e-Journal Balitbangkumham (Balitbang Hukum Dan Ham)
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Measuring the Quality of Legal Aid Services as the Embodiment of Access To Justice
Get PDFSince the enactment of Law Number 16 of 2011 concerning Legal Aid, the practice of legal aid services still has several problems including not being able to reach all districts/cities due to the limited number of Legal Aid Organizations that can provide services. This paper aims to describe the implementation of legal aid services and analyze optimal strategies in improving the quality of legal aid services. This study used two approaches, qualitative and quantitative or commonly referred to as the Mix Method. Data collection methods used in this study are surveys, interviews and document studies. The results of the study show that the quality of legal aid services as a manifestation of access to justice can be said to be very good by referring to the results of the assessment on the performance of legal aid organization units and the quality of litigation and non-litigation legal aid services. However, several aspects need attention, namely the information aspects in litigation services and the procedural aspects of non-litigation services.  Guided by the results of the study, a strategy is needed to improve the quality of legal aid organization services by increasing access to information to service recipients. Legal Aid providers can use online surveys in evaluating the implementation of legal aid services throughout Indonesia. This strategy is the right step, effective, efficient and in accordance with the pandemic conditions and technological advances. Â
Public Participation after the Law- Making Procedure Law of 2022
Get PDFConstitutional Court Decision No. 91/PUU-XVIII/2020 affects Law no. 11 of 2020 concerning Job Creation. More than that, the Constitutional Court’s decision seems to portray the fundamental problems of the law-making process that must be corrected immediately. These problems are, first, the Omnibus method in Law no. 12 of 2011 concerning the Establishment of Legislation. Second, procedural error and a change in the text after the mutual agreement. Third, ignoring meaningful public participation in the formation of laws. This research will focus on correcting the Constitutional Court to the process of law formation to prioritize meaningful participation, not just a mere formality. The legislators then followed up the Constitutional Court’s notes by revising Law no. 12 of 2011 concerning the Establishment of Legislation for the second time become Law no. 13 of 2022, one of the substances of which is to change the provisions of Article 96, which contains the regulation of public participation in the formation of laws. The formulations of the problem raised in this study are: what is the meaning of meaningful public participation in the construction of rules based on the Constitutional Court Decision No. 91/PUU-XVIII/2020, and what is the ideal arrangement in Law no. 12 of 2011 concerning the Formation of Legislations to accommodate meaningful participation in the formation of laws. This study found that Law no. 13 of 2022 cannot accommodate meaningful participation because it is still a right and not an obligation. Then legislators must create information technology-based tools that help increase meaningful participation in law-making
The Urgency of Reharmonization in Construction of The Stage Formation of Law
Get PDFIndonesia is a state of law that relies on a rule of law formed as a basic rule in the state and society. The law as the primary basis must be made following the principles of the Formation of good law so that it is expected that later it can be applied and has binding legal force for all levels of society. However, the current situation is far from the expectation of the formation of good law. For example, the Formation of a job creation law which is considered not to involve the community actively, many articles are contrary to legal principles, disharmonized and unsynchronized between law. The formation of law seems in a hurry so there are many errors in writing (typo) and many other things. Therefore, it is necessary to reconstruct the stages in making good law. This paper uses normative research with a statutory approach, a comparative approach, and finally concludes with a conceptual approach where concepts that are considered suitable can be applied in Indonesia. This article provides two conclusions. First, the practice of harmonization, synchronization and consolidation of conceptions that have been well implemented but only exist at the planning and drafting stages of the Bill. While after the discussion/mutual agreement (plenary), no further harmonization and synchronization are carried out. Second, the post-discussion (plenary) re-harmonization stage can provide space for the implementation of educational facilities, consultations and publications of pre-validation and enactment of law that will be ratified in the form of meaningful public participatio
Government Responsibility Post Covid-19 Pandemic with The Increase of Social Problems in Society
Get PDFThe post-covid-19 pandemic in Indonesia has had a major social impact on society in the form of unemployment and divorce. The problem is whether the government can be held accountable for its policies in the context of overcoming the COVID-19 pandemic which has caused many social impacts on the society. The is study aimed to determine the government's responsibility for increasing social community such as increasing layoffs (PHK) and divorce in the society during the pandemic. The research methodology applied empirical methods. The results were based on the theory of government action, which is an action taken by state administrators in carrying out government duties that cause disputes between the people and the government. In Indonesia, the responsibilities of the government have not been regulated, and in practice, the society is still neglected. Society has surrendered to the consequences of the PPKM policy during the COVID-19 pandemic. Even if there are people who will file a civil lawsuit against the government. This lawsuit against government officials in the civil sector in Indonesia is based on the unlawful acts of the government as regulated in Article 1365 of the Civil Code. Â The responsibilities of the Government other than in the field of civil law is in the field of state administrative law
Freedom Of Speech and Human Rights: What Can Civic Education Do?
