Ex Aequo Et Bono Journal Of Law
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Indonesia and the Rohingya crisis: An analysis of the role of transit countries in refugee protection
Full text linkBackground: This article examines Indonesia's role as a transit country in handling Rohingya refugees fleeing violence and persecution in Myanmar. On the other hand, this study also highlights ad hoc policies and humanitarian practices carried out by the central government, local governments, international organizations, and local communities in Aceh in accommodating and assisting Rohingya refugees. Methods: Using a normative legal approach and policy analysis, this study evaluates Indonesia's national legal framework which does not specifically regulate refugee status, thus creating challenges in providing long-term protection. Findings: The results of the study show that although Indonesia is not a party to the 1951 Refugee Convention, the principle of non-refoulement and the value of human solidarity have been the basis of a relatively consistent temporary policy. Conclusion: This article recommends the need to strengthen national regulations, multi-party coordination mechanisms, and increase the capacity of related institutions so that Indonesia can carry out its role as a transit country more effectively, humanely, and in line with human rights principles. Novelty/Originality of this article: This study offers a comprehensive analysis of Indonesia's role as a transit country in handling Rohingya refugees, which has previously been rarely studied in depth from a national legal and policy perspective. This study also raises the importance of integrating the principle of non-refoulement into domestic regulations as an innovation in more sustainable refugee protection policies
Exploring the potential crimes and legal liability of artificial intelligence within the framework of Indonesian criminal law
Full text linkBackground: This research examines the potential criminal offenses that can be committed by Artificial Intelligence (AI) and the implications of criminal law liability for them in the context of Indonesian law. AI, which is increasingly developing with its autonomous capabilities, has the potential to result in new criminal offenses that have not been fully anticipated by the existing legal system. Potential AI crimes, such as deepfakes and criminal offenses by autonomous vehicles, represent a significant threat to public safety and privacy. While some developed countries have begun to regulate the use of AI, Indonesia does not yet have specific regulations governing AI and its potential threats. Method: This research uses a juridical-normative method with conceptual, case, and statutory approaches, to analyze the concept of criminal liability in AI crimes. Findings: By considering legal doctrines, this research proposes that responsibility for the actions of AI, which cannot yet be considered an independent legal subject, should be transferred to humans as developers or users through the doctrines of in loco parentis and Vicarious Liability. Through this approach, AI is treated as a human-controlled tool, so legal liability remains with the entity that has direct control. Conclusion: This study expects proactive steps from the Indonesian government to develop clear regulations on AI, to ensure the protection of the public from the risks posed by AI. The regulation should be able to accommodate the rapid development of technology while educating the public on the risks of AI. Novelty/Originality of this Study: This research highlights the absence of specific AI regulations in Indonesia and offers a legal framework by applying the doctrines of in loco parentis and Vicarious Liability to AI-related offenses. It provides a new perspective on assigning liability in AI crimes, ensuring that responsibility remains with human actors while addressing the legal gaps in Indonesia’s regulatory framework
Leveraging economic intelligence and stakeholder collaboration to eradicate illegal plain cigarettes
Full text linkBackground: Indonesia ranks third globally in the number of smokers, despite government efforts to reduce cigarette consumption. The continued rise in smoking is linked to the circulation of illegal cigarettes, which threaten public health, state revenue, and the national tobacco industry. This study aims to examine the distribution dynamics of illicit cigarettes and analyze stakeholder strategies to combat the issue. Methods: A qualitative approach was used, involving interviews, document analysis, and literature review. Data were analyzed thematically to explore patterns in stakeholder roles and motivations. Findings: Economic incentives drive the illegal cigarette trade, which disrupts legal markets and undermines tax revenue. Stakeholder participation varies by institutional interest and authority, influencing enforcement outcomes. Weak coordination and limited use of economic intelligence were identified as key challenges. Conclusion: Addressing illegal cigarette distribution requires stronger stakeholder collaboration and strategic use of economic intelligence. Novelty/Originality of this article: This study provides new insights into the role of economic intelligence and stakeholder dynamics in tackling illicit cigarette trade in Indonesia
Legal reform and the erosion of deterrence: Reassessing remission and conditional release policies for corruption convicts
Full text linkBackground: Granting remission and parole to prisoners is the authority held by the Correctional Institution, in accordance with the provisions contained in Law Number 22 of 2022 concerning Corrections. The main requirement for obtaining remission and parole is the good behavior of the prisoner, and this provision applies to all prisoners without exception, including prisoners involved in criminal acts of corruption. Methods: This study uses the Normative Juridical method with a descriptive analysis approach. The research data was obtained through two sources, namely primary data from Legislation and secondary data obtained from interviews with Class IIA Tangerang Prison Officers. Findings: The results of the study show that the revocation of the Government Regulation has eliminated strict requirements related to granting remission to prisoners involved in corruption crimes, making it easy for corrupt prisoners to obtain it, it has eliminated the deterrent effect for perpetrators and the community. In response to this situation, total reform is needed, namely legal reform, law enforcement officers, and culture. Conclusion: The study concludes that the revocation of strict regulations has made it easier for corruption convicts to obtain remission, weakening the deterrent effect. Therefore, comprehensive reforms in law, enforcement, and legal culture are urgently needed. Novelty/Originality of this article: This article offers a critical and original analysis of the impact of regulatory changes on the remission process for corruption convicts in Indonesia. By combining normative legal review with firsthand insights from correctional officers, it highlights the unintended consequences of deregulation—specifically the erosion of deterrent effects—and emphasizes the urgent need for systemic legal reform, a perspective that has been underexplored in prior studies
Factors of politeness as reason for mitigation in judge's decision: Is it still relevant to be maintained?
