Jurnal IUS (Kajian Hukum dan Keadilan)
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Reformulation of Sale And Purchase Agreement Regulations in Creating Legal Certainty and Justice in The Transfer of Land Rights in Indonesia
Full text linkEven though Indonesia has promulgated Act Number 5 of 1960 concerning Basic Agrarian Principles Regulations, this regulation cannot provide legal certainty and justice for the parties in the sale and purchase of land rights agreements. When judges decide cases involving property rights sale and purchase agreements, they base their decisions on legal procedures and sources, which demonstrate this uncertainty and injustice. The legal sources as references are varied, sometimes BW (Burgerlijk Wetboek, Adat Law (Customary Law), or Act Number 5 of 1960 with Government Regulatiion Number 24 of 1997. This article uses a normative legal research method. In analysis, to create a land rights sale and purchase agreement that can provide legal certainty and justice, the issue needs to be regulated, especially regarding the issue of the various legal sources, and the responsibility of the state in providing legal certainty. For sales and purchase agreements to provide legal certainty and justice, the state must move from a negative publication system to a positive publication system to realize the constitutional rights of Indonesian citizens in Article 28 D UUD 1945
PERMASALAHAN HUKUM, MORAL DAN SOSIAL DALAM AKULTURASI BUDAYA EPOS RAMAYANA DI IMDONESIA.
No full textIn line with the creative economy policy, it is advisable for Indonesians to cultivate prolific thoughts, ideas, and intellectual abilities to create various copyrighted works as mandated in Law Number 24 of 2019. In this context, one of the potential forms of creativity to be encouraged is the creation of new artistic works based on cultural acculturation. Indonesia also preserves several traditional works from foreign origins seamlessly integrated into the fabric of community traditions. Prominent instances include Valmiki’s Ramayana epic from India and the traditional Chinese Barongsai dance, both of which have acculturated with Indonesian artistic works. This socio-legal research aimed to examine the potential problems encountered in the process of cultural acculturation from the legal, moral, and socio-political aspects of relations between countries. A comprehensive method was used, including statutory, historical, and comparative analyses. The results showed that cultural acculturation was a neutral process capable of giving rise to unique, novel, and improved creations, provided the process was executed carefully in the sense of respecting cultural values, ethical considerations, and legal norms properly. In the context of the creative economy, new creations resulting from acculturation possessed high commercial value, supporting the development of the national economy.
Dalam rangka pengembangan ekonomi kreatif sebagaimana diamanatkan dalam Undang-Undang No. 24 Tahun 2019 dibutuhkan pemikiran, gagasan dan ide-ide kreatif masyarakat serta kemampuan intelektual untuk menghasilkan berbagai karya yang bernilai ekonomi tinggi yang mendapatkan perlindungan berdasarkan UU Hak Cipta.
Bagi masyarakat Indonesia, salah satu bentuk kreativitas yang potensial untuk dikembangkan adalah menciptakan kreasi baru berbasis akulturasi budaya yang dijamin perlindungannya oleh UU Hak Cipta. Selain memiliki kekayaan budaya yang beragam, Indonesia juga merawat sejumlah karya tradisional asing yang telah menjadi bagian dari tradisi dalam kehidupan masyarakat.
Epos Ramayana karya Valmiki dari India, maupun tari tradisional Barongsai dari China menjadi contoh unsur budaya asing yang telah terakulturasi secara harmoni dengan karya seni budaya Indonesia.
Penelitian hukum ini bertujuan mengkaji potensi permasalahan yang mungkin timbul dalam proses akulturasi budaya, baik dari aspek hukum, moral maupun sosial politik terkait dengan hubungan antar negara. Adapun pendekatannya mengacu pada pendekatan perundang-undangan dan pendekatan sejarah.
Hasil penelitian menunjukkan bahwa akulturasi budaya merupakan proses yang netral dan berpotensi melahirkan ciptaan-ciptaan baru yang lebih baik sepanjang dilakukan dengan hati-hati terutama dengan tetap menghormati nilai-nilai budaya, etika dan norma hukum secara patut dan sepantasnya.
Dari segi ekonomi, kreasi ciptaan baru hasil akulturasi budaya berpotensi memiliki nilai komersial tinggi guna dieksploitasi untuk mendukung pengembangan perekonomian nasional.
