Jurnal Hukum dan Peradilan
Not a member yet
340 research outputs found
Sort by
Reproduction of Islamic Law in The Era of Globalization and Pluralism
Full text linkThe rise of globalization values: secularism, capitalism, legal liberalization and democratic freedom that is sweeping the world today can create a disharmony of diversity during legal pluralism that exists in Indonesia between state law, religious law and customary law. The context of reproduction in this study redesigns policies based on Islamic law that have a vision that can moderate diversity in Indonesia so that the existence of Islamic law can be accepted in the context of diversity and diversity in an inclusive manner. To conduct the research, the author uses conceptual approaches and statutory law. As a result, the author concluded that legal pluralism in Indonesia should not occur strong autonomy in each legal system but increasingly interact and interconnect in the context of moderation, this complementary reproduction model of pluralism is being designed in this study
Addressing Non-International Armed Conflicts Vis-À-Vis International Humanitarian Law and Human Rights Regime
Full text linkIn contrast to traditional wars fought between States, most armed conflicts under international law have been fought within the boundary of States. Non-international armed conflicts (NIAC) are those internal wars or armed conflicts that occur inside the border of a State and include conflict between the government of a State and armed groups or only between armed organizations. Since these internal armed conflicts mirrored war between States in nearly every way, a need arose for a set of laws that might put efforts to \u27humanize\u27 their conduct at the same level as the laws regulating international armed conflict (IAC). This article highlights the significant debate between international and non-international armed conflicts and whether the difference has been virtually removed. This paper then discusses how NIAC is governed by the body of laws known as international humanitarian law (IHL). Lastly, this research looks at the debate on the difference between international and non-international armed conflicts from the standpoint of international human rights law (IHRL) to understand the characterization of armed conflicts under IHL. Indeed, there is a great deal of ambiguity in borderline circumstances due to the sliding scale for applying IHL and IHRL in NIAC, which also imposes differing obligations on the government and armed groups. Adopting a harmonious and cooperative approach may prevent any detrimental effects on the development of IHL and IHRL
The Effectiveness of Correctional Institutions for Children, Female, and Elderly Inmates in Sidoarjo District
Full text linkCorrectional Institutions are institutions implementing the criminal system whose function is to develop correctional inmates, including, in this case, women who are serving sentences and required to participate in the entire series of training activities in correctional institutions. In this case, the effectiveness of coaching prisoners can provide a good role model for others, especially prisoners of female, children, and the elderly. Then, the supporting factors can be used as examples to become even better in the future, and better solutions can be found for factors that can hinder development. This research aims to determine the pattern of coaching females, children, and elderly prisoners and to determine the factors that inhibit and support coaching. Synergy is needed between all parties involved, starting from prisoners, correctional officers, and related agencies, in cooperating with each other in carrying out training for female, child, and elderly prisoners to overcome problems in the implementation of training for female, child, and elderly prisoners, For this reason, it is necessary to carry out treatment and guidance to achieve better goals, and if the convict leaves, he will create an independent character and have a better leadership spirit
Solutions To Differences In Sentences For Parallel Integration Of Restorative Justice In Indonesian Courts
Full text linkThis study describes the problems and solutions related to differentiating sentences for the parallel integration of restorative justice in Indonesian courts. This study is normative-legal research using statute, comparative, and conceptual approaches. This study utilizes primary legal materials and secondary legal materials. This study is based on 25 (twenty-five) cases decided by judges in Indonesian courts. The research results indicate that the values of restorative justice are very relevant to the cultural values of gotong royong in Indonesia. Judges must consider the community’s cultural values and the implementation of restorative justice in their decisions. Parallel integration of justice has been re-applied in Indonesian courts. Still, in practice, judges do not have guidelines for parallel integration, so it is very possible that there will be differences in punishment for applying parallel integration. Therefore, as a solution to the problem of differentiation of sentences, the authors propose 2 (two) concepts of court decisions, namely (1) the verdict of the indictment cannot be accepted, and (2) the decision of the public prosecutor cannot be accepted
Justice for Nature: Integrating Environmental Concerns into Legal Systems for Adequate Environmental Protection
Full text linkThis research explores the importance of integrating environmental interests into the legal system, advocating justice for nature, and realizing a greener and more sustainable world. Based on a comprehensive literature review and critical analysis of relevant sources, this study identifies the key elements needed, namely effective environmental law enforcement mechanisms, active participation of stakeholders, and synergies that link community participation with environmental law awareness. A reliable law enforcement mechanism is a key pillar in environmental protection, involving a fair and efficient judicial process supported by robust law enforcement agencies and adequate sanctions. Stakeholders, including governments, law enforcement agencies, civil society, and the private sector, play a central role in policy formation, implementation monitoring, participation in decision-making, environmental advocacy, and increased awareness of environmental law. The combination of active community participation and environmental law awareness has a positive impact on maintaining environmental sustainability, with community participation covering environmental management, engaging in decision-making, and community empowerment. In contrast, environmental law awareness strengthens law enforcement, understands environmental rights and obligations, and encourages sustainable behavioral change. Thus, this comprehensive integration paves the way to a world in which the interests of nature are heard and protected, creating a more equitable and sustainable global ecosystem
The Dark Side Of Fast Fashion: Examining The Exploitation Of Garment Workers In Bangladesh
