Jurnal Hukum dan Peradilan
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Development Model of Gender Equality Study in Inheritance Distribution of Tanah Luwu Communities
Full text linkThis research’s aims are 1. analyze the Tanah Luwu people\u27s inheritance distribution, 2. analyze the views of Gender Equality on how to distribute the inheritance of the Tanah Luwu Tribe community, 3. analyze the model for developing gender equality in the inheritance distribution system of the Tanah Luwu people. This study uses an explorative-qualitative research method that describes the development model of gender equality studies in the distribution of inheritance for the people of Tanah Luwu by studying inheritance cases enforced concerning parts and kinship systems. The study shows that the people of the Tanah Luwu tribe generally adhere to Islam; however, they still highly respect the customs passed down from generation to generation to their families, including in inheritance. Therefore, when asked about the inheritance laws that apply, they answer Islamic inheritance laws. However, they use inheritance laws according to their wishes or the appointing system and consider it fair. Gender equality views the inheritance distribution of the people of Tanah Luwu as unfair; thus, there is concern among the heirs. Tension can lead to conflicts or disputes. The gender equality development model is the conflict management and conflict transformation approach
Personal Data Protection in Private Sector Electronic Systems for Businesses: Indonesia vs. South Korea
Full text linkThis paper explores the various practices surrounding the legal framework for protecting personal data in the context of private electronic systems used by commercial companies. The research\u27s main focus is the ambiguity of the goals of Indonesia\u27s Electronic System providers and how they may adopt better practices to enhance data protection within Electronic System Providers, so this extensive examination also includes a thorough comparison of the personal data protection laws in South Korea and Indonesia. This investigation aims to carefully define, evaluate, and harmonize the two countries\u27 unique legal systems. This study uses a normative legal research framework with a Teleological and Legal Protection approach as its research technique. Additionally, it uses the comparative law method to clarify, outline, and examine the specifics of the personal data protection laws that are now in force in Indonesia and South Korea. The results of this research go beyond identifying problems; they are expected to produce a thorough understanding of the complexities surrounding personal data security in the context of electronic commerce. These discoveries are well-positioned to be the foundation for upcoming regulatory improvements, eventually encouraging more potent and reliable data protection procedures in both nations
INSTITUTIONAL DESIGN OF THE REGIONAL HOUSE OF REPRESENTATIVES (DPRD): LEGAL POLITICAL STUDY ON INDONESIA’S LAW NUMBER 23 OF 2014 CONCERNING REGIONAL GOVERNMENT
Full text linkBy the promulgation of Law Number 23 of 2014 concerning Regional Government, there has been a shift in the institutional design of the Regional House of Representatives (DPRD in Bahasa Indonesia), especially in the aspects of the legislative function and its authority. There is an affirmation of the understanding of the DPRD as an element of regional government administration. In this context, the House of Representatives (DPR in Bahasa Indonesia) and the President deliberately combine the two types of power functions, the legislative and the executive, into one institution called the DPRD in the local government system in Indonesia. Shifting of institutional design above indicates that Regional Government Law is principally no longer categorizes the DPRD as a legislative agency but instead as an executive institution playing a role in supervising the implementation of Regional Government. Based on this Regulation, the theoretical interpretation of DPRD’s existence is interpreted as an executive institution running the legislative function
THE PRACTICE OF PUBLIC FLOGGING IN THE PERSPECTIVE OF INTERNATIONAL HUMAN RIGHTS IN NANGGROE ACEH DARUSSALAM INDONESIA
