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State’s Loses in The Corruption Crimes of Members of The Board of Directors of State-Owned (Persero) or Regional Government-Owned Banks and Their Subsidiaries in The Provision of Credit/ Financing
Get PDFLaw No. 31 of 1999 as amended by Law No. 20 of 2001 on Eradication of Corruption Crimes provides normative direction that one of the essential things that must be proven in corruption crime is the existence of “State’s losses”. Members of the Board of Directors of State-Owned Enterprise in the form of bank, in managing of the company, especially in the provision of credit or financing, are very afraid of being accused of corruption crimes. The legal relationship between the State as a legal subject with the companies having status as State-Owned Enterprises (the Persero) is the existence of majority share ownership or controlling shares by the State in limited liability companies with Persero status. Such a legal relationship has been regulated in various applicable laws and regulations that have and are sourced from theoretical and philosophical foundations such as corporate legal doctrines for example the legal doctrine of piercing the corporate veil, the doctrine of fiduciary duty law, and the Business Judgment role. Some legal problems arise, namely how is the legal relationship of the State with State Enterprises? And can the non-performing credit or non-performing bank financing affect the value of the State’s participation in State-owned Bank /Region-Owned Bank? The legal research used in addressing the issues in question is normative legal research, and therefore the results obtained in this legal research are what they should be
Mental and Physical Capability as the Requirement for Indonesian Presidential Candidate: Legal Ratio and the Development of Regulation
Get PDFThe Third Amendment to the 1945 Constitution has regulated new requirements for presidential candidates. One of which is the requirement to be mentally and physically capable of carrying out the duties and obligations of the presidential office. This research aims to find the reason for formulating norms or legal ratio of the formation of such a requirement. The nature of this research is qualitative research using a normative-empirical and comparative approach. The results reveal several legal ratios of the requirement. First, the requirement is considered important because the president has the highest position within the governmental structures. Second reason refers to the close relation between health and decision-making matters, and the third demonstrates reasonable and justifiable limitations from the perspective of human rights. Comparison with several countries exposes that the requirement is fundamental since the president has dual functions, namely a head of state and a chief of government. This research also exhibits that the legal basis of the requirement is not in accordance with the 1945 Constitution since the existing regulation takes the form of the Decree of the General Election Commission. Therefore, this research recommends the appropriate legal basis to further regulate mental and physical requirements by law which regulates some fundamental principles dealing with such requirements
Information and Technology-Based Policy Strategy for Monitoring and Evaluation of Government Agencies with Corruption-Free Zone/ Serving and Clean Bureaucracy Zone Status
Get PDFThe Integrity Zone Development is the government’s attempt to reform its bureaucracy. It is considered successful when the work unit within the Ministry/Agency can achieve the status of Corruption Free Zone (WBK)/ Serving and Clean Bureaucracy Zone (WBBM). In order to maintain this status, the work units entitled as WBK/ WBM must maintain their quality by doing regular monitoring and evaluation. However, the monitoring and evaluation related to WBK/ WBM status in the Ministry of Law and Human Rights have not been performed optimally. Therefore, an attempt and strategy are needed to optimize the implementation of the monitoring and evaluation. This paper aims to determine the implementation and challenges of the work unit monitoring and evaluation with WBK/ WBM status within the Ministry of Law and Human Rights. The primary data were collected through interviews and library research. The result of this study shows that the monitoring and evaluation at the Ministry of Law and Human Rights has not been fully implemented. It can be optimized by considering the challenges faced by Internal Assessment Team. It is suggested to revise and prepare a regulation related to technical instruction for Integrity Zone Development at the Ministry of Law and Human Rights
Dispensation of Marriage in The Perspective of Children's Rights: Best Interest of The Children
Get PDFUnderage marriage with marriage dispensation is very influential on the lives of children and adolescents. The Convention on the Rights of the Child has determined that the best interest of the child is the primary interest in any action concerning the child. This study uses a normative juridical method based on a statutory approach. The purpose of this research is to find out the judge's considerations and what factors cause the rise of early marriage. This study concludes that the number of marriage dispensations in Indonesia continues to increase from 2016-2018, and is stagnant in 2019-2020. This figure increases because awareness of the meaning of marriage is reduced and many people in Indonesia think that adat must still be maintained. The high dispensation of marriage is caused by economic factors, pregnancy out of wedlock, and cultural factors. Thus, the judge assessed that the granting of a marriage dispensation had the best impact on the child in accordance with the theory of the best interests of the child. The implementation of the regulations that have been implemented still requires derivative regulations that regulate the basics of granting marriage dispensations in court. In order for the application for a marriage dispensation to be granted wisely, it is recommended to refer to Law Number 16 of 2019 concerning Marriage and PERMA Number 5 of 2019 concerning Guidelines for the Termination of Marriage Dispensation. So that judges avoid subjective considerations in adjudicating marital dispensation cases
Open Court Principle for The Public in Material Judicial Review Right in The Supreme Court
Get PDFThe Supreme Court (MA) has the authority legality review on regulations under the law against the law as stated in Article 34A paragraph (1) of the 1945 Constitution. Unlike the Constitutional Court (MK) in the examination process until the ruling applies Open Court Principle the Supreme Court does not implement it because apply the legal provisions that apply to the application case in the shortest possible time. This research uses normative legal research methods with conceptual approaches, philosophical approaches and statute approach. “There are two research questions of this study namely why is the principle of the trial open to the public in the right of judicial review in the MA in the concept of modern legal states and what is the constitutional basis for a trial open to the public based on the principle of Audi et Alteram Partem.? Based on principle as law country, Indonesia should emphasize on transparency to make public decision at court so that justice will prevail. The Supreme Court can make rule that accommodate the spirit of a trial that is open to the public as in the principle of Audi et Alteram Partem
Legal Protection for Disabilities Persons with Language Limitations in Law Enforcement
