Jurnal IUS (Kajian Hukum dan Keadilan)
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The Development of Constitutional Law in Presidential and Vice Presidential Election Disputes: A Comparison Between Indonesia, Algeria, and Ethiopia
Full text linkThe development of constitutional law studies necessitates that constitutional law be understood broadly, including various developments in constitutional law in other countries. One important aspect in the development of constitutional law studies is related to disputes over the results of the Presidential and Vice Presidential elections. Many dynamics occur regarding the disputes over the results of the Presidential and Vice Presidential elections. This research focuses on analyzing the comparative legal development of constitutional law related to presidential and vice-presidential election disputes between Indonesia, Algeria, and Ethiopia. This research is a normative legal study with a conceptual, legislative, and comparative legal approach. The research findings affirm that the court is deemed to have the authority to ensure the implementation of principles in elections as part of the general principles in constitutional law, thus the court is also authorized to assess the dimension of justice in disputes over the results of the Presidential and Vice Presidential elections. The legal comparison of the regulation of presidential and vice-presidential election disputes in Indonesia, Algeria, and Ethiopia does not actually have significant differences. In all three countries, elections can also be challenged in court. The main difference lies in the effectiveness of the judicial review of the Presidential and Vice Presidential election results, where this has been quite successful in Indonesia but less impactful in addressing societal polarization as seen in Algeria and Ethiopia
Administrative, Legal and Criminal Aspects of Liability for Illegal Expulsion of Children
Full text linkThe article provides a detailed analysis of the existing legal acts regarding criminal and administrative liability for the illegal expulsion of children. It has been found that the mass and systematic expulsion of children in the conditions of armed conflict, which is committed by the Russian Federation in the temporarily occupied Ukrainian territories, has signs of three most serious international crimes that belong to the jurisdiction of the International Criminal Court - crimes against humanity, war crimes and crimes of genocide. It is emphasized that the Ukrainian side should continue to try at the international, including the international legal level, to recognize the expulsion of children as genocide. In addition, considerable attention is paid to the peculiarities of international criminal liability for the expulsion of children, the legal status and jurisdiction of the International Criminal Court. The article analyzes the steps that have already been taken in the direction of bringing to justice the officials of the Russian Federation guilty of the expulsion of children. The prospects of making a final decision on this matter and the possibility of its enforcement are considered. At the same time, it is noted that the prospects for the actual execution of a future sentence by an international criminal court are very doubtful, since the Russian Federation is a permanent member of the UN Security Council and has the right to veto any of its decisions. The ineffectiveness of the existing mechanism for bringing to justice not only individuals, but also states in general, even for such international crimes as the deportation of children, which cannot be committed without using the entire state apparatus, has been identified. According to the results of the study, a number of problematic aspects of the current legal regulation and the existing system of international relations in the studied sphere have been identified, recommendations for their overcoming have been formulated
Exploring SDGs Regulatory Frameworks and Regional Regulation for Climate Change Mitigation and Adaptive Resilience in Coastal Communities
Full text linkClimate change will cause ecosystem changes that will affect all aspects of human life on earth. The Intergovernmental Panel on Climate Change (IPCC), in its fifth assessment report (AR5), stated that climate change is also having an impact on the marine environment. Indonesia as an archipelagic country will of course also feel the domino effect of climate change. Therefore, climate change is very urgent to be discussed in Indonesia. This article will examine and formulate derivative regulations which are implementation instruments to provide legal protection for the environment and coastal residents when facing the impacts of climate change. This paper applies normative research methods as well as a contextual approach, historical approach, legal approach, comparative approach and case approach which will then be analyzed qualitatively. Specifically, this article will analyze the Buton Regency, especially the North Buton Regency government's efforts to overcome climate change which is realized by the existence of regional regulations that specifically regulate Climate Change Adaptation [API] as well as integrating regional regulations with API elements, especially in the sectors of spatial design, development planning and disaster management. So, it can be a reference for a regions that have coastal areas to achieve the target of Sustainable Development Goals [SDGs] point 13
