Jurnal Ilmiah Kebijakan Hukum
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Problem Analysis of Working Refugees in Makassar City
Full text linkThe refugee problem in Makassar City happens to the working refugee. Some of them work as barbers in a barbershop and as construction workers. The refugees who work are often caught in raids conducted by the Makassar immigration detention center (Rudenim) as a part of supervisory duties. By working, refugees are found guilty of violatin g the Regulation of the Director General of Immigration Number IMI-0352.GR.02.07 of 2016. This paper contains an analysis of the questions that arise regarding the problems of working refugees. For example, what are the rules that refugees must obey? What are the forms of supervision for refugees in Indonesia? What are the main problems experienced by refugees that caused them to violate the prohibition to work? The purpose of writing this paper is to find out the regulation that must be obeyed by refugees and the form of supervision for them who temporarily stay in Indonesia. In addition, this paper also aims to analyze the forms of violations committed by the refugees. This study used qualitative approach to analyze primary and secondary legal materials. The results of the study show that one of the rules that must be obeyed by refugees who temporarily stay in Indonesia is the prohibition of doing any activities to earn wages. The form of supervision is carried out by re-examining the identity and documents of refugees and asking for information as outlined in the examination official report. As a suggestion regarding the management of refugees, the Makassar Rudenim can do refugee monitoring more intensively and provide reporting space for citizens who have information related to violations committed by the refugees
Resilience Capabilities of Female Inmates who are Covid-19 Survivors in the Pekanbaru Women’s Correctional Institution
Full text linkResilience is an individual's ability to adapt positively, be able to survive and remain stable and healthy when facing unpleasant and risky conditions, such as Covid-19 pandemic. This study is to describe the resilience ability of female inmates who are Covid-19 survivors at the Pekanbaru Women's Correctional Institution. In addition, this study aims to determine the sources of resilience in female prisoners who survived Covid-19 at the Pekanbaru Women's Correctional Institution to improve the resilience capabilities of prisoners. The research methods used are qualitative approach and descriptive design. Based on the results of the study, it is known that the sources of prisoners' resilience abilities in dealing with Covid-19 originating from self perception is positive thinking, acceptance, self-motivation, others’ supports, being diligent in worship and visitation, while those from self efficacy are self-control, looking for solutions, willing to repent, adapting, being independent, being grateful, appreciating time, interpreting life, doing good, and being devoted, while what comes from I Have are the support and the rules. The results of the study also found that there were female prisoners who survived Covid-19 who were Non-Resilient are paranoia, stress, low self-esteem and denials, self-isolation, indifference, fear and pressure, breaking the rules and lack of attention. Therefore, intense efforts need to be made so that non-resilient prisoners have the ability to be resilient in dealing with Covid-19
Overview of Sabang Class II Checkpoint Immigration Office Authority of Foreign Ship and Solution Effort
Full text linkThis study aims to examine the Immigration authority of a foreign ship which was delegated by the Police who were arrested on suspicion of narcotics crimes committed by its crews. The ship entered Indonesian territory with an emergency status in November 2019. The crews and the ship were handed over to Sabang Immigration Office. The crews of the ship were subject to Immigration Administrative Action by being placed in the Medan Immigration Detention Center. Meanwhile, the ship became the responsibility of the Sabang Immigration Office. What is the authority of the Immigration Office against foreign ships for alleged narcotics crimes and what are the efforts made by Sabang Immigration? The qualitative research methodology in this research used data collected from various sources. The results of this study are based on the laws and regulations in force in Indonesia. They include the Immigration regulations which explain that the Immigration Office does not have authority over the ship since it is not in the realm of Immigration investigation. The Immigration Office sought to resolve the ship's problem by actively working with relevant agencies and coordinating with the leadership for instructions and directions
Measuring the Quality of Legal Aid Services as the Embodiment of Access To Justice
Full text linkSince 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.
