Jurnal IUS (Kajian Hukum dan Keadilan)
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The Juridical Framework of the Pentahelix Model in the Preparation of Regional Medium-Term Development Planning
Full text linkRegional Development Planning is a process of compiling the stages of activities involving various elements of stakeholders to improve social welfare in an area/region within a certain period. In the provisions of Article 260, Law No.23 of 2014 concerning Regional Government, it is stated that the regions under their authority shall prepare regional development plans as an integral part of the national development planning system. The pentahelix planning model is an alternative to building a participatory and partnership planning framework that emphasizes the partnership principle, that it is necessary to know the urgency of the pentahelix planning model and the pentahelix planning model in the implementation of the regional medium-term development planning (RPJMD) to realize good governance (good governance), with a normative juridical research method with a statute approach, a conceptual approach, and a cross-disciplinary approach to law to solve related problems. The Pentahelix model has five actors who play a role in it, namely academics, business actors, communities, government, and media
The Age Threshold for Presidential Nominations in the Perspective of Dignified Justice Theory: Why is there a Mahkamah Keluarga Issue?
No full textThe Constitutional Court's decision regarding the age limit for nominations for President and Vice President has caused problems in society, one of which is related to the issue of the existence of a Family Court. This issue arises because juridically there is a logical inconsistency in the Constitutional Court's decision regarding the age limit for nominations for President and Vice President and related to the nomination of the President's children to contest the Presidential and Vice Presidential elections in the 2024 election. This research aims to analyze aspects of the age threshold for Presidential candidacy and The Vice President reviewed the theory of dignified justice along with an analysis of the Family Court issue as a result of the Constitutional Court's decision. This research is normative legal research which also orientates socio-legal aspects to assess the impact of a Constitutional Court Decision. The approach used is a conceptual and statutory approach. The research results confirm that the enigma of the age threshold for presidential candidacy in the perspective of the theory of dignified justice occurs because the Constitutional Court has gone beyond the open legal policy conception where the age threshold for presidential and vice presidential candidacy is actually the domain of the legislative institution as in the open legal policy conception. Judging from the theory of dignified justice, the enigma of the age threshold for presidential candidacy also occurs because the Constitutional Court failed to construct the dimensions of social justice as envisioned in the formulation of Pancasila. MK Decision on the Age of the President and Vice President as part of a legal product certainly has social, political and legal impacts on society. Issues related to the Family Court should be addressed wisely by the Constitutional Court because these issues exist as a form of public concern for the dignity of the Constitutional Court as an institution that protects the constitution
Restorative Justice Settles Health Disputes Between Patients and Hospitals from an Inclusive Justice Perspective
No full textThe legal system in Indonesia has seen significant developments in handling healthcare disputes between patients and hospitals through the introduction of the concept of Restorative Justice. The principles of Restorative Justice and inclusive law can be integrated to create a fair, inclusive resolution of conflicts and repair damaged relationships resulting from these disputes. The objective of this research is to analyze the implementation of Restorative Justice in enhancing the resolution of healthcare disputes between patients and hospitals, considering an inclusive legal framework, and identifying potential major obstacles. The research method used is normative research with a focus on legislative analysis and legal literature to explore the concept of Restorative Justice within an inclusive legal framework for resolving healthcare disputes between patients and hospitals. The researcher employs literature review and document analysis techniques to gather and analyze the legal data required for this research. Implementing Restorative Justice for resolving healthcare disputes between patients and hospitals within an inclusive legal framework is an effective approach for resolving healthcare conflicts. Restorative justice emphasizes relationship restoration and mutual understanding over punishment and can be applied in cases of malpractice, patient dissatisfaction, or violations of medical ethics. To be successful, relevant regulations such as the Arbitration Law in Indonesia, trained mediators, and the involvement of all relevant parties are necessary. Protecting patients' rights, transparency, accountability, and effective communication should also be a focus. By implementing restorative justice and an inclusive legal framework, the resolution of healthcare disputes can be more effective, fair, and can improve the relationship between patients and hospital
Single Executive in The Indonesian Presidential System
Full text linkThis article discusses a single executive in the Indonesian presidential system. A single executive is power as head of state and power as head of government depends, on one hand, on the President. However, the 1945 Constitution does not explicitly discuss the concept of a single executive, so information about this concept is not collected properly, so this article discusses in depth the concept of a single executive in the Indonesian presidential system based on the 1945 Constitution. This study uses normative legal methods. The finding indicated that the single executive in the Indonesian presidential system was based on the 1945 Constitution, which can be seen from the position of the president hold the inherent power of a head of state; the chief of the army, holds the pardon power, making government regulations and presidential regulations; appointing and dismissing ministers; holding the administrative power; and holding the diplomatic power
