Progressive Law Review (E-Journal)
Not a member yet
78 research outputs found
Sort by
THE ROLE OF ASEAN AS AN INTERNATIONAL ORGANIZATION IN RESOLVING THE DISPUTES IN THE SOUTH OF CHINA SEA
Full text linkAs an international organization, the Association of Southeast Asian Nations (ASEAN) must be responsible for maintaining and maintaining peace and security in Southeast Asia. One exciting development regarding regional security in Southeast Asia today is the issue of the South China Sea dispute. By law, the Philippines has brought the dispute to the Permanent Court of Arbitration (PCA). The verdict from the PCA said that China's claims regarding the nine-dash lines were indisputable and had no legal basis. However, China rejects the ruling and remains aggressive in the South China Sea, potentially creating regional instability. This article aims to look at the role of ASEAN in resolving a dispute that occurs in the South China Sea. This article argues that in dispute in the South China Sea, ASEAN plays a role as an intermediary for countries joined in ASEAN with China in diplomatic dialogue and resolves and ensures the implementation of the Code of Conduct in the South China Sea so that disputes do not extend to military conflict so peace and security in the southern China sea region can be achieved
TRADITIONAL CULTURAL EXPRESSIONS BOTH WITHIN AND BEYOND THE CONTEXT OF INTELLECTUAL PROPERTY LAW IN INDONESIA
Full text linkCan TCEs crumble under the protection of intellectual property? This question is prompted by the disparity between the characteristics of TCEs and the intellectual property protection criteria. This article emphasize the necessity and significance of establishing a system outside the Intellectual Property system or special protection (sui generis) to protect TCEs because intellectual property law cannot be modified to accommodate TCEs. The law of intellectual property only protects the moral and economic rights of individuals, not cultural or communal rights. Other opinions contend that the existing intellectual property law, particularly copyright law, does not require a new system because the creation of another system is a waste of resources and the state may not be able to fund it. In reality, what must be taken into account is the extent to which ethnic communities control their TCEs
DISPARITY OF DECISIONS OF CRIMINAL ACTIONS OF CORRUPTION PERFORMED BY HEAD OF POLITICAL PARTY
No full textCorruption is a big problem and is suspected to be a contributor to the increase in poverty in Indonesia, this corruption crime does not recognize any position or background. The author sees that corruption is a legal domain that is often influenced by the political field, although what should be considered is the domain of sociology/legal sociology. The general chairman of the party, in this case, the former, who was supposed to have helped build the country when he was in power, did not seem to meet the expectations of the people, because when he was in power he actually did corruption. Corruption in the circle of political parties is very influential on public confidence in political parties that are the driving force of democracy. Political phenomena that affect the law in the form of judges' decisions / verdicts will increase the disparity of decisions. Starting from the decision related to Romy, it is compared with the decision of Anas U, Suryadharma A, Luthfi H I. How our law looks, really depends on the "crown" of the judge in the form of his decision, and in Indonesia there are various views of the public on the judge's decision. The sampling of 4 political figures in this title is limited to study material. This study uses secondary data that focuses on norms, doctrines, books, or other documents, especially decisions as analysis material, then attempts to answer the question of how the disparity of decisions related to corruption made by political party leaders with a sociological perspective of law requires legal considerations that live in society.
PROTECTION OF INDONESIA’S PERSONAL DATA AFTER RATIFICATION OF PERSONAL DATA PROTECTION ACT
No full textThe protection of Indonesia's personal data entered a new chapter with the signing of the Personal Data Protection Bill by the President on October 17, 2022. The presence of the Personal Data Protection Law (UU PDP) is a lex specialist of Indonesian personal data protection regulations. This study analyzes how the form of protection of Indonesian personal data after the enactment of the PDP Law by using components in the personal data protection ecosystem as parameters, namely data subjects, data controllers and data processors, data protection officers and personal data protection supervisory agencies. Using normative legal research methods, this study found that the regulation of the 4 components has been accommodated in principle in the PDP Law. The balance between the protection of individuals on the one hand and the public interest on the other is tried to be accommodated in the principles behind the PDP Law and the reduction of the implementation of some norms. The composition of the norms shows that the processing of personal data, especially the obligations of the data controller, is the focus of regulation. The role of a data protection officer to ensure regulatory compliance is complemented by a risk mitigation function. The existence of data protection as service is also accommodated in the PDP Law. The supervisory agency is given a series of authorities with detailed details of investigative authority. The PDP Law as a compact regulation requires various implementing regulations, including provisions issued by institutions and sectoral regulations. The support of understanding and strengthening of all parties in the personal data protection ecosystem absolutely needs to be carried out immediately as an effort to realize compliance by minimizing protection failures and unauthorized processing as a preventive measure. Preventive measures should be used as a key option in the data protection regime. Therefore, discussions regarding the protection of personal data continue to move dynamically following emerging legal and social developments
RUWA JURAI MODEL: THE INDONESIAN COASTAL VILLAGE LEGAL DESIGN
