Jurnal IUS (Kajian Hukum dan Keadilan)
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Blue Carbon Policy Direction in Optimizing the Potential of Coastal Areas
Full text linkThe potential of coastal areas through coastal and marine ecosystems is very important to minimize the increase in carbon emissions by becoming a means of carbon absorption through the blue carbon mechanism. Blue carbon has the potential because of its role in carbon sequestration to minimize the impact of the climate crisis. Unfortunately, the potential of blue carbon through coastal areas is not in line with policies that do not manifest optimal environmental optimization. To maximize the potential of blue carbon and protect coastal ecosystems, it is necessary to reorient derivative policies and revoke policies that have the potential to threaten coastal ecosystem areas. The method used in this study is normative juridical, with a policy approach and a conceptual approach. This research is based on the hypothesis that the central government demonstrates insufficient resolve about determining and implementing efforts to optimize coastal areas, with an economic orientation that emphasizes coastal ecosystems leading to policy directions towards exploitation rather than conservation. Thus, the direction of the blue carbon policy is expected to be synchronous and optimal to explore the potential of Indonesia’s coastal areas and contribute to significantly reducing the impact of the climate crisis
Hindu Women’s Right to Property in Bangladesh: A Grave Denial of Gender Justice
Full text linkWith the orthodox Hindu legal system in Bangladesh, there have been substantial pessimistic arguments around Hindu women’s property rights. Due to the dominance of patriarchy within the community, intra-religious subordinate complexity, and age-old customary practices, Hindu women have been deprived of their intended advantages, which has resulted in a blatant disregard for the rights guaranteed by the sacred provision of the constitution of Bangladesh and the international human rights norms, particularly concerning the twin ideals of equality and non-discrimination. The outcome also significantly affected their potential to exercise and enjoy property rights, which is considered one of the most effective means of empowerment and advancement, both from the context of their economic independence and self-determination. Proactively taking into account the aforesaid context through a systematic review of the existing literature and statutory norms, this paper aims to identify the byproducts of gender-based disparity, focusing on discriminatory property rights of Hindu women in Bangladesh. The paper strives to assert a firm stance against the violation of gender justice in Hindu women’s property rights. Also, with functional distributive fairness guaranteed in society as a whole, this endeavour will forge an emphatic voice for the inclusion of gender-neutral property rights
Presidential Partisanship in Indonesian Elections: A Legal and Ethical Analysis
Full text linkPresidential involvement in electoral contests in Indonesia has increasingly raised concerns regarding the neutrality and integrity of democratic processes. Instances such as the politicization of social assistance programs, the strategic appointment of acting governors, and the active participation of ministers in campaign activities have highlighted the pervasive use of state resources for partisan interests. This study examines the permissibility of presidential political partiality in electoral contests from legal and ethical perspectives. Employing a normative legal research method with a statute and analytical approach, the study analyzes primary legal sources, including the 1945 Constitution and relevant electoral regulations, as well as secondary scholarly materials. The findings reveal that presidential partisanship is legally and ethically unjustifiable. Legally, procedural mechanisms, such as the requirement for mandatory leave during campaign activities, fail to guarantee factual neutrality and enable covert partisanship. A systematic and teleological interpretation of Article 299 paragraph (1) of the Election Law demonstrates that the right to campaign applies exclusively to presidents running as candidates, not to incumbents who are not contesting. Ethically, presidential partiality violates principles of impartiality and moral legitimacy, undermining the president’s role as a unifying symbol of national integrity. The study emphasizes the urgent need for regulatory reforms and ethical standards to reinforce fairness and uphold public trust in Indonesia’s electoral process
The Substantive Justice in Regional Elections: A Philosophical and Sociological Comparison of Asian, European, And African Countries