Get PDFThe Indonesian government has enacted various regulations aimed at protecting individuals with disabilities, yet significant gaps persist in their implementation. Discrimination against people with disabilities, particularly those with language impairments, remains prevalent, especially within the legal system. This study employs a sociolegal approach to examine the challenges faced by disabled individuals with language limitations in accessing legal protection. Key aspects analyzed include existing regulatory frameworks for disability protection, case studies of legal decisions involving disabilities, the handling of legal proceedings, challenges encountered by stakeholders in legal cases, and the impact of limited access to sign language and legal knowledge. The research reveals that individuals with hearing impairments often struggle to exercise their rights to assistance from sign language interpreters during legal proceedings. This deficiency is primarily attributed to a lack of awareness and understanding among various stakeholders regarding the specific needs of people with hearing impairments. Furthermore, the effectiveness of law enforcement processes for disabled individuals is hindered by regional variations in sign language, the existence of informal or non-standardized sign languages, and the limited proficiency of law enforcement personnel in communicating with and accommodating individuals with disabilities. In conclusion, the study underscores the urgent need for improved implementation of existing disability rights regulations in Indonesia, particularly within the legal context. Addressing these challenges requires enhancing awareness and training among legal professionals and stakeholders, ensuring consistent access to qualified sign language interpreters, and promoting standardized approaches to accommodating individuals with disabilities in legal proceedings. By bridging these gaps, Indonesia can move closer to fulfilling its commitment to upholding the rights and dignity of all individuals, including those with disabilities, within its legal system
The Role of Community Counselor in Handling Child Clients in Class I Correctional Center of Medan
Get PDFThe existence of laws against children must be considered and must be led to be more responsible for themselves, because children are different from adults. Children are teenagers, human resources, and have the potential to continue the life of the nation and state. The child client is then guided to improve himself and his behavior in the existing reality, with the aim of changing his lifestyle, and assisted in behavioral restructuring, especially for clients with severe personality problems that take a long time to resolve. In other words, probation officers can educate a child client about the rejections they will face when receiving changes or feedback from others, while encouraging them to motivate themselves, accept their situation, and change what the child client is going through. Another important thing that must be done in dealing with child client is to involve the family of the child to participate in the process of handling the child who violates the law
Initiating The ASEAN Arbitration Board as a Forum for Settlement of Investment Legal Disputes in The Framework of Integration of The ASEAN Economic Community (AEC) Region
Get PDFThe impact of liberalization and globalization of the world economy is that all countries in the ASEAN region, have become an area of a borderless economic community (AEC). This has triggered an increase in the foreign investment business and its legal disputes, which of course need legal certainty for dispute resolution. The parties must resolve it through general courts (litigation), or alternative dispute resolution out of court or arbitration (non-litigation). Therefore, it becomes a legal issue: what are the legal aspects of resolving legal disputes between the Indonesian government and foreign investors; and what efforts should be made to facilitate the settlement of investment law disputes, within the framework of regional integration of the ASEAN economic community? This study aims to analyze investment dispute resolution and the idea of establishing an MEA arbitration body as a forum for resolving investment legal disputes between business actors. This study uses a normative juridical method, which is based on library research to obtain secondary data, sourced from primary, secondary, and tertiary legal materials. The specifications of the analytical descriptive research describe the establishment of the MEA arbitration body and the potential positive impacts. The data analysis method used is juridical qualitative. The results of the study indicate that the development of investment business legal dispute resolution in the MEA area requires the AEC Arbitration Board as a forum for resolving investment disputes between business actors, mainly due to differences in legal systems between countries
The Study on the Coronavirus Pandemic Using Human Rights and Human Security Approach
Get PDFIn March 2020, The World Health Organization (WHO) finally announced a coronavirus or Covid-19 disease outbreak as a pandemic. According to WHO, the status of a pandemic is determined if a new disease has not had an antidote against the spread of the virus in regions of the world. The virus attacked individuals and no doubt the impact on people is significant, which relates to the security of the people and human rights aspects. The article explores the argumentative basis of human security and further analyzes the problem, strategy and needs in the lens of human rights related to pandemic in the framework of human security. It aims to analytically describe human security approaches in relation to the COVID-19 with human rights perspective through the common pattern of threat identified worldwide and plausible strategies based on literature study. The state strategy addressed in the article exists as a set of examples of best practices and/or critics toward the policy with materials provided by journals. The article uses a qualitative approach with a systematic literature study based on human security framework with human-right analysis and results in a generic set of human security frameworks for COVID-19 with the perspective of human rights
Opportunities and Challenges: E-Commerce in Indonesia from a Legal Perspective
Get PDFThe development of e-commerce in Indonesia has encouraged the creation of a digital economy. On the other hand, this business model presents various legal challenges that are no less interesting to anticipate. By applying normative research methods and using statutory and comparative law approaches, this study examines two issues. First, what are the legal aspects that are used as the basis for the role of Information and Communications Technology (ICT) in capturing e-commerce opportunities? Second, what are the legal challenges ahead with the rapid growth of e-commerce in Indonesia? This study concludes that normatively Indonesia already has various regulations in the field of cyber law that support the use of ICT in e-commerce. However, it needs specific regulation. This study finds things that will become legal challenges in the future, including there are still gaps for parties to commit violations and crimes, especially in the fields of data theft, intellectual property, fraud, and breach of contract. This study provides the suggestion that the government should pay attention to security-related regulations, especially those related to personal data security. It requires the role of business actors in making "self-regulation" which ensures data protection based on a technical perspective