Get PDFPancasila and Citizenship Education can be considered as a way to improve citizens’ opinions. This research is a critical literature review of 40 articles from 2017 to 2022 and focuses on research progress on freedom of expression. The formulation and findings of this study indicated that the practice of freedom of expression in Indonesia has been regulated by law, but in some aspects, it is subject to restrictions. People are often act uncontrollably and abuse their freedom of speech. The impact of the existence of freedom of expression is that people can express themselves but must remain in the corridor of respecting the rights of others and actively participate in providing constructive suggestions for the state. Thus, this study concludes that freedom of expression must be balanced with good delivery procedures, citizenship and civility in expressing opinions is a cultural challenge that must be resolved to build healthy freedom of speech. Citizens’ civility for opinion and expression is recommended as one of the crucial issues that should be discussed and developed in Pancasila and Citizenship Education and as well as for inclusive education program.Humans have basic rights to life, one of which is freedom of opinion. Democracy guarantees the freedom of its citizens to express their opinion. However, in the practice of freedom of expression, several problems were found related to ethics of opinion and restrictions on freedom of expression. This study aims to analyze the practice of freedom of expression and its relation to human rights, the impact of freedom of expression, and the role of PPKn in improving civic civility in expressing opinions. This research is a critical literature review reviewing 40 articles from 2017 to 2022 and focuses on research progress on freedom of expression. The formulation and findings of this study are that the practice of freedom of expression in Indonesia has been regulated by law, but in some aspects, it is subject to space restrictions. People are often uncontrolled and abuse their freedom of expression. The impact of the existence of freedom of expression is that people can express themselves but must remain in the corridor of respecting the rights of others, and actively participate in providing constructive suggestions for the state. Thus, this study concludes that freedom of expression must be balanced with good delivery procedures, citizenship in expressing opinions is a cultural challenge that must be resolved to build healthy freedom of opinion. Citizens' civility for opinion and expression is recommended to be one of the crucial issues that should be discussed and developed in Pancasila and Citizenship Education and is also recommended for inclusive education program plans
Urgensi Penghormatan Otonomi dan Hak Menerima Informasi Vaksinasi Covid-19 dalam Konteks Kewajiban Vaksinasi
Get PDFCurrently, the Covid-19 vaccination coverage is quite high, reaching 62%. Ironically, there are many rejection and inappropriate motivation in receiving vaccines. Enthusiasm for vaccination didn’t represent the understanding regarding vaccination. Lack of understanding can be caused by limited or ineffective information. To describe the provision of information during the Covid-19 vaccination, a descriptive qualitative study was conducted with in-depth interviews with ten respondents. The data was analyzed by making coding and themes and compared with references. The results showed that four out of ten respondents didn’t receive information prior to the Covid-19 vaccination. It was also found that the motivation to receive vaccines was only as an obligation and for using public facilities. On the other hand, vaccinators had limitations in providing information and only prioritize vaccination coverage. Without adequate information, receiving vaccine would be a mere compulsion. Respect for autonomy of vaccine recipients and rights to receive information as parts of human rights didn’t work. The obligation to receive the Covid-19 vaccination in the context of a pandemic must respect the rights and autonomy of the community. Collaboration from the government and local leaders and structured coordination are needed so that the Covid-19 vaccination is accordance with ethical standards.Saat ini cakupan vaksinasi Covid-19 cukup tinggi, yaitu mencapai 62%. Ironisnya, penolakan terhadap vaksin dan motivasi yang kurang tepat dalam menerima vaksin masih banyak ditemukan. Antusiasme vaksinasi tidak berarti menggambarkan motivasi dan pemahaman yang benar terkait vaksinasi.  Kurangnya pemahaman dapat disebabkan karena terbatasnya informasi yang benar atau penyampaian informasi tidak efektif. Untuk mengetahui gambaran pemberian informasi saat vaksinasi Covid-19 dilakukan penelitian kualitatif deskriptif dengan wawancara mendalam terhadap sepuluh orang responden. Data dianalisa dengan membuat koding dan tema lalu dibandingkan dengan referensi dan teori yang memadai. Hasil penelitian menunjukkan empat dari sepuluh responden tidak menerima informasi sebelum vaksinasi Covid-19. Ditemukan juga motivasi menerima vaksin hanya sebagai kewajiban dan syarat menggunakan fasilitas publik. Di sisi lain, vaksinator memiliki keterbatasan untuk memberikan informasi dan hanya mengutamakan tercapainya cakupan vaksinasi. Tanpa informasi tentang vaksinasi yang memadai, menerima vaksin akan menjadi keterpaksaan belaka. Penghormatan otonomi dan hak menerima informasi medis sebagai bagian dari hak asasi manusia tidak berjalan. Kewajiban menerima vaksinasi Covid-19 dalam konteks pandemi harus tetap menghormati hak dan otonomi masyarakat. Diperlukan kolaborasi dari pemerintah dan pemimpin setempat serta koordinasi terstruktur sehingga pelaksanaan vaksinasi Covid-19 tetap sesuai standar etika
