Jurnal Bina Mulia Hukum
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The Pornography Formulation in Legislation; Between Gender Bias and Legal Misleading Tendencies
Full text linkProvisions regarding the prohibition of pornography in Indonesia are specifically regulated in the Law on Pornography 2008. It provides a very broad scope to ensnare people involved in pornographic videos. It actually tends to place victims of revenge porn as perpetrators in the crime of pornography. In this study, there are three problems examined, namely the pornography debate; between art, private life and lawlessness, the formulation of the prohibition of pornography in Indonesian law and its weaknesses, and the study of gender bias in cases of pornography involving women. This research is a normative juridical study examining the weakness of the legal substance of the prohibition of pornography. The debate about pornography gives birth to several perspectives in which the body is seen as an art and human right. However, presenting body shape is seen as a violation of values and the law. The spread of pornography in cyberspace is regulated in the Criminal Code, the Law on Information and Electronic Transactions and the Law on Pornography. Society has a double standard of sexual activity performed by men and women. As a result, the society shows hatred towards women engaging in pornography
Waqf Land as an Alternative for Implementing the Land Reform Program in Indonesia
Full text linkTo overcome the problem of unequal land ownership, the concept of waqf land has recently been initiated as an alternative to implementing land reform. This article examines the arguments for the idea of waqf land from its jurisprudential aspect and proposes the positive legal framework necessary to implement it. This study uses a normative legal research method using two approaches, namely the statutory approach and the conceptual approach. The results of this research conclude that waqf land as an alternative for implementing land reform is very possible considering that the aim of both is to realize the welfare of the people equally. However, the implementation of waqf land as an alternative to land reform must still follow fiqh of waqf procedures and be aligned with land reform objectives
Age Verification Regulation in Social Media Platform Usage: Preventive Measures Against Online Child Sexual Violence
Full text linkThe escalation of internet use in various age groups has resulted in an increase in the number of social media users from year to year, until at the beginning of 2023 there were 212.9 million internet users and 167 million social media users, equivalent to 60.4% of the total population, it is also known that around 87% of children in Indonesia have been introduced to social media before turning 13 years old. With easy access to the internet, perpetrators of sexual violence are increasingly adapting to exploit children's vulnerability, thus changing the dimensions of sexual violence that are increasingly directed at children. This phenomenon has made several developed countries adapt by implementing various approaches to prevent children from becoming victims of sexual violence in cyberspace. This research aims to obtain a complete picture of sexual violence against children facilitated by social media platforms, and find alternative policies to limit access to protect children from a series of vulnerabilities that can result in sexual violence in cyberspace. The research method used in this research is normative juridical. The results of the study found that if today's easy access to social media has made children more vulnerable to becoming victims of sexual violence in cyberspace, prevention with a criminal law and telematics approach should be carried out to prevent children from perpetrators of sexual violence. Indonesia has actually taken a proactive policy with the enactment of the Personal Data Protection Law, but it has not regulated provisions related to age limits and rules that require strict application of age verification for children accessing social media
The Validity of Sale and Purchase of Shares in Relation to Nominee Share Ownership (A Case Study of Decision Number 3041K/PDT/2020 and 765PK/PDT/2020)
Full text linkThe validity of capital injection into the Company and the existence of the shareholder nominee structure are closely related and directly impact legal actions, such as the sale and purchase of shares in the Company. There have been multiple instances concerning the sale and purchase of shares associated with Nominee Share Ownership, a practice commonly encountered in various sectors in Indonesia. This research will focus on two cases, namely Decision Number 3041 K/PDT/2020 and 765 PK/PDT/2020. In addressing these issues, the author is interested in discussing the decisions related to the Nominee Structure in Acquiring Limited Liability Company Share Capital and the Validity of Sale and Purchase of Shares in Relation to Nominee Share Ownership in Cases. This writing is normative legal research. The results of the research show that in the Case based on the Decision discussed, the Sale and Purchase of Shares related to Nominee Share Ownership is invalid and is a form of illegal action because it is contrary to the provisions of Article 48 paragraph (1) of the Company Law that the company must be issued in the name of the actual owner. However, the regulation in Company Law itself does not have an explicit prohibition on the nominee structure of shareholders. The nominee structure as an agreement is only valid and binding for the two parties making the agreement and is not binding on third parties, including not binding on the Company that issued the shares
Affirming the Democratic Economic System After the Amendment of Article 33 of the Indonesian Constitution: A Critical Legal Studies Perspective
Full text linkThis paper, which uses an interdisciplinary, historical, and literary approach, aims to answer the questions of how the process of discussing changes to Article 33 of the Indonesian constitution led to the formulation of the article as it is known today. Second, how did the amendment of Article 33 of the Indonesian Constitution pave the way for the emergence of neoliberal legal products in Indonesia? Third, how is the democratic economic system (sistem ekonomi kerakyatan), as an economic system with a strong historical and constitutional foundation in Indonesia, affirmed by the deviationist doctrine from the perspective of critical legal studies (CLS)? This paper discusses the debates that took place in the agenda to amend Article 33 of the Indonesian constitution as the background of today's anomie. From a CLS perspective, the inclusion of the concept of efficiency in Article 33 of the Indonesian constitution after the amendment shows the infiltration of neoliberalism into Indonesia's basic law, riding on the political and legal reform agenda after the collapse of the authoritarian regime. To counter the excesses of neoliberalism, a legal scholar in the CLS perspective can engage in radical legal practice centred on the deviationist doctrine by, among other things, tracing legal principles back to their roots. Based on the deviationist doctrine, the formulation of Article 33 of the 1945 Constitution is a credo of political economy as well as the original legal policy of a sovereign, anti-colonialist, anti-imperialist, anti-capitalist independent state, and therefore cannot be arbitrarily changed and/or abolished