Full text linkBackground: Judges play a crucial role in the judicial process. According to Article 1 point 8 of Law Number 8 of 1981 on Criminal Procedure (KUHAP), a judge is a state official authorized to adjudicate cases. Their duties include examining, deciding, and resolving cases. In making decisions, judges consider both aggravating and mitigating factors. Aggravating factors may include the defendant having previous convictions, while mitigating factors may include polite behavior during court proceedings. This article focuses on polite behavior as a mitigating factor. It explores how judges assess politeness in court and whether this factor remains relevant in modern criminal case decisions. Methods: To answer this problem, the author researches using the socio-legal method, where the author will examine the problem with legal norms governing polite elements as a reason for mitigation and supported by surveys to support data from existing norms and decisions related to this matter. Findings: Judges still consider the element of modesty as a reason to mitigate punishment in criminal cases. From the results of a survey of 76 judges from 64 courts, 49 respondents stated that the element of civility is still relevant to be maintained in the judicial process. Factors considered by judges as indicators of the defendant's civility in court include polite language, cooperative attitude, and non-verbal expressions that show respect for the trial process. Conclusion: This research shows that the element of modesty is still considered relevant by the majority of judges as a mitigating consideration. The defendant's demeanor in court can signal remorse and good faith which influences the judge's decision. Novelty/Originality of this article: This research combines a normative approach and socio-legal methods that are rarely used in the study of mitigating circumstances. A survey of 76 judges from different regions and ethnic backgrounds in Indonesia provides valuable insights into the actual practice of civility considerations in trials. This article confirms that the relevance of modesty is not just a formal tradition, but also reflects important social and cultural dynamics in the judicial process in Indonesia
Consumer protection in the perspective of Law of the Republic of Indonesia Number 8 Year 1999 and the perspective of islamic law for users of boat transportation services in Medang Hamlet, West Secotong Village
Full text linkBackground: This research aims to determine the existence of consumer protection according to the perspective of Law of the Republic of Indonesia Number 8 of 1999 and the perspective of Islamic law on boat transportation in Medang hamlet, Sekotong Barat village which includes the practices, rights and obligations of business actors in running their business and the rights and obligations of consumers, and how to view law no. 8 of 1999 and what is the perspective of Islamic law. Methods: This type of research uses qualitative research, the data collection methods used are observation, interviews and documentation, with data analysis techniques, namely data collection, data reduction, data display and drawing conclusions and verification. Findings: Based on the research results, it can be concluded that business actors in Medang hamlet, Sekotong Barat village are not running their businesses well based on Law no. 8 of 1999 and Islamic law, this is due to the unawareness of business actors and consumers. Conclusion: In their business practices, business actors never provide information about the suitability of the transportation used to consumers, this is done because business actors always prioritize consumer satisfaction over safety, there is no compensation for compensation for consumer goods. All of these things are based on the ignorance of business actors and consumers regarding existing legislation and Islamic law. Novelty/Originality of this Study: This study provides a comparative analysis of consumer protection under Indonesian law and Islamic law, specifically for boat transportation services in Medang Hamlet. It highlights the practical shortcomings and legal non-compliance of local business actors, offering unique insights into the effectiveness of both legal frameworks in a maritime context
Optimalisasi peran pihak ketiga yang berkepentingan dalam praperadilan melalui penegakan hukum menuju pembaharuan hukum acara pidana
Full text linkThis article will explain the important role of third parties in pretrial institutions and analyze the legal standing of non-governmental organizations in reforming criminal procedural law. The additional interpretation made by the Constitutional Court Decision provides legal standing to the community represented by Non-Governmental Organizations as supervisors of possible errors or arbitrariness in terminating investigations or discontinuing prosecutions. Furthermore, in reforming the criminal procedure law, Commissioner Judges, who in the RKUHAP have duties and authority that have advantages compared to the Pretrial Institution in the KUHAP, are expected to also provide access to interested third parties, one of whose subjects is the public, to submit applications freely in accordance with the certain requirements
Implementation of land acquisition for development of public interest: Analytical study on the construction of bypass road facilities to the Mandalika special economic zone