Full text linkThe sea coast in Indonesia is generally an area with high poverty, damaged ecology, low independence of rural social organizations and the loss of local cultural values, as well as poor infrastructure and health. Similar conditions were found along 1,105 km of coastal coastline in Lampung Province with an area of 16,625.3 km2 of coastal waters. This study aims to present the local wisdom of ruwa jurai in the legal arrangement of the Lampung sea coast. The results of the analysis concluded that the availability of legal instruments that protect and empower coastal communities with a socio-cultural religious aspect approach that integrates immigrants and natives in a spirit of togetherness into a long-term solution. Meanwhile, for the short term by implementing the law in the coastal area development policy in a single village development planning unit every year
ANIMAL INSURANCE OF CATTLE/BOW IN INDONESIA: REGULATION, MECHANISM AND RESPONSIBILITY
Full text linkRunning a livestock business may pose risks such as death of animals due to death, accidents, loss/theft, natural disasters including disease outbreaks and price fluctuations. Any potential risks must be minimized to avoid losses. If the farmer cannot prevent or face the risk, he will experience a loss. Risks in cattle/buffalo farming include management, production, human resources, price, finance, loss and death risks that can cause losses. Cattle/buffalo animal insurance is included in the type of agricultural insurance regulated in the law. Number 19 of 2013 concerning Protection and Empowerment of Farmers, but still referring to the Law of the Republic of Indonesia number 40 of 2014 concerning insurance, the AUTS Program is a type of loss insurance. As an agreement between the insurer (insurance company) and the insured (cow breeder) it must be subject to the provisions of the KUHD and the Civil Code. The guidelines set out in implementing AUTS are in accordance with the provisions of insurance law, starting from the provisions of the agreement between the insurer and the insured, the object being insured, the premium to be paid by the insured, the provisions of the insurance policy made and signed by each party, to the mechanism for submitting a claim
THE URGENCY AND FINANCIAL SERVICES SECTOR DISPUTE SETTLEMENT MECHANISM THROUGH ALTERNATIVE DISPUTE SETTLEMENT INSTITUTIONS
Full text linkSettlement of disputes that occur between Consumers and Financial Services Providers can not only be done through litigation (court) but there are also other options through Alternative Dispute Resolution (non-litigation) channels which are commonly called APS. The choice of dispute resolution through APS is an answer to the needs of Financial Services Enterprises and consumers since it is efficient, effective, and low cost so that it can reduce operational costs. In addition, with the support of sophisticated dispute resolution technology through the Financial Services Sector Alternative Dispute Resolution Institution, the disputing parties do not have to meet face-to-face but it can be done using electronic media. The method used in this research is a normative juridical study, by examining the norms/rules contained in the legislation and library materials. The study in this research is about the urgency and mechanism of dispute resolution through the Alternative Dispute Resolution Institution in the Financial Services Sector
RELEVANCE OF THE LAW ON THE ELECTION OF REGIONAL HEADS WITH LAW ABOUT LOCAL GOVERNMENT
Full text linkThe role of political parties as bearers of the functions of socialization, education, participation, and political recruitment is a very effective medium in triggering the political participation of local people. The existence of a discourse on changing the Regional Head Election system in the Regional Head Election Bill must be formulated in a comprehensive manner. So that the result will make the quality of democracy in Indonesia better, and whether direct elections for governors, regents or mayors will have changes and variations for the better in the future. The main problems in this research are: How is the relevance or suitability of the Draft Law on Regional Head Elections to Law concerning Regional Government. The results of this study conclude that: There is relevance between the Bill on the General Election of Regional Heads and Law concerning Regional Government, namely regarding the principle that regional head elections are carried out democratically based on the principles of direct, general, free, confidential, honest and fair. Suggestions that can be submitted are to the government, to obtain a regional head election system that reflects responsive democratic values, it should be studied in depth in the discussion of the Regional Head Election Bill. To the DPR, it is necessary to more deeply examine the various potentials and practices of informality that may arise accompanying the post-conflict local election
PUBLIC POLITICAL PARTICIPATION IN ELECTIONS IN BANDAR LAMPUNG
No full textOne indicator of electoral success is the high level of unapologetic participation of the public. High participation guarantees the legitimacy of government and protection of citizens' suffrage. In the 2019 concurrent elections, the low level of political participation in Bandar Lampung, Lampung Province, was low. Participation is important to be researched considering the success of an election can be seen from the level of community participation. Participation is closely related to legitimacy, the higher the level of voter participation in elections, the more legitimate the government it produces. Government supported by the majority of society naturally will be easier to get support for programs and policies to be implemented. The involvement of the public in the selection of his deputy allows for a process of check and balance between the political officials of the election results and their constituents so that the mandate rope between the two is not immediately severed. One indicator of electoral success then is the high level of public participation in voting. Therefore, this research in terms of political participation is an important aspect in the country involving the public in the implementation and implementation of elections. Because the political participation of the community is an important aspect in the order of the State of democracy
INFLUENCER'S EFFECT ON SOCIOLEGAL AND ECONOMIC DEVELOPMENT IN A DEVELOPING COUNTRY, ESPECIALLY IN INDONESIA
Full text linkThe development of the era is much influenced by several factors, ranging from technological developments, economics and dynamic regulations. but of all these factors are much influenced by the thoughts or influences of world leaders. there are world leaders in politics, religion, celebrities and wealthy businessmen who can influence developing countries. With this influence, it will have an impact on several aspects of human life, so that it will cause a massive change in various aspects of lif