Effects of Legislation Overlapping Regarding Transnational Crime
Full text linkGlobalization has a dominant role in the trade of goods/services, people, technologies, and information. The globalization targets are cultural, economic, and political globalization. Unintentionally, problems arise in society, such as transnational rights issues (transnational crime) caused by globalization. The most common transnational crime is sexual exploitation, which occurs in both men and women. Therefore, regarding the handling of TIP in Indonesia, complementary and correlated regulations or legislation are needed to eradicate TIP. Considering that currently, there are regulations that overlap with each other. As happened in the criminal act of trafficking in persons and the law on the protection of Indonesian migrant workers, the two laws should synergize to prevent, handle, and eradicate TIP. Thus, law enforcers can also be maximal in carrying out their duties, especially in taking action against TIP perpetrators
The Justice for Illegitimate Children of Indonesian Women Workers Through Constitutional Court Decision No. 46/PUU-VIII/2010
Full text linkThe position of children out of marriage in everyday life by some people is seen as low, on the other hand in terms of welfare and civil rights still get limitations. This research focuses on the implementation of Constitutional Court Decision No. 46/ PUU-VIII /2010 on illegitimate children of Indonesian Women Workers. The research confirmed that the addition of Article 43 paragraph (1) made by the Constitutional Court through Decision No. 46/PUU-VIII/2010 is not only limited to the right to protection but has a very broad meaning that also includes illegitimate children born to Indonesian Women Workers. In accordance with the principle of equality before the law, the law must provide fair protection and legal certainty. The findings of this study revealed that illegitimate children of migrant workers can obtain constitutional rights as Indonesian citizens adhering to the principles of the rule of law. Therefore, the Constitutional Court’s decision does not only affect children’s inheritance rights, but also has implications for guaranteeing and protecting illegitimate children born to migrant workers, such as the right to earn a living, guardianship rights, and the right to get child support from a biological father
Problems of Criminal Applications Law in The Life of Indonesian Communities and Cultures
Full text linkEarly January 2023, the President of the Republic of Indonesia ratified the R-KUHP to become Law Number 1 of 2023 concerning the Criminal Code. The new Criminal Code will be enforced in three years, with the agenda of socializing it to all law enforcement officials, and also to all Indonesian people. This study wants to explore the use of the Criminal Code with the various problems that accompany it, during an independent nation. The enactment of the Criminal Code raises its own problems for Indonesian religious people based on the first precepts of Pancasila and having an eastern culture. The method used in this research is doctrinal research or normative legal research and is supported by empirical legal research. The novelty of this study is an analysis of the problems with the application of the Criminal Code so far to strengthen the enforceability of the new Criminal Code which will be implemented in the next three years. Research results are, the problem with the application of the Criminal Code as a form of material criminal law has an impact on all aspects. First, the aspect of legal education where knowledge about criminal law reform is not beneficial due to the maintenance of the Criminal Code, from the judicial or law enforcement aspect, the Criminal Code also continues to be used and even becomes the basis for considering the general rules of Book I of the Criminal Code, as long as it is not regulated in laws and regulations outside the Criminal Code. The validity of the Criminal Code from the perspective of religious law and customary law has gaps that cause problems, such as the adultery article in the Criminal Code which has different meanings and principles from those stipulated in religious law and customary law. The principle of “no excuse”, which is implied in the Criminal Code, does not reflect the religious and cultural character of the Indonesian people by prioritizing the concept of forgiveness
Forming International Instrument Through One Health Approach for Health Justice
Full text linkCovid-19 is the proof that human health depends on animal and environmental health, these objects have interlinked with each other and provide impact to each other. Therefore, since international instruments have been formed, it will need the approach which is able to present these objects as the concerns to reach the global understanding on how to deal with pandemic situations, this is introduced through the one health approach for health justice, because disparities in COVID-19 infections, disease outcomes, and access to healthcare were stark and linked not only to health care system discrimination and inequality, but also to inequity throughout society. The purpose of this research is to discuss the importance of one health for health justice as the concept and approach to form international instruments. The method of this research uses qualitative methods and uses normative legal research or library research includes research on legal principles and this presents indirect data through scientific articles and books of the library conducted and supported with secondary and tertiary data. The discussion illustrates that one health as the approach which recognizes human, health and environment have bound each other and interlinked. Therefore, this approach will introduce the integration of interdisciplinary and cross-sectoral cooperation such as health diplomacy as a forum for negotiation between various states. In the end it shows that everyone may play an important role as the actor to promote the health of the populace in the future, one health concern will focus on zoonotic diseases, antimicrobial resistance, and food security for the future pandemic treaty. Health diplomacy through WHO can make a forum for International Health Regulations (IHR) requiring countries to designate a National IHR Focal Point
The Sociological Perspective on The Study of The Living Law: Is It a Part of Legal Discipline or Social Discipline?