Full text linkIndonesia is a unitary state on which national law applies in all the provinces. The national law applied throughout Indonesia regulates civil, criminal, commercial, and other aspects of Indonesian society. However, an exception to the national law application exists in the Province of Nanggroe Aceh Darussalam, especially in the type of sanctions applicable towards the convicts who have committed or violated criminal law in Nanggroe Aceh Darussalam. Nanggroe Aceh Darussalam implements a different criminal law from the national criminal law applicable to other regions in Indonesia. This is due to the issuance of Law No. 11 of 2006 on Aceh Government, which gave the Aceh Province special authority to adopt and practice Islamic law to its people. One form of punishment applied in Nanggroe Aceh Darussalam is the practice of flogging carried out in public (public flogging). This form of sanction has attracted the attention of the UN Special Rapporteur who recommended that the sentence be abolished, due to its practice which is contrary to international conventions that have been ratified by Indonesia. This article will discuss the legalization of public flogging practice in Indonesia following the international conventions on which Indonesia is its member
URGENCE AND CHALLENGES OF REGULATION OF AMICUS CURIAE IN THE JUDICIAL SYSTEM
Full text linkThe judicial system in Indonesia is dynamic and adaptive to the development of science and law, not least within the scope of the Supreme Court of the Republic of Indonesia, one of which relates to the amicus curiae (friends of the judiciary). In practice, amicus curiae are generally presented in cases or trials that get public attention and the livelihoods of many people, such as the environment, land, labor, and so on. Nevertheless, there is no regulation or Supreme Court Regulation on the application of amicus curiae in the trial, but various practices have occurred within the court. This paper will discuss: (a) how the concept of amicus curiae is in the justice system in several countries, (b) the practice and application of amicus curiae in the judiciary in Indonesia, and (c) the opportunity for the Supreme Court to issue regulations or circulars that seek to regulate the implementation of the amicus curiae as part of legal developments in Indonesia. This writing uses a qualitative method with a normative juridical approach. The results of this paper conclude that amicus curiae have become a good practice in the judicial system in Indonesia, especially in public cases, and the Supreme Court has the authority to make arrangements through PERMA as a foundation and procedure guide for all judicial personnel and society in Indonesia
ACCESS TO POSBAKUM IN PANDEMIC TIMES AND THE DIGITAL ERA FOR THE COMMUNITY AS A MEANING OF SOCIAL JUSTICE FULFILLMENT
Full text linkAccess to justice for the community is a mandate from the Constitution Article 28 Paragraph 1, which states that everyone has the right to recognition, guarantees, protection, fair legal certainty, and equal treatment before the law. The development of access to posbakum is a form of fulfilling social justice for the community following the mandate of the fifth principle of Pancasila. It is also stated in Law Number 48 of 2009 concerning Judicial Power, which requires the court to assist justice seekers, try to overcome all obstacles, and achieve a simple trial, fast and low cost. Therefore, a legal aid post (Posbakum) is established at every court to help the underprivileged gain access to justice and equality before the law. So far, posbakum can only be accessed by going to court directly, so during the Covid-19 pandemic, people were hampered from getting these services. Especially for people who live in villages far from the courts, it is tough for them to access and obtain legal aid services from the courts. This paper examines how to develop posbakum so that village communities can more easily access it. It will also investigate the obstacles people in rural areas face in obtaining posbakum services. The method used is qualitative with data collection techniques through library research and interviews, coupled with a normative study of related regulations. This study shows that the existence of Posbakum, through partnerships with the village government, can provide better access to justice for village communities
LEGAL IMPLICATIONS OF THE CONSTITUTIONAL COURT DECISION ON THE APPLICATION OF RESTORATIVE JUSTICE CONCEPT IN INDONESIA
Full text linkThe decision of the Constitutional Court Number 68/PUU-XV/2017 cancels Articles 96, Articles 100, and Article 101 of Law Number 11 of 2012 on the Juvenile Criminal Justice System. With this decision, the concept of restorative justice in Indonesia evolves even a stronger legal basis. In this paper, the research method that the researcher uses is a normative juridical legal method that is prescriptive means practical or applicable. This research aims to solve the problems of the research. The results of this study explain that after this decision of the Constitutional Court has been set, it implicates the law, which is the development of the ideal concept of restorative justice in Indonesia, that is regulated clearly and firmly in the Criminal Code, the Prosecutor\u27s Law, and the Police Act, which can provide legal certainty regarding restorative justice so that it can realize the concept of restorative justice which conducting deliberation process by listening to and reassuring the aggrieved parties based on the philosophical values of the Indonesian nation that can provide social justice for all Indonesian people