Application of Blockchain Technology in Cross-Border Telecommunications Network Fraud to Ensure China’s Judicial Justice
Full text linkCross-border telecommunication fraud involves criminals abroad using network technology to remotely defraud Chinese citizens. China is currently facing more severe problems in combating cross-border telecommunications network fraud, including the easy destruction of electronic evidence during the process of collecting and storing evidence, low investigation efficiency in cross-border judicial cooperation, and the difficulty in tracing stolen money involved in cases located abroad. In order to combat crime and achieve judicial justice, investigators need to use the latest science and technology to improve case handling efficiency, and blockchain technology is exactly what they are paying attention to. Blockchain technology, as an emerging technology, has the characteristics of decentralization and non-tampering, and has unique advantages in the acquisition, storage and circulation of data. Therefore, this article aims to explore the necessity and feasibility of applying blockchain technology to combat cross-border telecommunication network fraud. This article adopts qualitative approaches to analyze the current Chinese legal provisions and research literature on the field of cross-border telecommunication network fraud, and provides a comprehensive understanding of blockchain technology. This article proposes leveraging the characteristics of blockchain technology to prevent telecommunication network fraud by establishing a personal information protection mechanism and a suspicious fund flow supervision mechanism through blockchain technology. Furthermore, the efficiency of investigation can be improved by establishing an internal communication and cooperation mechanism. The authenticity and integrity of evidence can be ensured by establishing blockchain forensics and evidence storage system
Reformulation of Certain Circumstances Indicator as a Prerequisite for the Imposition of Death Penalty in Corruption Crime
Full text linkThe massive practice of corruption is a serious threat to the welfare of a country so that the Indonesian government through its regulations stipulates corruption as one of the extra ordinary crimes, the seriousness of eradicating corruption is stated by regulating the death penalty for perpetrators of corruption. the implementation of the death penalty is regulated in the law on corruption, which only applies to corruptors whose actions are committed during certain circumstances. This research analyzes the indicators of certain circumstances as a prerequisite for the imposition of the death penalty in the crime of corruption. The main approaches used in this research are conceptual approach and legislative approach. The results of this study indicate that there are weaknesses in the juridical context so that there is a need for juridical reformulation related to certain circumstances indicators as a prerequisite for the imposition of death penalty sanctions in the crime of corruption
The existence of 'Urf in the Resolution of Marriage Disputes in Islamic Law: A Living Law Perspective
Full text link‘Urf or customary law is a law that lives, develops, and is implemented by society. In the practice of marital disputes, people tend to implement customary law, or 'urf, first before resolving them through formal mechanisms regulated in statutory regulations. This research aims to analyze 'urf or customary law in marriage disputes from the living law aspect. This research is normative legal research that prioritizes conceptual and statutory approaches. The research results confirm that the position and existence of 'urf or customary law in marriage disputes is permissible as long as it does not conflict with Islamic law, guarantees benefits, and contributes to the successful implementation of Islamic law. Legal efforts to resolve marriage disputes through 'urf are viewed from a living law perspective because, as a law that applies and its value is appreciated by society, in marriage disputes, the role of 'urf or customary law is important to bring justice to the parties in dispute. Apart from that, legal efforts to resolve marital disputes through 'urf from a living law perspective can also be the first attempt to resolve marital disputes, and if efforts through 'urf or customary law are not successful, then efforts can be made to resolve them through procedures in the KHI and statutory regulations
Reconstruction of the Business Judgment Rule Doctrine in Indonesia: Legal Comparison with England, Canada, the United States, and Australia