Analisis Yuridis terhadap Kewajiban Pemenuhan Hak Asasi Manusia dalam Praktik Bisnis Perkebunan Kelapa Sawit
Get PDFHuman rights are natural rights inherent in every human being. In the classical human rights paradigm, the state is considered the main actor carrying out obligations to fulfill human rights as stated in the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR). However, with the emergence of factsregarding the impact of the company’s presence in a number of human rights violations, both domestic and multinational, there has been a discourse on the importance of non-state actors to be drawn as stakeholders in the human rights regime through the UNGP Principles in 2011. Agrarian conflicts as a result of the presence of oil palm plantations become a separate problem for business entities in the fulfillment of human rights, especially ESC rights, as a manifestation of the implementation of social and environmental responsibility norms. The method used in this research is normative legal research with a statute approach and a conceptual approach. This study aims to provide a juridical understanding that oil palm plantations as non-state actors also carry out obligations in fulfilling human rights.Hak Asasi Manusia merupakan hak kodrati yang melekat pada setiap insan manusia. Dalam paradigma klasik HAM, negara dianggap sebagai aktor utama pengemban kewajiban pemenuhan HAMsebagaimana disebutkan dalam Kovenan Internasional Hak Sipil dan Politik (SIPOL) dan Kovenan Internasional Hak Ekonomi, Sosial dan Budaya (EKOSOB). Namun, dengan munculnya fakta mengenai dampak kehadiran perusahaan dalam sejumlah pelanggaran HAM, baik domestik maupun multinasional, muncul wacana pentingnya aktor non- negara untuk ditarik sebagai pemangku kewajiban dalam rejim HAM melalui Prinsip UNGP pada tahun 2011. Konflik agraria sebagai akibat dari kehadiran perkebunan kelapa sawit menjadi problem tersendiri bagi entitas bisnis dalam pemenuhan HAM, khususnya Hak EKOSOB, sebagai wujud dari pelaksanaan norma tanggung jawab sosial dan lingkungan. Metode yang digunakan dalam penelitian ini adalah penelitian hukum normatif dengan pendekatan statute approach dan conceptual approach. Penelitian ini bertujuan untuk memberikan pemahaman yuridis bahwa perkebunan kelapa sawit sebagai aktor non-negara juga mengemban kewajiban dalam pemenuhan HAM
Human Rights and Persons with Disabilities: Design of Buk-Smart-Logi Learning Media (Technology Smart Books) as an Islamic Education Learning Media Innovation
Get PDFThe effectiveness of teaching and learning processes, particularly in religious education, heavily relies on the quality of learning media utilized. However, a significant challenge persists related to the absence of inclusive learning systems, thereby hindering the realization of equal access to education as a human right. This observation is drawn from the analysis of inclusive learning media in Indonesian schools. In response, educational institutions must adopt learning media that accommodate individuals with disabilities, enabling all children to study together in integrated settings. To address this gap, the Buk-Smart-Logi (Book Smart Technology) innovation has been introduced, aimed at enhancing student learning outcomes and fostering inclusivity across educational settings in Indonesia. This research employs the Research and Development (R&D) approach using the simplified Borg and Gall model. The study's objectives include assessing the validity of Buk-Smart-Logi media and examining its role in supporting inclusive learning, particularly in Islamic Religious Education. Emphasizing human-friendly design, this media innovation seeks to ensure that education remains accessible to every citizen, including those with disabilities. By enhancing accessibility and inclusivity through innovative learning media, such as Buk-Smart-Logi, the research not only promotes educational equity but also upholds the principles of human rights in education. It underscores the imperative of creating environments where all learners, regardless of ability, can actively participate and benefit from educational opportunities, thereby fostering a more inclusive and supportive educational landscape in Indonesia
Reaktualisasi Hak Atas Pelayanan Kesehatan Mental Pasca Pandemi Covid-19 di Indonesia: Sebuah Ius Constituendum?