Full text linkSubstantive justice in regional elections, which focuses on election outcomes that reflect social justice, inclusiveness, and fair distribution of power, requires a contextual approach in Asia, Europe, and Africa to address the unique challenges of each region and create more inclusive and just political systems. This study aims to explore the philosophical and sociological understanding and application of the concept of substantive justice and its impact on political representation and inclusiveness in regional elections in Asian, European, and African countries. This study uses normative legal methods with legislative, conceptual, and comparative approaches to analyze the concept of substantive justice and its application in regional elections in Asia, Europe, and Africa, relying on qualitative analysis of primary, secondary, and tertiary legal materials. The results of the study show that substantive justice in regional elections focuses on outcomes that reflect social justice, equality, and inclusiveness, with highly contextual applications in Asia, Europe, and Africa. In Europe, this concept is influenced by John Rawls’ theory of justice as fairness, with a proportional electoral system that is effective in representing the diversity of society. In Asia, values of social harmony and cultural plurality influence the implementation of substantive justice, although challenges such as money politics and social inequality remain significant. In Africa, the philosophy of Ubuntu encourages community solidarity, but obstacles such as corruption and ethnic conflict hinder its implementation. In general, affirmative action policies, ongoing reforms, and public education are needed to strengthen inclusiveness and political representation at the local level in various regions
Unqualified Audit Opinions and Their Role in Promoting Transparent, Accountable, and Just Governance Reform
Full text linkThis study examines the effect of the Supreme Audit Agency (BPK) audit results with an unqualified opinion (WTP) on efforts to improve clean governance in Indonesia. The WTP opinion shows that the financial statements of government entities have been prepared by applicable accounting standards and regulations. Using a normative legal research approach, this study examines the relevance of the WTP opinion as the main indicator of transparency, accountability, and integrity in state financial management. The results show that the WTP opinion has a positive impact in increasing transparency and accountability, strengthening supervision and efficiency of financial management, reducing the potential for corruption, and building public trust in the government. In addition, the WTP opinion also encourages bureaucratic reform through technology adoption, strengthening human resources, and more effective budget planning. This research emphasizes the importance of WTP opinion as a strategic tool in realizing good and sustainable governance
Indonesia’s Press Freedom And Law at Twenty-Five: Achievements, Legal Changes And Continuing Challenges
Full text linkPolitical transition in Indonesia after Soeharto’s regime has been deeply influenced by a decentralised model of governance, which affected to more serious attacks to the journalism. Despite the 1999 Press Law prohibits censorship, banning, and licence, including the dissolving of Department of Information, press freedom has been always disturbed. The extra-judicial killing, physical violence, criminalising against journalism, and other attacks through formal judicial process or other forms, included impunity system, have shown uneasy situation for journalist at field or members of the press to perform journalistic works. The political-economy contestation at the local level plays more important role, rather than the influence of situation and policies at national level. The challenge is the law enforcement to protect journalist at works has been easily deniable and disregarded due to the law system itself that does not give significance effect. The court has been used to collapse media, silencing opposition, retaliating, and terrorising journalism. While the current politics, digital technology shapes press freedom into new challenges, which are more complicated situation due to massive deception and its cyber troops. Hence, this article overviews how press freedom situation and its laws have been shaped at twenty-five years, and what would be possible situation in recent Prabowo’s militarized governance in journalism. By using contextual analysis and historical approach, this article argues on how press freedom in Indonesia has been guaranteed by the law at last twenty-five years, and how Prabowo’s militarized governance shapes press freedom.Transisi politik di Indonesia paska rezim