Full text linkThere have been several attempts to decrease the usage of fast fashion, but no one has been able to stop its development. We are aware that fast fashion is a business model that imitates the most recent catwalk trends, has evolved into high fashion, is produced in large quantities, and is priced affordably. Fast fashion has come under fire from a wide range of people due to the fact that no worker receives the minimum wage, yet products must be mass-produced. In addition to examining the legal and regulatory framework for protecting Bangladesh garment industry workers to fulfill their rights as laborers and how these rights are applied, this article looks at the shadowy side of fast fashion in Bangladesh. This paper elaborates on Bangladesh\u27s experience in managing the situation of a garment industry building that collapsed in 2013, killing hundreds of people inside, using a normative analysis-oriented approach. This study demonstrates that Bangladesh\u27s legal and regulatory framework for worker protection has yet to explicitly state what rights workers are entitled to. Another factor is that Bangladesh does not yet have a robust and consistent practice of human rights-based instruments considered in court and that law enforcement does not fully grasp how to execute these rights. At the same time, it is crucial to improve law enforcement interpretation for worker-focused solutions, giving their rights, and promoting human rights practices in Bangladesh
A Facile Review On The Protection Of An Invention In Nigeria: Issues And Challenges
Full text linkThe development of a nation relies on technological advancements and innovations. It is evident in the progress of countries such as the USA, China, and Russia, which are considered developed nations due to the contributions of their scientists and technicians. In contrast, Nigeria and many other African countries are categorized as developing nations primarily due to the slow pace of innovation. Despite this, the legal process of obtaining protection or a patent for inventions poses a significant challenge for scientists and technicians in Nigeria. In this regard, the study employs a hybrid research method to examine the issues and challenges related to the protection of inventions in Nigeria. A descriptive and analytical approach is used to analyze the data by distributing 253 questionnaires to respondents across various geopolitical zones in Nigeria. The findings reveal a limited number of scientists and technicians involved in technological innovation, and there are obstacles to obtaining patents or protection for inventions in Nigeria. These challenges often deter scientists and technicians from investing more effort in technological innovation. Therefore, it recommended and concluded that, for practical and improved technological innovation in Nigeria, the government should create an enabling environment and review the existing legal framework for obtaining patents over inventions
The Potential Of Judicial Review As An Incremental Business Strategy (The Emergence Of Sharing Economy And One-Stop Services Application In Indonesia)
Full text linkThe digital economic system has changed the pattern of relationships between service providers and consumers in conducting transactions. Starting from the opportunity given by the Supreme Court to online taxi service providers as part of Micro, Small, and Medium Enterprises (from now on MSMEs), application services such as Go-Jek and Grab are now becoming new spaces for national economic growth. This study will specifically answer how the judicial review process becomes a form of incremental policy, which is very important for business continuity in the industrial era 4.0. This paper can fill the research gap regarding policy alternatives response in supporting the development of the digital economy in Indonesia. This paper will be portrayed using doctrinal research methods and statutory approaches in descriptive and prescriptive styles. As a result, this paper demonstrates that the Supreme Court, as the judiciary institution, plays a central role in responding to changing societal needs. The rationality of business actors in the theory of economic analysis of law has led them to step up and look for responsive policy alternatives. This condition is proven by the judicial review decision on Case Number 37 P/HUM/2017, which was then able to save MSME actors during the COVID-19 pandemic. The development of an incremental policy model is a form of government response to support national economic growth in the digital era, which demands rapid change
Distribution Of Joint Properties According To Balanced Justice Principle
Full text linkThe structure of joint property divided governed by Law No. 1 of 1974, and the Compilation of Islamic Law must fully reflect the importance of justice and legal clarity. Based on that, the issue addressed in this journal is how to design a more reasonable and legally specific partition of the joint property after divorce for the community in the relevant marital law in the future. This study is categorized as legal-normative research. According to the study\u27s findings, the future concept of joint property law reconstruction is to incorporate the principle of balanced justice based on Pancasila into Article 37 of Law Number 1 of 1974 concerning Marriage and Article 97 of the Compilation of Islamic Law through amendments to Article 37 of Law Number 1 of 1974 and Article 97 of the Compilation of Islamic Law. The notion of balanced justice has been found in various Republic of Indonesia\u27s Supreme Court decisions. As a result, some of the legal rules in the joint property decision must be reviewed while developing joint property law regulations
Age Limitations for Presidential and Vice Presidential Candidates Post Constitutional Court Ruling Number 90/PUU-XXI/2023 A Democratic Perspective
Full text linkThe constitutional right to vote or be elected is a realization of a democratic government system. Freedom exists for every citizen or government to be able to participate in the advancement of a nation. Nominating the head of state in Indonesia is a big part of political participation for every citizen nominated by their political party to be able to run for president. However, in Indonesia, certain conditions must be met for citizens running for President, one of which is a minimum age limit. This age restriction became an academic debate until the Petitioner was tested at the Constitutional Court, where he had potential disadvantages, namely not being able to run for president even though he had experience or expertise in the world of government. This research is legal research with towards statutory case analysis. The results of this research explain that the age restrictions for presidential nomination requirements in Indonesia are not only bound by formal provisions, but the Court provides an alternative consideration regardless of the age of a presidential candidate who can nominate if they have experience or are currently serving as regional heads. The implications of the Constitutional Court\u27s Decision Number 90/PUU-XXI/2023 regarding the alternative in the form of age quality for Presidential candidacy wishes of the Community in performing their political right