Full text linkThis research specifically analyzes the comparison of the substance of the business judgment rule doctrine in Indonesia with that in other countries by comparing several countries, namely: England, Canada, the United States and Australia. The aim of this research is to reconstruct the future regulation of the business judgment rule doctrine in Indonesia. This research is normative legal research that prioritizes conceptual, statutory, case, and comparative approaches. The research results show that the principles related to the business judgment rule doctrine in Indonesia include the principle of good faith, the principle of prudence, the principle of expediency, and the principle of legal certainty. The characteristics of the business judgment rule doctrine in Indonesia, as contained in statutory regulations and court decisions, actually emphasize the mechanisms that must be taken by directors before making a decision, namely the obligation to prioritize the willens aspect, namely knowing a decision to be taken, and the wettens aspect, namely wanting and understanding the potential consequences. by a decision to be taken. Reconstructing the business judgment rule doctrine in Indonesia by referring to practices in England, Canada, the United States, and Australia, the BJR regulations in Indonesia actually require reconstruction or updating in the future by formulating specific regulations regarding the BJR doctrine in Indonesia and providing space for judicial institutions to develop the application of the BJR doctrine according to developing cases
Harmonization between Investigators and Advocates in the Law Enforcement Process
Full text linkLaw enforcement containing the proportional principle is how law enforcement runs in such a way, so that it does not only enforce the normative rules (aspects of legal certainty) but also the philosophical aspects (aspects and values of justice). Functional differentiation causes law enforcement practices by law enforcement officers to be fragmented and fragmentary because each component of law enforcement has different perceptions and meanings. This has an impact on the difficulty of realizing an integrated and integrated criminal justice system because there are often conflicts of interest and differences in interpretation between law enforcement components so that the products of the judiciary have not been able to meet the expectations of the people seeking justice. So in this systematic framework, the actions of one body will affect the other bodies. Research purposes namely analyzing the harmonization between investigators and advocates in the law enforcement process and analyzing the harmonization and synchronization between law enforcers. The research method in this case combines elements of normative law which are then supported by additional data or empirical elements. The system in the criminal justice system so that in practice it will have an effect on the implementation of the criminal justice system as a whole
Principles of Law in Legal Regulation of Public Relations in Modern Conditions
Full text linkThe purpose of this paper is to conduct an independent study on the position of legal principles in the legal regulation of public relations in the context of digitalization. In writing this paper, the functional research method was used. The functional research method allows for a thorough clarification of the dynamic aspects of legal principles, their practical objectives, their position and role in the law and in other elements of the legal system of society in general, and their impact on social relations in the form of legal regulation and other forms of legal influence (informational, value-oriented, psychological, system-shaping, etc.). thoroughly clarify the Although the role of legal principles in today’s various legal systems is not the same, it is nevertheless concluded that legal principles are one of the sources of law practically everywhere, whether nominal or de facto. The importance of legal principles is that they serve as a framework, the basic structure of the legal system; that they are a guide in the process of development and formation of law; that they have a significant impact on the formation of people’s legal consciousness; that they can be a direct basis for making individual legal decisions in a particular case; that they can provide a legislative blanks, reflected in the fact that legal principles can be used as a legal basis for considering legal issues, and that legal principles contribute to the correct interpretation of legal norms while they serve as a source of law
Defamation in the New Criminal Code: A Review of Substantive Justice
Full text linkThis research will discuss significant changes in defamation regulations in the New Indonesian Criminal Code with a focus on substantive justice aspects to understand their impact within the context of criminal law in Indonesia. The study employs a normative legal research method that centers on the analysis of legislation to comprehend and evaluate the regulation of defamation in the New Indonesian Criminal Code from a substantive justice perspective. Analysis is gathered from legal sources and official government documents through qualitative analysis. The research novelty is provisions for defamation in the New Indonesian Criminal Code raise questions about substantive justice. The broad scope of defamation offenses can potentially threaten freedom of speech, and the use of information technology must be monitored to avoid violating human rights. Additional penalties, such as the withdrawal of rights, must adhere to legal principles and human rights. Alignment with the principles of freedom of speech is crucial, and ongoing evaluation and reform in criminal law are necessary to uphold substantive justice. In the regulation of defamation, the protection of individuals should be balanced with safeguarding freedom of speech in a democratic society