Soeharto sangat dipengaruhi oleh model pemerintahan yang terdesentralisasi, berdampak pada serangan yang lebih serius terhadap jurnalisme. Meskipun Undang-Undang Pers tahun 1999 melarang penyensoran, pelarangan, dan pemberian izin, termasuk pembubaran Departemen Penerangan, kebebasan pers selalu mendapat tekanan. Pembunuhan di luar hukum, kekerasan fisik, kriminalisasi terhadap jurnalisme, dan serangan lain melalui proses peradilan formal atau bentuk lain, termasuk sistem impunitas, telah menunjukkan situasi yang tidak nyaman bagi jurnalis di lapangan atau awak pers untuk melakukan pekerjaan jurnalistik. Kontestasi ekonomi-politik di tingkat lokal memainkan peran lebih penting, daripada pengaruh situasi dan kebijakan di tingkat nasional. Tantangannya adalah penegakan hukum untuk melindungi jurnalis dalam berkarya telah dengan mudah disangkal dan diabaikan karena sistem hukum itu sendiri tidak memberikan efek yang signifikan. Pengadilan telah digunakan untuk meruntuhkan perusahaan media, membungkam oposisi, membalas, dan meneror jurnalisme. Sementara politik saat ini, teknologi digital telah membentuk kebebasan pers menjadi tantangan baru, yaitu situasi yang lebih rumit karena penipuan besar-besaran dan pasukan sibernya. Oleh karena itu, artikel ini mengulas bagaimana situasi kebebasan pers dan undang-undangnya telah terbentuk dalam dua puluh lima tahun terakhir, dan situasi apa yang mungkin terjadi dalam pemerintahan militerisasi jurnalisme Prabowo baru-baru ini
Reconceptualization of Land Acquisition Regulations for Tourism Village Development Based on the Principle of Public Interest
Full text linkVillages hold a strategic position in harnessing tourism potential as part of regional autonomy at the regency and city levels. Such development efforts can yield substantial economic gains and enhance the welfare of local communities. Despite this, the existing legal framework confines the authority to carry out land acquisition for tourism area development solely to four entities: the central government, regional administrations, state-owned enterprises (“BUMN”), and regionally owned enterprises (“BUMD”). As a result, village governments and village-owned enterprises face limitations in developing village tourism areas. This study employs a normative juridical approach, integrating conceptual and statutory methods. The findings indicate that strengthening decentralization and focusing on rural development present opportunities to empower village governments and village-owned enterprises with the authority to acquire land. The restriction of land acquisition for tourism areas to the central government, regional governments, SOEs, and ROEs is becoming increasingly irrelevant. Village tourism areas possess more significant economic potential when managed directly by village governments and village-owned enterprises, with active involvement from local communities. Therefore, a legal reconstruction is necessary to expand the entities authorized to acquire land for village tourism development. This can be achieved by harmonizing relevant legislation, particularly Law No. 2 of 2012, in conjunction with Law No. 6 of 2023 and Government Regulation No. 11 of 2021. Such harmonization will support village governments and village-owned enterprises in realizing effective, sustainable, and inclusive village tourism development
The Civil Liability of Hospitals for Malpractice Committed by Healthcare Personnel Resulting in Baby Switched at Birth Incidents
Full text linkJustice serves as a fundamental goal in the legal framework governing healthcare, ensuring that victims of medical malpractice receive proper redress. This study examines the civil liability of hospitals in cases of baby-switched-at-birth incidents due to medical negligence. Despite clear legal provisions, victims often face challenges in obtaining fair accountability. Hospitals, as primary healthcare providers, are responsible for upholding professional standards to prevent malpractice and ensure patient safety. The failure to adhere to these standards constitutes an unlawful act (PMH) under Indonesian civil law, obligating hospitals to compensate for material and immaterial damages. However, inconsistencies in the implementation of patient protection laws hinder the realization of justice. Through a normative-empirical legal analysis, this study highlights the necessity of strengthening legal certainty, enforcing accountability mechanisms, and promoting non-litigation dispute resolution methods to uphold justice for affected patients. Achieving justice in medical malpractice cases requires a balanced approach between legal enforcement and ethical considerations to protect patients' rights effectively
The Status of Property Granted in The Provisions of Bankruptcy Law in Indonesia