 
Social Justice in the Welfare of Private Lecturers: A Legal Review of Salaries, Certification, and BPJS Ketenagakerjaan in Indonesia
Full text linkThis article discusses the issue of the welfare of private lecturers in Indonesia from a legal perspective, focusing on three main aspects: salaries, certification, and social security through BPJS Ketenagakerjaan. In the context of social justice, this study identifies the challenges faced by private lecturers related to the provision of salaries that are not in accordance with the Regional Minimum Wage (UMR), delays in lecturer certification, and the lack of adequate social protection through BPJS Ketenagakerjaan. This study uses a qualitative approach by interviewing lecturers at various private universities in Indonesia, spread across 5 provinces (West Java, Central Java, East Java, North Sumatra, and Bengkulu) and in 12 cities/regencies. The total campuses that are the objects of this study are 24 private universities, consisting of universities, institutes, and colleges. Legal analysis is carried out on existing regulations related to lecturer welfare. The results of the study show that although there are regulations governing the welfare of lecturers, inconsistent implementation has caused injustice felt by many private lecturers. This article suggests the need to revise and strengthen legal regulations to ensure the rights of private lecturers in Indonesia are fulfilled, in order to achieve equitable welfare
Consumer Legal Protection Related to Goods Storage Agreements in Shopping Centers in Realizing Justice
Full text linkThe development of shopping centers in Indonesia has increased the need for item storage services, but it has also raised legal issues related to consumer protection. This research aims to analyze the forms of legal protection for consumers regarding item storage agreements in shopping centers and identify efforts that can be made to achieve justice for consumers in this context. This study uses a normative legal research method with statutory and conceptual approaches. Data collection techniques are carried out through library research, while data analysis uses qualitative methods with deductive reasoning to interpret legal materials and formulate recommendations. The research results show that legal protection for consumers in item storage agreements in shopping centers is based on the Consumer Protection Act and the Civil Code, covering the guarantee of consumer rights, obligations of shopping centers, prohibition of detrimental standard clauses, compensation liability, reverse burden of proof principle, dispute resolution mechanisms, as well as supervision and law enforcement. To achieve justice for consumers, comprehensive efforts are needed including regulatory revision, increased supervision, consumer education, development of effective dispute resolution mechanisms, technology adoption, development of industry standards, increased transparency, development of special insurance products, periodic evaluations, strengthening the role of non-governmental consumer protection organizations, development of consumer rating systems, and improved coordination among relevant government agencies
Utilitarianism Perspective on The Use of E-Stamps in Business Practices in Indonesia
Full text linkThe implementation of e-stamps in Indonesia as a replacement for conventional stamps has the potential to increase efficiency and effectiveness in administrative and business processes, but also raises ethical challenges related to data security, technology accessibility, and fairness in its implementation, which need to be evaluated from a utilitarian perspective to ensure the greatest benefit to the wider community. The purpose of this study is to analyze the implementation of e-stamps in business practices in Indonesia from a utilitarian perspective, by evaluating the increased efficiency and benefits for business actors and comparing the overall impact on society with the conventional stamp system. This study uses a normative legal research method with a legislative and conceptual approach, analyzing primary, secondary, and tertiary legal materials through literature studies, and applying descriptive-analytical qualitative analysis to examine the utilitarian perspective in the use of e-stamps in business practices in Indonesia. The results of the study indicate that the use of e-stamps in business practices in Indonesia, viewed from a utilitarian perspective, provides greater benefits to society as a whole compared to the conventional stamp system. E-stamps increase efficiency, transparency, and legal certainty, as well as reduce administrative costs, which are beneficial to various parties including large business actors, SMEs, and the government. Despite challenges such as limited digital infrastructure in some areas, the benefits of e-stamps are considered significant in driving productivity, economic welfare, and creating a more conducive business environment. With the support of a clear legal framework, e-stamps have the potential to become an efficient and beneficial instrument for all levels of Indonesian society, driving economic inclusion and more sustainable growth.
The Interplay of Human Trafficking and the Rohingya Refugee Crisis in Aceh Province, Indonesia: Exploring the Complexities of Criminality and Humanitarian Concerns
Full text linkThis article delves into the long-standing atrocities committed by the Myanmar government against the Rohingya people in Rakhine province, which have resulted in a significant influx of Rohingya refugees into various regions, including Aceh province, Indonesia. The article aims to investigate the nature of this crisis, particularly focusing on the modus operandi of human trafficking, through a doctrinal-empirical approach. This approach involves observations and interviews with stakeholders involved in the field. The article also highlights the conflicting perspectives surrounding humanitarian and trafficking issues, shedding light on the challenges faced. Despite the existence of Presidential Decree 125/2016, the management of refugee handling remains inconsistent, given the uncertain situation and half-hearted treatment. Consequently, this has led to the expansion of trafficking networks, victimizing both local individuals assisting refugees at sea and on land. Indonesian authorities have predominantly addressed trafficking under immigration law rather than from a humanitarian standpoint. This approach has had adverse effects, resulting in resistance and rejection of Rohingya refugees in Aceh province. Considering that trafficking has emerged as a downstream impact of the global refugee crisis, the perception of viewing trafficking in Rohingya solely as a crime should be questioned. Urgently, a new paradigm and legal regime for refugees in Indonesia are required to address these pressing issues
english