LEGAL EXPLANATION (RESTATEMENT) OF THE CONCEPT OF GOVERNMENT ADMINISTRATIVE ACTIONS ACCORDING TO LAW NO. 30 OF 2014 CONCERNING GOVERNMENT ADMINISTRATION
Full text linkLaw No. 30 of 2014 concerning Government Administration (UU AP) stipulates two types of Administrative Actions, namely Government Decrees and Government Administrative Actions. In judicial practice in the administrative courts, the term Government Administrative Action is often interpreted differently from the concept of Real Action. This study aims to determine the concept of Government Administrative Action according to Law No. 30 of 2014 concerning Government Administration. The writing method used in this research is normative juridical method using statutory approach and conceptual approach. The results of the study show that the concept of "Government Administrative Action" in Article 1 point 8 of the UU AP can be interpreted grammatically, historically and systematically as Real Action as referred to in Article 87 letter a of the UU AP. The jurisdiction for administrative dispute where the objects are “real act†(government administrative action) and “written decision†(government decrees) lays on administrative court, where as for other legal acts which cannot be classified as real act (government administrative action) or written decision (government decrees) lays on the general court as residual jurisdiction (resrechter)
BENEFICIARY OF RESOLUTION BANK BY INDONESIA DEPOSIT INSURANCE CORPORATION
Full text linkAs an intermediary institution that functions to mobilise public funds, the bank has the potential to experience failure or fraud, which can cause ad decline in the bank\u27s soundness (through CAMEL; Capital, Assets, Management, Earnings, and Liquidity). The Deposit Insurance Corporation was formed to guarantee limited deposit funds (limited guarantee) as a substitute for a blanket guarantee. LPS also has an active role in maintaining the stability of the banking system by its authority where after the OJK declares a failed bank, the banks are handed over to LPS, for non-systemic failed banks, a settlement is carried out by a rescue (at the expense of the shareholders) and not perform a rescue (liquidate the failed bank). If the bank failed to have a systemic impact, the IDIC (LPS) would take care of the Systemic Failed Bank, placing a temporary capital placement (PMS) to make it sound and resale it within 3 years. The issue is: How does failing bank restructuring meets the principle of benefit by the Indonesia Deposit Insurance Corporation? The type of this research is juridical-normative research and legal materials traceability technique using qualitative analytical. This research approach uses the statute approach, conceptual approach, and historical approach. The conclusion of this paper is Resolution Bank or restructuring of the failed bank by LPS that meets the beneficiary principle must carry out the following the four (4) categories of Commercial Banks based on Business Activities (BUKU), where for categories 3 and 4, a long period of restructuring is required because the bank has many derivative products
JURIDICAL ANALYSIS OF THE CRIME OF ONLINE STORE FRAUD IN INDONESIA
Full text linkThe growth of technology has increased the buying and selling of commodities virtually. However, the lack of physical stores makes it impossible for potential buyers to evaluate the quality of their commodities or facilities. This in turn encourages the emergence of virtual shopping scams by perpetrators. This paper mainly tries to evaluate the extent of online shopping fraud in Online Store Fraud Crimes in Indonesia by using a normative juridical approach, which uses secondary data. Fraud in cybercrime requires the victim to develop a statement of the actuality of the crime to police officers. The report must be accompanied by primary evidence in electrical information or methods of publication of electronic information and data. From there, to verify the actuality of a particular type of fraud, an investigation is carried out. The procedural law related to the ITE Law in Indonesia is regulated in article 42 which states that investigations into cybercrimes are carried out against the criminal procedure provisions in the ITE Law. Finally the essay finds that the Criminal Code of virtual fraud is regulated on Electronic Data and Transactions in Law number 19 of 2016