies and transparency yet poses significant cybersecurity risks. The study underscores the urgent need for enhanced digital literacy and legal education reform, emphasizing skills in AI and blockchain technology. The implications of this study are pivotal for policymakers and educators as they navigate the balance between embracing digital innovation and addressing the associated risks in the legal domain.</span></p> <p><strong>Highlights:</strong></p> <ul> <li><strong>Digital Technologies' Impact:</strong> Digitalization, especially through the E-Court program, significantly enhances the efficiency and transparency of legal processes in Indonesia.</li> <li><strong>Challenges in Implementation:</strong> Key obstacles include the digital divide between urban and rural areas, slow adaptation of legal frameworks, and concerns over data privacy and cybersecurity.</li> <li><strong>Need for Strategic Governance:</strong> Effective digital transformation in the legal system requires comprehensive strategies, improved cybersecurity, and the adaptation of legal professionals to technological advancements.</li> </ul> <p><span style="font-weight: 400;"><strong>Keywords:</strong> Digitalization, Indonesian Legal System, Big Data, Blockchain, Artificial Intelligence</span></p> 2023-12-25T00:00:00+00:00 Copyright (c) 2023 Mochammad Tanzil Multazam, Aan Eko Widiarto (Author) Strengthening Land Law Reforms through Legal Pluralism in Indonesia 2023-12-25T03:10:19+00:00 Pandapotan Damanik <p>This study explores the urgent need for reforms in Indonesia's land law system, specifically focusing on incorporating legal pluralism into the national legal framework. Utilizing a normative legal research method, the study scrutinizes primary and secondary legal documents, including the 1945 Indonesian Constitution, the Basic Agrarian Law, and the Job Creation Law, while also incorporating insights from related literature. The main finding indicates that although the Basic Agrarian Law (UUPA) has attempted to blend principles of customary and religious law into the national land law framework, its implementation still exhibits signs of weak legal pluralism, where state law dominates. This research suggests that adopting legal pluralism as a foundational principle in the UUPA could serve as a catalyst for fostering greater harmony between state and non-state laws, encouraging the development of policies that are more accountable and responsive to local realities. This holds significant implications in promoting agrarian justice and sustainability in land management in Indonesia, offering vital insights for ongoing legal reform efforts.</p> <p><strong>Highlights:</strong></p> <ul> <li>Inadequate integration of customary and religious law principles in the existing Basic Agrarian Law (UUPA).</li> <li>The potential of legal pluralism as a foundation to foster greater harmony between state and non-state laws.</li> <li>The urgent need for responsive policies that align with local realities to promote agrarian justice and sustainable land management in Indonesia.</li> </ul> <p><strong>Keywords:</strong> Legal Pluralism, Land Law Reform, Agrarian Justice, Policy Development, Indonesian Constitution</p> 2023-09-07T00:00:00+00:00 Copyright (c) 2023 Pandapotan Damanik (Author) Evaluating the Construction and Limitations of Opportunism Principle in Indonesian Judiciary 2023-12-25T03:10:23+00:00 Ade Sathya Sanathana Ishwara <p>This research scrutinizes the construction, limitations, and parameters of the opportunism principle concerning public interest within the framework of progressive law in Indonesia, employing a normative legal research methodology. The study intricately analyzes legislative regulations through the lens of progressive law theory, incorporating primary legal materials such as the 1945 Constitution of the Republic of Indonesia, the Criminal Procedure Code, and the laws governing the Judiciary and the Prosecution Service. The preliminary findings indicate a nebulous state in the conceptual evolution of the opportunism principle in Indonesia, characterized by a lack of explicit standards and limitations in its implementation. Furthermore, the study identifies a pressing need for a more stringent selection mechanism and orientation towards the opportunism principle for prospective Attorney Generals to foster legal certainty and diminish community legal uncertainty. This study aims to contribute towards fostering a robust jurisprudential foundation, enhancing the role and moral authority of the Attorney General in the criminal justice system.<br><strong>Highlights:</strong></p> <ul> <li> <p>Conceptual Ambiguity: Current ambiguities in the opportunism principle necessitate clearer implementation standards in Indonesia.</p> </li> <li> <p>Legal Reforms: The study advocates for pivotal legal reforms to bolster the Attorney General's moral authority and role within the justice system.</p> </li> <li> <p>Implications on the Attorney General's Role: The research highlights the necessity for improved training and stricter selection procedures for prospective Attorney Generals.</p> </li> </ul> <p><strong>Keywords:</strong> Opportunism Principle, Progressive Law, Indonesian Judiciary, Legal Certainty, Attorney General</p> 2023-09-07T00:00:00+00:00 Copyright (c) 2023 Ade Sathya Sanathana Ishwara (Author)