Jurnal Hukum dan Peradilan
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Electronic Evidence in The Healthy Justice System: Reimagined
Full text linkThis study addresses one of the critical difficulties related to the admissibility of electronic evidence. This essay examines the reliability of electronic evidence in foreign criminal and civil justice systems and offers suggestions for revising the reliability of electronic evidence in Indonesian court processes. In terms of the legitimacy of electronic evidence in the criminal justice system, the method adopted is the present comparative policy approach in various nations. The paper presents the concept of a rapid check mechanism for verifying electronic evidence, which swiftly advances the settlement of criminal and civil cases
Analysis of Legal Certainty Aspects in Indonesian Marriage Registration Rule
Full text linkThis paper examines the legal certainty aspects of marriage registration regulations in Indonesia. The controversy over whether or not a marriage is lawful without registration is still ongoing, depending on how Article 2 of Act No. 1/1974 regulating marriage is interpreted. The research method used in writing this paper is a literature study with normative legal research and descriptive analysis. Using the legal certainty aspect approach, the author analyzes various laws and regulations regarding marriage registration objectively. According to the findings of this study, the Marriage Act requires that every marriage be documented or registered by the marriage registration officer. However, Presidential Regulation (PERPRES) Number 96 of 2018 and Minister of Home Affairs Regulation (PERMENDAGRI) Number 9 of 2016 provide an alternative for those whose marriages have not been documented to create various population administrations by attaching a Statement of Absolute Responsibility (SPTJM). These two contradicting requirements have generated legal uncertainty in Indonesian marriage registration
Freedom Of Religion And Belief Under Supreme Court Verdict Study Case On Supreme Court Decision Number 17/P/HUM/2021
Full text linkFreedom of religion or belief (FoRB) is one of the human rights stated in the 1945 Constitution. Article 29 paragraphs (1) and (2) of the 1945 Constitution. The recognition of religion guarantees the independence of each of its inhabitants to embrace their respective religions and to worship according to their religion or beliefs. The state guarantee on FoRB consists of assurance for the internal and external forums. Freedom to embrace religion or belief is an internal forum for everyone, an absolute right as regulated in ICCPR that Indonesia has also ratified. In fact, this provision is also regulated in Article 28 I paragraph (1) of the 1945 Constitution. The fulfillment of the right to FoRB is frequently discriminated against in Indonesia. The issue of forcing to wear school uniforms with hijab for non-Muslim female students is still common in many public schools in Indonesia. The State has issued a joint decree (SKB) of 3 ministers to normalize the discriminatory status quo. However, the attempt to return it to its normal position was thwarted by the LKMM, which carried out the SKB test. Unfortunately, the Supreme Court (SC) canceled the SKB because schools have the right to carry out religious education and instilled values. The judges ratio decidendi made by the SC Justices were very dry from the perspective of freedom of religion or belief in canceling the 3 Ministerial Decrees. The judge saw the issue of forcing to wear hijab on non-Muslim students from the perspective of the majority religious thought without noticing that Indonesian society is very diverse. Therefore, the protection of the right to FoRB should also safeguard the religious minorities rights. This paper will examine decision made by judiciary power in term protecting the FoRB right. This verdict will be reviewing toward to justice consideration (ratio decedendi) and legal archicteture in filling the norm FoRB. Moreover, it will also appraise to judicial behavior based on breakfasting theory
Indonesian Omnichannel Banking: How Far Do Governing Laws Protect Customer\u27s Data Privacy
Full text linkIn the digital transformation era, banks have been working to implement a digital strategy that will lead to lower costs, better service, higher profitability, and the desired level of customer satisfaction. Utilising marketing technology for consumer engagement is essential to bringing in more customers without increasing costs. Omnichannel is the marketing strategy that offers more services to customers by having them interact with it across all available physical and digital channels at any time, resulting in higher customer satisfaction and loyalty. Customer data is significant information that may be used at any stage of the digital marketing process. The Protection of Personal Data Act of 2022 and the Act of Development and Strengthening of the Financial Sector of 2023 govern consumer data protection at all stages of marketing activities, including data processing, profiling, and collaboration with other organisations. This study reviews how far the governing laws can protect consumer private data in utilisation in the company\u27s digital marketing program to boost utilisation of the company\u27s omnichannel approach. The study discovered that governing laws can protect the customer\u27s private data in the banking omnichannel approach. Customer data are governed clearly and strongly by the regulations at all marketing program phases that could potentially be exploited, so both laws will be able to prevent illegal activities of customer data optimally in the future. Lastly, customer approval is critical for the Bank\u27s use of all customer data
The Religious Court Trial Of Wali Adhal Cases In The Indonesian Legal System: A Legal Analysis
Full text linkMarriage combines the husband-wife relationship and unifies two families of different ethnicities, cultures, and backgrounds. The consent of the wali is a significant function of the family, particularly the prospective bride\u27s family. Marriage requires the permission of the wali because it is null and void without it. In actuality, the wali of the prospective bride may be hesitant to marry off the woman under his supervision for various reasons, both Shar\u27i and non-Shar\u27i. As a result, the prospective bride must apply to the Religious Court for wali adhal for the marriage to occur. This qualitative research employs a normative legal approach, which examines legal norms found in laws and regulations, judge judgments, and other legal sources. According to the findings of this study, wali adhal cases are currently evaluated by voluntary trials or unilaterally. However, because it is unilaterally assessed and there is no opponent, fulfilling the legal purpose of building integrative justice in this examination requires considerable effort. Therefore, wali adhal cases must be examined using a contentious trial
Gender Mainstreaming through Guarantees of Legal Protection and Access to Justice for Women and Children in Religious Court