Full text linkThe legalistic positivist Civil Law tradition still dominates legal thinking in Indonesia. Therefore, law is often only defined as legislation. Law that is realized in norms is postulated in the form of laws. Whereas outside state law there is also a law that grows and develops in society which has a very effective force. The law is known in the concept of The Living Law which is translated by academics in Indonesia as Customary Law, where the law is realized in the attitude of legal action. Its existence as an embodiment of the original Indonesian Legal system is different from the Civil Law legal system. The problem is when each claims the truth of the law. Meanwhile, if we look at the legislation, the existence of Customary Law as The Living Law is highly dependent on state recognition. Therefore, to understand and explain it brings methodological consequences that use an external perspective. The question that arises is whether the law embodied in the attitude of legal action can be interpreted sociologically? If it can, is this sociological study part of the study in the discipline of law or is it a study of social disciplines? This paper will argue about the importance of an interdisciplinary perspective in the study of legal disciplines, such as the Sociology of Law in the study of The Living Law.Tradisi Civil Law yang positivis legalistis masih mendominasi pemikiran hukum di Indonesia. Oleh karenanya, hukum seringkali hanya diartikan sebatas peraturan perundang-undangan saja. Hukum yang diwujudkan dalam norma-norma dipostulasikan dalam bentuk undang-undang. Padahal di luar hukum negara juga terdapat hukum yang tumbuh dan berkembang dalam masyarakat yang mempunyai daya berlaku yang sangat efektif. Hukum tersebut dikenal dalam konsep The Living Law yang diterjemahkan oleh para akademisi di Indonesia sebagai Hukum Adat, dimana hukum diwujudkan dalam sikap tindak hukum. Eksistensinya sebagai perwujudan sistem Hukum Indonesia asli berbeda dengan sistem hukum Civil Law. Persoalannya adalah ketika masing-masing mengklaim kebenaran hukum. Sementara itu, jika kita lihat pada peraturan perundang-undangan eksistensi Hukum Adat sebagai The Living Law sangat tergantung pada pengakuan negara. Oleh karena itu, untuk memahami dan menjelaskannya membawa konsekuensi metodelogis yang menggunakan perspektif eksternal. Pertanyaannya yang timbul adalah apakah hukum yang diwujudkan dalam sikap tindak hukum itu dapat diinterpretasikan secara sosiologis? Jika dapat, apakah kajian sosiologis ini merupakan bagian dari kajian dalam disiplin hukum atau merupakan kajian disiplin sosial? Tulisan ini hendak mengemukakan tentang pentingnya perspektif interdisiplin dalam kajian disiplin hukum, seperti Sosiologi Hukum dalam kajian terhadap The Living La
The Legal Certainty for Resolving Consumer and Business Actor Disputes from the Perspective of Social Engineering Justice from Roscoe Pound
Full text linkLegal certainty in resolving disputes between consumers and business actors is important so that fair disputes and harmonious relations remain for business actors and consumers. Even so, there are juridical problems related to legal certainty in resolving consumer disputes, namely the lack of clarity regarding the orientation of litigation and non-litigation settlements. Facing these problems, this research aims to analyze the reconstruction of consumer dispute resolution referring to Roscoe Pound’s social engineering theory. This research is normative legal research by prioritizing conceptual and statutory approaches. The research results confirm that to ensure legal certainty, changes or revisions to laws and regulations related to consumer protection need to be made to ensure justice in consumer disputes. Reconstruction of consumer dispute resolution refers to the social engineering theory of Roscoe Pound, so it is necessary to emphasize that consumer disputes must be optimized non-litigationally first through BPSK and if not satisfied, can file a simple lawsuit in court as an effort to minimize the costs and time associated with consumer disputes