Get PDFThe Covid-19 pandemic has increased the need for mental health services in Indonesia. However, the government hasn’t prioritized the mental health aspect in handling the pandemic. The WHO has stated that the COVID-19 pandemic has created a worldwide mental health crisis. This article aims to examine whether the fulfillment of mental health is the state's responsibility, what is the urgency of the fulfillment of mental health services and how is the ius constituendum for the fulfillment of the right to mental health services in Indonesia. By combining doctrinal research and Research-Oriented Reform, this article finds that based on the UDHR, ICESCR, 1945 Constitution of the Republic of Indonesia, Health Law, and Mental Health Law stipulate that the fulfillment of mental health services is the state’s responsibility. However, Indonesia law hasn’t fulfilled facilities and access to mental health laws. Therefore, the article recommends three things. First, Promulgate the Psychology Practice Bill which regulates the development and management of human resources in the psychology profession. Second, Ratify the Government Regulation of the Mental Health Law regarding the procedures for implementing mental health services. Third, Ratify Regional Regulations to regulate mental health administration’s planning, financing, and supervision.Pandemi Covid-19 telah meningkatkan kebutuhan atas pelayanan kesehatan mental di Indonesia. Walaupun demikian, pemerintah belum memprioritaskan aspek kesehatan mental dalam penanganan pandemi. Padahal WHO menyatakan bahwa pandemi Covid-19 telah menciptakan krisis kesehatan mental di seluruh dunia. Artikel ini bertujuan untuk mengkaji apakah pemenuhan pelayanan kesehatan mental merupakan tanggung jawab negara dan apakah urgensi pemenuhan pelayanan kesehatan mental serta bagaimana ius constituendum pemenuhan hak atas pelayanan kesehatan mental di Indonesia. Dengan menggabungkan metode penelitian doktrinal dan Research Oriented Reform, artikel ini menemukan bahwa berdasarkan ketentuan UDHR, ICESCR, UUD NRI 1945, UU Kesehatan dan UU Kesehatan Jiwa, pemenuhan hak atas pelayanan kesehatan mental merupakan tanggung jawab negara. Namun, hak tersebut belum terpenuhi karena minimnya fasilitas serta adanya kekosongan hukum kesehatan mental di Indonesia. Puncaknya artikel ini merekomendasikan tiga hal. Pertama, mengundangkan RUU Praktik Psikologi yang mengatur pengembangan dan manajemen SDM di bidang profesi psikologi. Kedua, mengesahkan Peraturan Pemerintah dari UU Kesehatan Jiwa yang mengatur tata cara pelaksanaan upaya promotif, preventif, kuratif, dan rehabilitatif dalam melaksanakan pelayanan kesehatan mental. Ketiga, mengesahkan Peraturan Daerah yang mengatur perencanaan, pembiayaan, dan pengawasan penyelenggaraan kesehatanmental
Legal Protection of Trade Secrets over the Potential Disposal of Trade Secrets Under the Re-Engineering Precautions
Get PDFThe Indonesian Trade Secrets Law Number 30/2000 (ITS Law) postulates exemptions for acts that are not considered infringements to protect trade secrets. One of them is the reverse engineering of other people’s trade secrets. The problem is that the ITS Law does not limit the extent to which reverse engineering can be justified. The absence of these limitations also allows attempts to disclose trade secrets under the pretext of reverse engineering. This problem ultimately results in the absence of legal certainty for the protection against trade secret disclosure, which is the sole responsibility of the trade secret owner. This article aims to re-analyze the protection provided by the ITS Law and examine the extent to which the limitations on reverse engineering can be justified in the ITS Law. This article used normative juridical research methods combined with statutory, conceptual, and case approaches. It revealed a paradox in the protection of trade secrets against the possibility of trade secret disclosure. This article concluded that changes are necessary to the ITS Law, specifically by adjusting to the basic principles of IPR protection, limiting the extent to which the reverse engineering of other people’s trade secrets can be justified, and adding a “Good Faith†clause in performing reverse engineering actions