Legal Protection of Trade Secrets over the Potential Disposal of Trade Secrets Under the Re-Engineering Precautions
Full text linkThe 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
The Challenges of the Indonesian Government in Eliminating Gender Bias Practices: The Perspective of Kinship Systems in Indigenous Peoples and Regulations
Full text linkGender bias is a condition that indicates the existence of a preference for one of the socially and culturally constructed traits inherent in men and women. Gender differences in treatment harm certain genders. The losses mentioned are related to family and social status contexts. This paper is a normative study using a normative-legal approach, focusing on legal discrimination and observing gender practices in regulation through indigenous kinship systems and literature research. This paper aims to examine gender bias practices, and government efforts to prevent and overcome gender bias practices in Indonesia. Sexist practices are found in Indigenous peoples’ lives, regulations, and government policies. Government efforts to prevent and control include ratification of international regulations and ratification in the form of legal instruments. However, other measures are needed from a prevention perspective such as: Political involvement of governments in socialization in the form of an improved understanding of indigenous peoples, the revision of rules that may lead t
Publications of the Identity of Children in Conflict with the Law on the Official Site of the Indonesian Supreme Court Decision Directory
Full text linkProtection of children's rights in conflict with the law (ABH) is a state obligation. The protection aims to ensure the best interests of the child and to prevent discrimination. As stated in Article 19 of Law Number 11 of 2012, one of the rights is that law enforcement institutions are not allowed to publish the identities of ABH, either in print/ electronic media. However, their identities are still revealed in various Decisions of children's cases. Particularly, their identity is published on the Site of the Supreme Court's Ruling Directory. The purpose of this study is to find out why the Supreme Court Decision Directory Site does not keep the identity of ABH a secret and what are the implications. This research used a socio-legal approach. The results of the study show the management team did not understand their main tasks and rules of protecting the identity of ABH, inconsistency in checking copies of court decisions, ineffective monitoring, and only a handful of people reported the case so this situation is considered normal. The implications of the children’s identity disclosure have affected the rights of children, families, and applicable rules that do not provide legal certainty
Penal Mediation as a Medical Dispute Settlement for Hospital Malpractice Cases in Indonesia
Full text linkPenal Mediation is an alternative form of case settlement that originates with the idea of restorative justice. Seeing a large number of medical personnel being convicted in malpractice cases (primum remedium), mediation in dispute settlement for malpractice cases in hospitals becomes the concept of victim protection, harmonization, and overcoming rigidity/ formality in the applicable system. Therefore, the purpose of this study is to find solutions to avoid the adverse effects of the Criminal Justice System with the concept of mediation as an effort to resolve malpractice cases in the future. This paper used normative legal research or library research with a statute, conceptual, and comparative approach. The nature of the research used in this study is descriptive-prescriptive. The author used content analysis. The findings of this study are meant to provide an alternative solution to punishment which should be a last resort (ultimum remedium) from law enforcement in the form of non-litigation settlement through mediation.
Conjugal Visit: Juridical Review of the Fulfillment of Inmates’ Rights in the Correctional Perspective
Full text linkImprisonment as a loss of independence should only limit the inmates’ freedom of movement in a correctional institution. This interpretation rises a discourse that the fulfillment of other rights of inmates must be guaranteed, including the right to fulfill their sexual needs. A term that is known globally in order to fulfill this right is called a conjugal visit. This study seeks to describe the urgency and prospects of conjugal visit for inmates in Indonesia. In addition, this study aims to provide an overview of the arrangement and implementation of conjugal visit. This legal research was normative legal research supported by the results of interviews with resource persons. The data obtained from the literature research were analyzed descriptive-qualitatively with a legal systematic approach and legal comparison. The results of this study indicate that sexual needs are one of the human rights. They are the inmates’ basic needs that must be fulfilled. The failure to fulfill these basic needs will have a negative impact both physically and psychologically. Based on the theory of basic human needs, the rules of international law, namely the Nelson Mandela Rules and the Bangkok Rules, as well as national law, namely the Republic of Indonesia Law Number 36 of 2009 concerning Health, conjugal visit can actually be implemented in Indonesia with clear legal bases in Indonesian law. Establishment of regulations regarding conjugal visit is done by comparing practices in other countries and aligned withn the Legal System Theory. These countries have similar backgrounds to Indonesia and have implemented conjugal visit, namely Pakistan, Turkey, and Saudi Arabia
Immigration Biometric Data Exchange Among Asean Member States: Opportunities and Challenges in Legislations
Full text linkBiometric data can be described as data containing human physical characteristics. They can be in the form of fingerprint data, retina scans, and voice recognition. The application of biometrics for immigration purposes reduce the number of terrorism case and illegal migrants in the European Union (EU) territory and the United States. In 2013, biometric data exchange in ASEAN was made possible with the Bali Process Protocol. By a qualitative research methodology, using the CIPP (Context, Input, Process, and Product) analysis, this research attempts to find the legal obstacles as the main barriers in implementing biometric data exchange in the ASEAN region. This study finds that not all ASEAN countries have laws on personal data protection, which affect the Standard Operating Procedures (SOP) related to how the biometric data will be retrieved, processed, and managed, as well as the actions required if there is a violation of the law related to the SOP. This study suggests that ASEAN can accommodate the EU’s framework, by using the General Data Protection Regulation (GDPR) as a single standard in the application of Data Protection regulations for the biometric data exchange system in ASEAN.