Jurnal Hukum dan Peradilan
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The Design Of The Idea Of Judicial Preview Authority Of The Constitutional Court In The Indonesian Constitutional System
Full text linkAdopting the authority of judicial review in the context of testing laws against the Constitution carried out by the Constitutional Court should be welcomed as positive progress for institutionalizing the authority of judicial review itself. In its implementation so far, the authority of judicial review has received serious attention, as evidenced by the number of laws submitted for review in the Constitutional Court. To streamline the authority to review regulations by the Constitutional Court, it is necessary to adopt a model of judicial preview authority, namely testing draft laws, so that when they are passed, they are no longer legally problematic. This research is normative juridical research using various literature materials as the main study. The results show that the idea of adopting the authority of judicial preview is urgently needed. It is based on the consideration that so many laws are problematic both in terms of content and formation process. On the other hand, the authority of the Constitutional Court is only limited to the authority of judicial review, making it less appropriate in the context of the efficiency of judicial review of laws. Given the urgency of the application of judicial preview authority by the Constitutional Court, it is necessary to consider efforts to amend the 1945 Constitution by adding the phrase “testing draft laws against the Constitution†in the article governing the authority of the Constitutional Court as practiced in other countries such as France
Addressing Willful Blindness: A Multi-Domain Framework for Enhancing Legal Accountability and Fairness
Full text linkWillful blindness, a legal doctrine in which individuals deliberately avoid knowledge to escape accountability, plays a significant role in the adjudication of crimes such as corporate fraud, financial misconduct, and sexual assault. However, current research has not fully examined its strategic misuse or provided a comprehensive analysis of its application across different legal contexts. This study bridges these gaps by introducing a Multi-Domain Analytical Framework to evaluate the concept\u27s impact, strategic use, and broader implications in both criminal and civil cases. Empirical findings reveal that willful blindness is often employed to evade legal responsibility, undermining justice and compromising the fairness of legal outcomes. The study further demonstrates the inadequacy of existing legal standards and evidentiary requirements in addressing this issue. To counter these challenges, the research proposes targeted policy reforms designed to strengthen accountability, enhance evidentiary clarity, and improve the overall fairness and effectiveness of the legal system. In conclusion, willful blindness remains a critical and manipulative tool with profound implications for justice and accountability. This study highlights the necessity of reforming legal frameworks to mitigate the strategic exploitation of willful blindness. By setting the stage for further research and policy development, the findings contribute to the ongoing evolution of a more just and equitable legal system capable of addressing the complexities of modern legal challenges
Implementing The Anti-Money Laundering Law: Optimizing Asset Recovery in Corruption Cases in Indonesia
Full text linkCorruption is still a severe problem in Indonesia. In 2022, the Attorney General Office of the Republic of Indonesia alone succeeded in handling 405 of 597 corruption cases in 2022, with a state loss of 39.207 trillion out of a total of 42.747 trillion. When the state loss is combined with the state economic loss, which refers to the indirect financial impact on the state due to corruption, the number will be up to IDR142 trillion. However, the total asset recovery through fines and state loss compensation was only IDR 8.9 trillion. Thus, it only recovers about 12% of state losses due to corruption. One of the efforts to recover state losses is applying the law on money laundering because its main objective is to pursue the proceeds of a crime, including corruption. This paper discusses how the money laundering law will be more optimal in recovering state losses due to corruption and its application in several cases. The method used in this study is normative legal research, especially case studies relating to implementing a money laundering law on corruption cases. From the study, it can be concluded that the anti-money laundering law was not optimally applied in asset recovery in corruption cases. Only in corruption, which indicates an actual state loss, can the anti-money laundering law be applied. Moreover, there should also be an indication that the money laundering process follows corruption. Applying the Anti-Money Laundering Law, whether in the investigation, prosecution, or trial of criminal acts of corruption, has not been optimal, so it has not supported efforts to recover state losses
Strengthening Sharia Microfinance Regulations And Business Models In Indonesia