Full text linkIn carrying out their obligations to pay debts, Debtors often make various efforts to avoid having their assets being included in the guarantee of payment. Moreover, Debtors occasionally contrive, by providing grants, their assets in the bankruptcy decision to not be subsumed in the bankruptcy court. The aim of this research is to analyze how the arrangements for giving grants made by Bankrupt Debtors are reviewed from the Civil Code and Bankruptcy law as well as the role of the Curator in protecting Creditors and Debtors in the bankruptcy process. This research uses a normative juridical approach, where library data or secondary data is the main data, in addition to being supported by field data. The research results show that in the context of bankruptcy law, grants are an action that must be paid close attention because it can be said to be a legal action that is not required. If the Debtor gives away assets before being declared bankrupt, it can be indicated as an effort to avoid confiscation of collateral by the court. The curator has the authority to include a gift in the list of bankruptcy estates that will be sold to pay the debtor’s debts to his creditors. In such cases, the Curator can file an Actio Pauliana lawsuit with the commercial court to cancel the gift so that the assets can be included in the bankruptcy estate list. This study provides a focused examination on the legal status of gratuitous transfers in Indonesian bankruptcy law—a subject that, despite its practical urgency, remains underexplored compared to broader studies on bankruptcy proceedings or creditor protections.Berikut adalah terjemahan teks ke dalam bahasa Indonesia:
Dalam melaksanakan kewajiban membayar utang, Debitur sering kali melakukan berbagai upaya untuk menghindari agar aset mereka tidak dimasukkan dalam jaminan pembayaran. Lebih jauh lagi, Debitur kadang-kadang membuat rekayasa dengan memberikan hibah agar aset mereka dalam putusan kepailitan tidak dimasukkan ke dalam pengadilan kepailitan. Penelitian ini bertujuan untuk menganalisis bagaimana pengaturan pemberian hibah yang dilakukan oleh Debitur Pailit ditinjau dari Kitab Undang-Undang Hukum Perdata dan Hukum Kepailitan, serta peran Kurator dalam melindungi Kreditur dan Debitur dalam proses kepailitan. Penelitian ini menggunakan pendekatan yuridis normatif, di mana data kepustakaan atau data sekunder merupakan data utama, selain didukung oleh data lapangan. Hasil penelitian menunjukkan bahwa dalam konteks hukum kepailitan, hibah merupakan tindakan yang harus diperhatikan secara cermat karena dapat dikatakan sebagai tindakan hukum yang tidak diwajibkan. Jika Debitur memberikan aset sebelum dinyatakan pailit, hal tersebut dapat diindikasikan sebagai upaya untuk menghindari penyitaan jaminan oleh pengadilan. Kurator memiliki kewenangan untuk memasukkan hibah ke dalam daftar harta pailit yang akan dijual guna membayar utang debitur kepada para krediturnya. Dalam kasus seperti itu, Kurator dapat mengajukan gugatan Actio Pauliana ke pengadilan niaga untuk membatalkan hibah sehingga aset tersebut dapat dimasukkan ke dalam daftar harta pailit
Implications of Constitutional Defiance of Constitutional Court Decisions by Lawmakers
Full text linkLaw Examination, when associated in the context of upholding the supremacy of the constitution, does not only stop at canceling a norm of law that is contrary to the constitution, but also how the cancellation decision is then obeyed and implemented. This is because the nature of the Constitutional Court Decision is final and binding. The problem that then arises is when looking at the final and binding nature of the Constitutional Court Decision from the aspect of law in action. It is still found that the Constitutional Court’s decision is not implemented consequently by the legislators, namely by reviving the norms that the Constitutional Court has annulled in the laws to be formed or new laws. The research method used is a normative legal method, which is carried out by collecting primary, secondary, and or tertiary legal materials. The results of the study show that the final and binding nature of Constitutional Court decisions erga omnes requires all state institutions to consider the annulled norms as invalid and to follow up on them without exception. However, the study found that constitutional defiance still occurs in the form of disregard or revival of norms that have been declared unconstitutional, which triggers legal uncertainty and weakens the authority of the constitution. Therefore, stronger implementation mechanisms are needed, including post-decision compliance, constitutional impact assessment, continuous monitoring, and the application of a judicial preview model to ensure the effectiveness of Constitutional Court decisions