No full textDigital markets and multi-sided platforms are created by the internet, that are characterized by the use of big data as new market power. Big data enabled dominant and digital-based key players such as Instagram and Facebook/Meta to record and forecast their users’ personal data and spending capacity to increase their economies of scale by tailoring updates to the users’ demand. Therefore, big data becomes an essential market share, and its scarcity determines newer entrants’ ability to enter the market and the existing incumbents’ ability to survive by grappling with fast-paced digital changes. This legal morphology benefits data-driven undertakings to elevate their position in the market and achieve enough independence to influence market behavior. On the other hand, multi-sided platforms refer to where a single undertaking sells different products to different types of consumers on different sides of the platforms that affect each other’s demand due to the cross-group network effect. Undertakings often sell zero-price products to one side while imposing the monetary burden and gaining revenue from the other. This situation triggered legal challenges to the calculation of market share necessary to determine a dominant position that is essentially mathematical based. Furthermore, big data and multi-sided platforms stimulate the rise of novel abusive practices in the digital market. This paper will analyze the Indonesian 1999 competition law’s flexibility to deal with these changes by comparing the existing framework on consumer data protection, big data, and multi-sided platforms management to the European Union competition law
Access to Justice: Protecting Spousal Health from Sexually Transmitted Diseases Transmission within Marriage
Full text linkThis study explores how Indonesia’s present regulatory framework navigates to protect spousal health from Sexually Transmitted Diseases (STDs) transmission within marriage. Employing a normative legal approach which combines statutory analysis and comparative methods. The analysis focuses on Indonesia’s regulatory framework. Findings reveal that the current regulations including the Constitution 1945, Health Law, Marriage Law, Elimination of Domestic Violence Law, Criminal Code, various Regional Regulations and Regulation of The Minister of Health. These regulations provide limited coverage of instances where individuals jeopardies the health of others, particularly spouses, through the transmission of STDs. Comparative analysis of Singapore, Cambodia, Brunei Darussalam, and the United Kingdom demonstrate a common emphasis on informed consent and risk mitigation, often achieved through criminalization of non-disclosure of HIV status. However, the study acknowledges the limitations of such punitive approaches in achieving sustainable public health outcomes. The conclusion proposes moving beyond the current framework. It suggests leveraging the Health Law’s framework for family health promotion and its association with disease control. This could involve establishing a regulatory system grounded in scientific research, prioritizing a consensual and holistic approach cantered on comprehensive education and prevention programs. This approach recognizes STDs as a social issue requiring collective action, contrasting with the tendency in some neighboring countries to view them solely as a medical concern. By addressing these legal gaps and fostering responsible sexual health practices within marriage, Indonesia can contribute to a healthier and more secure marital environment for its citizens
The Development of Health Criminal Law in The Perspective of Dignified Justice: What and How?
Full text linkHealth criminal law in Indonesia has developed significantly since the colonial era until now, marked by the birth of various laws and regulations governing criminal aspects in the health sector. This research aims to analyze the development of health criminal law in Indonesia from the perspective of dignified justice, as well as identify challenges and formulate efforts needed in developing health criminal law in line with the principles of dignified justice. This research uses a normative legal research method with a statutory and conceptual approach, examining primary, secondary, and tertiary legal materials through literature studies. Data analysis was conducted qualitatively with a descriptive-analytical approach, involving the process of data reduction, data presentation, and conclusion drawing. The results of the study explain that the development of health criminal law in Indonesia shows a significant evolution, from limited arrangements in the Criminal Code of colonial heritage to comprehensive laws such as Law No. 36/2009 on Health. The perspective of dignified justice is reflected in efforts to balance the protection of patient rights, the professionalism of health workers, and the interests of society. Although there has been progress, there are still challenges such as the application of the ultimum remedium principle, the balance of rights protection, and adaptation to the development of health technology. Efforts to develop health criminal law in line with the principles of dignified justice require a thorough evaluation of criminal provisions, capacity building of law enforcement officers, development of regulations that are sensitive to the diversity of health practices, and collaboration between stakeholders to deal with the complexity of contemporary health issues
Partnership Implementation in Banking Industry: Parent-Subsidiary Bank Policy in Indonesia
Full text linkIndonesia has a partnership policy as a prerequisite for foreign parties who wish to open a bank in Indonesia. This partnership policy has been known since the allowance for foreigners to own banks with a 99% stake which continues to this day in today’s era of financial industry consolidation. This paper will elaborate on the idea of implementing a partnership policy through the concept of parent-subsidiary bank between Commercial Bank with Foreign Ownership and Local Banks in Indonesia such as Regional Development Banks and People’s Economic Banks. This idea will examine the possibility, procedure, and impact of the implementation of the concept on the consolidation of the national banking industry, especially the strengthening of local banks as an effort to improve the welfare of the people as a whole. This research is normative legal research with a statutory and conceptual approach. Based on the analysis conducted in this paper, the implementation of the parent-subsidiary bank concept is in line with the positive regulations prevailing in Indonesia around strengthening the capital of Regional Development Banks and People’s Economic Banks as well as having an impact on strengthening capital and transferring technology to these local banks which have an impact on improving the services and capacity of local banks in competing in the banking industry