Full text linkThis article aims to elaborate on the regulation and model of Islamic microfinance in Indonesia. A clear understanding of the types of microfinance and the business model run by Islamic microfinance is needed to answer the problems faced by this institution. Solid and stable Islamic microfinance institutions serve a critical role in increasing access to loans and business capital for the poor and micro-enterprises. So far, the poor have not been reached by formal financial institution programs. This study employs a normative juridical approach using primary and secondary legal documents. The study results show that the role of the sharia supervisory board and the Cooperatives and SMEs Office has not played an optimal role in ensuring the compliance of microfinance managers with sharia principles and values and prudent microfinance management. The presence of regulations and institutions that guarantee sharia microfinance deposits is needed to protect managed funds and increase public trust
The Authority Analysis of Non-Legal Entity Organization and Opportunities for Dispute Resolution Through Litigation
Full text linkArticle 28 of the Indonesian Constitution is formulated to guarantee the freedom of associations and assembly, including the formation of community organizations (ormas). Ormas holding legal entity status are accommodated under associations, while non-legal entity ormas can still register but do not have the same status. The distinction between ormas and associations lies in their legal recognition. Associations possess legal entity status, while ormas are considered non-legal entities. According to Article 20 of Law No. 17 of 2013, ormas have the right to cooperate with other entities to develop and sustain their organizations. However, such cooperation may give rise to conflict, which cannot always be avoided. This raises important questions, such as "Do ormas administrators possess full authority to undertake all legal actions?" and "What avenues are available for ormas to resolve disputes through litigation?" To address these questions, doctrinal research is conducted using both legislative and conceptual methods. The results shows that the authority of ormas administrators is strictly limited by legal provisions. Since ormas lacks the legal standing required of legal entity, they are are unable to resolve conflicts through litigation. In light of such challenges, it is recommended that ormas registration system include a comprehensive list of members authorized to act on behalf of the organizations in civil actions with third parties. This measure would enable ormas to explore non-litigation channels for resolving civil disputes, offering a practical alternative to formal court proceedings
The Constitutionality Of The Practice Of Euthanasia Against Parents In Maqashid Sharia And Human Rights
Full text linkEfforts to take a conscious action that can hasten the death of a person due to compassion and pity for the condition experienced by that person is called euthanasia or "qatlurrahmah" (killing out of compassion and sympathy). This study wanted to analyze whether or not a child should practice euthanasia against their parents who have been sick for a long time or suffer from chronic diseases that cannot be cured and even coma for a long time. The method used in this study is a normative legal method with a conceptual approach (conceptual approach) and legislation (statute approach). The results showed that the practice of euthanasia against parents was against maqashid sharia namely to realize the benefit of human life, especially the protection of the human body and soul (hifzhun Nafs), the right to live, and life as a form of protection of human rights as regulated in the Indonesian Constitution Article 28 A of the 1945 Constitution and reinforced by Article 28 I of the 1945 Constitution
Prospect, Legal, and Health Risks in Adopting The Metaverse in Medical Practice: a Case Study of Nigeria
Full text linkThe Metaverse provides a prospective opportunity for medical practitioners to improve patient engagement, training of medical personnel, and simulation-based learning. It allows for immersive telemedicine medical practice, enabling medical practitioners to render medical services to patients in remote areas through realistic virtual consultation and training of medical personnel and students through a lifelike simulation. However, despite the potential of the Metaverse concept in medical practice, certain legal and medical issues could mitigate its usefulness. In this regard, this study adopts a hybrid method of research in ascertaining the prospect, legal, and health risks of utilizing the metaverse in medical practice. 256 questionnaires were distributed, and the result obtained was analysed using descriptive and analytical methods. The study found that there are several potentials for utilizing the metaverse in medical practice. However, there are legal and medical risks in utlising the metaverse in medical practice and they include; patient data privacy, regulation, licensing, patient consenting to virtual medical treatment, and accountability for medical errors in the metaverse. Furthermore, the study also found that spending longer hours in the metaverse could result in sedentary behavior, associated with medical issues like obesity, musculoskeletal disorders, and cardiovascular problems. It was therefore concluded and recommended that the metaverse holds significant promise for the future of medical practice in Nigeria, offering innovative solutions that can transform healthcare delivery and education. However, to avoid legal and medical issues that may occur, there is a need for regulatory compliance with healthcare regulations