Full text linkBackground: This study aims to determine the procedures for implementing land acquisition for constructing the Lombok International Airport ByPass road to the Land Acquisition Area for constructing the Lombok International Airport ByPass road to the Mandalika Special Economic Zone. Methods: This study uses empirical legal research with the statutory, conceptual, and sociological approaches. The data types in this study are primary and secondary, while the data sources use library research and field research. Techniques and ways of obtaining data are by conducting interviews and observations. The purpose of this study is to find out the procedures for implementing land acquisition for the construction of the Lombok International Airport ByPass road to the Mandalika Special Economic Zone, and to find out the inhibiting factors in this activity. Findings: The procedure for implementing land acquisition for the construction of the Lombok International Airport By Pass to the Mandalika Special Economic Zone as stipulated in Law Number 11 of 2020 Ciptaker regulates 4 (four) stages of acquisition starting from planning, preparation, implementation, and delivery of results. Conclusion: The land acquisition implementation committee has carried out land acquisition procedures following the provisions of the Laws and Regulations. The obstacles in constructing the Lombok International Airport By Pass road to the Mandalik Special Economic Zone include social, cultural, and economic factors. Novelty/Originality of this Study: An empirical examination of the land acquisition process for a major infrastructure project, specifically the Bypass Road from Lombok International Airport to the Mandalika Resort Special Economic Zone, employs a multifaceted approach encompassing legislative, conceptual, and sociological perspectives. This study uniquely identifies and analyzes the social, cultural, and economic barriers affecting the land acquisition process, providing insights into community dynamics and compensation issues within the context of Indonesian agrarian law and development
Comparative study of Article 10 Letter C of Law of The Republic of Indonesia Number 8 Year 1999 concerning Consumer Protection and sharia business law in online clothing sales
Full text linkBackground: This article discusses the problems faced by buyers in online buying and selling, in the form of advertisements that do not match the products being sold. For this reason, researchers are interested in conducting research with the title Comparative Study of Article 10 Letter C of Law Number 8 of 1999 concerning Consumer Protection and Sharia Business Law in Online Clothes Buying and Selling by examining three online shops, namely Sa**tri.Store 1**6611424, N**la.Fasshion, and Ocyd Clothing Official. Methods: The research method uses empirical juridical, with a phenomenological and conceptual approach. Data analysis uses inductive and descriptive methods. The data collection techniques used were observation, interviews, documentation, questionnaires and library data. Findings: The results of the research show that the two online stores studied, namely Sa**tri.Store 1**6611424, and N**la.Fasshion are known to have committed fraud with advertising media that is misleading and contains elements of gharar and jahalah. Conclusion: Meanwhile, the Ocyd Clothing Official online shop is known to comply with applicable regulations, both from the Consumer Protection Law and Sharia Business Law. Novelty/Originality of this Study: Its comparative analysis of Article 10, Letter C of Law Number 8 of 1999 on Consumer Protection with Sharia Business Law, specifically within the context of online clothing sales, provides a unique examination of legal and ethical perspectives. This approach highlights the differences and commonalities in addressing false advertising in Indonesia's burgeoning e-commerce sector
Islamic legal view on women’s marriage prohibition without knitting skills: A case study in Sukarara Village, Lombok
Full text linkBackground: The custom of weaving the clothes is a custom of the ancestors of the people of Sukarara Village, which must be carried out at weddings. Having weaving skills is a requirement that must be met for women before carrying out a marriage contract. If a woman does not have weaving skills, she is prohibited from carrying out the marriage. This article will discuss the problem of the practice of prohibiting marriage for women before they can weave in Sukarara Village, Jonggat District, Central Lombok Regency, and what the perspective of Islamic law is regarding the prohibition of marriage for women before they can weave in Sukarara Village, Jonggat District, Central Lombok Regency. Methods: Researchers used field research with a qualitative descriptive approach. Data collection techniques include observation, interviews, and documentation. Two data sources were used, namely primary data and secondary data. Findings: This research finds that the practice of prohibiting marriage for women who cannot yet knit traditional Lombok cloth has begun to erode. Conclusion: According to Islamic law, the prohibition of marriage for women before they can sesek is a marriage prohibition that can be justified because: First, it brings benefits to each individual and many people. Second, it is included in the authentic urf as long as it does not conflict with Islamic teachings. Novelty/Originality of this Study: The intersection between local customs and Islamic law, specifically focusing on the unique tradition in Sukarara Village that prohibits women from marrying until they can weave traditional Lombok cloth, offers a rare insight into the coexistence and mutual influence of cultural practices and religious principles on marriage laws in a specific Indonesian community