Full text linkBarriers to realizing accessibility for women and children in religious courts are still quite significant. Even after five years have passed since Supreme Court Regulation Number 3 of 2017 on Guidelines for Trying Women’s Cases in Conflict with the Law was published. The initial suspicion is that this is still an unresolved problem because law enforcement’s sensitivity to the needs of women and children has yet to be developed. Gender mainstreaming is then encouraged to overcome this. The problem that is the focus of discussion in this research is how to increase the accessibility of justice for women and children in religious courts. The aim is to elaborate and analyze the problem of how to increase the accessibility of justice for women and children in religious courts. The research method used is normative juridical, the research specification is descriptive analysis, and the data collection technique is library research. The research results show that most of the existing obstacles in access to justice and law for women and children after divorce still exist and still need to be resolved. The Supreme Court, as the supervisor of religious courts, has issued several regulations to overcome this problem. In fact, after several of these regulations were issued, difficulties with access to justice continued to occur, primarily related to the implementation of decisions/ executions. Gender mainstreaming by judges and religious court officials is needed to narrow the gap in access to justice and law for women and children after divorce. The urgency is because women and children are vulnerable parties, have limitations, and have extensive obstacles in accessing justice in court. Hence, they require support for convenience, priority access, simplification of business processes, and additional authority for judges in their positions (e.g., officio) when handling cases of women and children
A Chance to Defend Regional Heads in The Procedure of Regional Head Dismissal as A Manifestation of The Proportionality Principle
Full text linkThe existence of regional autonomy in Indonesia is implemented through regional leaders who have the authority to run local government. When carrying out their duties, regional leaders are supervised by other state institutions as a form of checks and balances in government power. Hence, the procedure to dismiss regional leaders regulates to involve the Regional People\u27s Representative Assembly, the Supreme Court, and the President through the Minister of Home Affairs as a form of right to dismiss. However, the existence of the proportionality principle in the procedure to dismiss regional leaders, through the right given to regional leaders to defend themselves, has yet to be regulated in the law. This article talks about two things: first, the procedure to dismiss regional leaders, and second, the legal consequences and the position of a chance to summon regional leaders to explain and defend themselves in the procedure to dismiss regional leaders. This article aims to find the importance of proportionality principles in the procedure to dismiss regional leaders. The method used in this article is legal research, with statutes, conceptual, and case approaches. The results of this research show that although the procedure to dismiss regional leaders has been regulated in law, applying the proportionality principle only exists in jurisprudences. Hence, an ius constituendum is needed to determine legal consequences and certainty regarding the procedure to dismiss regional leaders
Analysis Of Labor Rights After The Job Creation Law In Perspective Of Human Rights
Full text linkThe Job Creation Law has caused controversy from various circles of society, both in terms of the procedure for its formation and the contents, especially the labor cluster. Many materials in the Job Creation Law reduce workers’ rights by creating a flexible working relationship. The relationship is more in favor of the interests of employers, thus raising the issue of legalizing modern slavery, which is contrary to human rights. This study analyzes changes in workers’ rights, especially regarding wages, specific worktime agreements, outsourcing, and severance pay from a human rights perspective. This research was normative legal research, namely on the substance of workers’ rights after the Job Creation Law from a human rights perspective, with a statutory approach and a conceptual approach. The analysis revealed that the job creation law policy is an effort to create the broadest possible employment opportunities and attract greater investment to Indonesia. In addition, it is to realize the human rights of workers who have not worked. The changes in the Job Creation Law and its implementing regulations that abolish and reduce workers’ rights and make work relations more flexible can violate workers’ human rights. On the other hand, the Government is trying to strike a balance by creating new and fair workers’ rights
Preventing Human Trafficking In Indonesia: The Role Of Legal Empowerment Programs
Full text linkTrafficking in persons or human trafficking, especially women and children, must be eradicated because it violates human dignity and human rights. This article examines and explores the root causes of human trafficking, the criminal sanctions, and the decisions of judges/trials on trafficking in persons in Indonesia to prevent trafficking in persons through legal empowerment. It is based on normative legal research, that is, legal research conducted by examining literature or secondary data. The study reveals that there are at least 10 (ten) root causes of trafficking in persons, which occur in various places in the world, including in Indonesia, namely poverty, lack or low level of education, demand for cheap labor/demand for sex, lack of the implementation of the human rights laws for vulnerable groups, lack of legitimate economic opportunities, Social factors and cultural practices, conflict and natural disaster, trafficking market as a business that generates a large profit, lack of safe migration options, traffickers. There are criminal sanctions against trafficking in persons in Indonesian legislation. This article highlights the importance of the use of legal empowerment in Indonesia to prevent trafficking in persons and address its root causes
The Principle Of Democracy And Participation In Making Village Regulations As An Effort To Develop A Just Village
Full text linkOverall, of course, development was carried out from the village, considering that as a country, Indonesia has thousands of villages, which must be carried out in a just development; of course, this development must be based on applicable laws, both laws on villages and village regulations, as the legal basis for carrying out this development. A good village regulation is certainly based on democratic principles and the principle of aspirations in making it. Normative legal research was used based on secondary data sources, especially the Law of the Republic of Indonesia Number 6 of 2014 on Villages, and analyzed qualitatively. The results of the study concluded that, first, good village regulations must contain the principles of democracy and aspirations in the process of making them so that they could produce village regulations in line with the mandate of the Pancasila and the 1945 Constitution of the Republic of Indonesia, and what was expected by the local village community, so that they could make a village as the main pillar for the progress of the Indonesian nation and state both in the present and the future. Second, A just village development must be based on village regulations to carry out development in villages, both village infrastructure development and village human resource development, as mandated in the Law of the Republic of Indonesia Number 6 of 2014 on Villages