Aspects Of Justice Of Marriage Dispensation And Best Interests For Children
Full text linkMarriage dispensation is an application for a marriage permit made by the parents or family of a prospective husband or wife who is not yet 19 years old to enter into a marriage at the Religious Court. This paper briefly describes the justice of marriage dispensation and the children\u27s best interests. The main topics discussed in this paper are the marriage laws and marriage dispensations according to the Law, the best interests of the child explained according to the Law, and to compromise between marriage dispensation and the child\u27s best interests. The method used in this research is normative research by examining legal norms in legislation and decisions of the Constitutional Court. The content of this paper reveals that despite being deemed as contradictory to the Law as per the ruling of the Constitutional Court No. 22/PUU-XV/2017 dated 13 December 2018, which sets the minimum age for marriage according to Article 7 paragraph (1), child marriages facilitated by marriage dispensations persist in Indonesia. Furthermore, not every petition for marriage dispensation receives approval from the judicial panel. The decision on dispensation requests hinges on a thorough evaluation of the merits of the application and the potential impact on the child\u27s future well-being, prioritizing the child\u27s best interests
Prosecutorial Application of Restorative Justice: Overview, Mechanism, and Commentary on Prosecution Cessation
Full text linkThis article discusses the implementation of prosecution cessation based on restorative justice by the Indonesian Public Prosecution Service. Restorative justice was introduced as an out-of-court criminal case settlement with certain conditions. Nevertheless, an unpopular opinion against the implementation of the prosecution cessation based on restorative justice as it is considered to deviate from the Indonesian Criminal Procedure Code. The purpose of the research in this article is to describe the concept of restorative justice, the implementation of the prosecution cessation based on restorative justice by the Indonesian Public Prosecution Service, as well as a juridical study of the implementation of prosecution cessation based on restorative justice in the perspective of the Indonesian Criminal Procedure Code. The research method in this article is normative juridical. Restorative justice is considered to be able to meet a sense of justice for the victim and society, as the perpetrator is required to be responsible for restoring the victim\u27s condition to its original state by prioritizing mediation and dialogue. Coming from the perspective of the Indonesian Criminal Procedure Code, the implementation of stopping the prosecution based on restorative justice has the potential to become an object of pretrial. However, from the perspective of the idea of law, the prosecution cessation based on restorative justice satisfies the triad of justice and utility as the idea of law
Strengthening The Implementation of E-Court-Based Judiciary As A Legal Protection In The Implementation of E-Litigation-Based Trials
Full text linkE-Court has been implemented in all courts in Indonesia. However, among legal experts, implementing electronic-based trials (e-litigation) raises pros and cons, especially when parties must attend the trial. This situation is interesting and must be investigated immediately to create legal certainty. The issues that will be examined are: 1) the appropriateness of electronic trial arrangements (e-litigation) based on Supreme Court Regulation of the Republic of Indonesia Number 7 of 2022 dated October 10th2020, and 2) the form of strengthening the implementation of electronic trials (E-Litigation) in e-court. The research method used in this research is normative-empirical legal research, also known as applied law research. The data types used to study normative-empirical legal research are primary and secondary. The results show that 1) Electronic trial arrangements (e-litigation) based on the Supreme Court Regulation of the Republic of Indonesia Number 7 of 2022 concerning the Administration of Cases and Trials in Electronic Trial (e-litigation) are appropriate. However, this regulation still needs to be improved and strengthened so that the litigants as e-court users can obtain law enforcement and justice. 2) The regulation of e-courts needs to be strengthened, as the law must absorb what the community wants in judicial practice. Policy strengthening regarding e-court can be carried out through a) amendments to the Judicial Powers Act, primarily related to regulations for the electronic announcement of decisions as a consequence of legal reforms; b) establishment of the law on the implementation of e-court and e-Litigation; c) establishment of a new Perma to strengthen Perma No. 7 of 2022