Legal Hermeneutics of Economic Loss to The State and Economic Expert Calculations
Full text linkThe elements of economic loss to the state are still characterized by generality, ambiguity, and an open texture, as emphasized in Articles 2 and 3 of the Eradication of Corruption Law. The research method uses two disciplines: a doctrinal approach by examining legislation through legal theory, legal principles, and legal hermeneutics, as well as an economic approach to demonstrate the impact of corruption on economic loss to the state. The results show that the legal hermeneutics regarding the elements of economic loss to the state that must be proven are the actual loss of economic and social rights due to the lack of benefits experienced by the community as a result of the abuse of authority, opportunities, or resources available to them because of their position regarding branches of production and important and strategic natural resources controlled by the state for the greatest benefit of the people's welfare but instead benefiting themselves, others, or corporations. The calculation of economic loss to the state, whether from a microeconomic or macroeconomic perspective, can be assessed with the involvement of economic experts, as there is no standard formulation based on the impacts of the losses experienced by the community, leading to the judges’ confidence in the evidentiary statements provided by experts to decide on corruption cases related to economic loss to the state
Child Development in The Context of Law Through Indigenous Approaches and Local Wisdom (Strengthening Restorative Justice Within the Criminal Justice System)
Full text linkThe provisions related to children in conflict with the law are regulated in Law Number 11 of 2012 concerning the Child Criminal Justice System, which encompasses all forms of best interests, especially for children through the Restorative Justice approach. The problem in this study is how the regulation of the Criminal Justice System for children in conflict with the law in Indonesia and the urgency of customary law in realizing Restorative Justice in the settlement of cases of children in conflict with the law in Indonesia. The method used is Normative legal research with a statute approach and case approach. The results showed that the way to resolve children's criminal cases was through litigation and non-litigation. The urgency of customary law in realizing Restorative Justice in the settlement of cases of children dealing with the law in Indonesia needs to be reviewed because the settlement of children's cases through customary law will be very helpful and guarantee the best interests of the child. Meanwhile, the regulation on customary criminal sanctions in Law No. 11/2012 has not fully placed customary law as a Primum Remedium (primary remedy). Because in Article 71 paragraph (2) of Law No. 11/2012, customary sanctions are only a form of supplemental penalties. If the primary penalty is not enforced, the supplementary penalty cannot be implemented automatically
Public Participation in Environmental Matters: Indonesia’s Brief Reflection
Full text linkThe Aarhus Convention has played a pivotal role in advancing public participation in environmental matters in the world. This article introduces the principles and pillars of the Aarhus Convention as well as explores the Convention's impact on environmental governance and the promotion of transparent and inclusive decision-making processes. By examining the legal and institutional frameworks, case studies, and challenges faced in the implementation of the Aarhus Convention principles, it sheds light on Indonesia's journey towards achieving environmental sustainability through enhanced public involvement. The analysis reveals that, while significant progress has been made, there still need to be obstacles to fully realizing the Convention's objectives in Indonesia. This article underscores the need for continued efforts to strengthen the legal infrastructure, capacity building, and public awareness to ensure robust public participation and environmental protection in the Indonesian context
Tech Giants' Non-Negotiable Privacy Policies Strategy versus Indonesian Competition Law
Full text linkThis article aims to explore the tension between non-negotiable privacy policies of giant tech companies and Indonesian competition law. It scrutinizes the prevalent practice of imposing standard agreements on users, which often leads to an erosion of privacy and market competition. This article employs a normative legal research methodology complemented by Reform-Oriented Research. This method is used to evaluate the practice of non-negotiable privacy policies against the suitability of existing competition law regulations and to recommend changes to the regulations as deemed necessary. The study queries whether such non-negotiable privacy policies constitute an exploitative abuse of dominance under Article 25 of Law 5/1999. The analysis delves into the relationship between personal data exploitation and competition law, suggesting that the accumulation and control of user data by giant techs may strengthen their market dominance, potentially resulting in anticompetitive practices. The research offers insights into the intersection of data protection and competition law, advocating for an integrated approach to address the challenges of the digital economy. It recommends policy changes, including the adoption of Codes of Conduct, data mobility, and open standards to foster competition. Furthermore, the manuscript suggests leveraging the Small But Significant And Non-Transitory Decrease In Quality (SSNDQ) method for market analysis in the digital domain. In conclusion, this research calls for Indonesian competition law to adapt and proactively respond to the use of non-negotiable privacy policies and the complex dynamics of data-centric digital market business models, ensuring that markets remain competitive and consumer rights are protected
Community Empowerment Through the Utilization of Zakat for Productive Ventures in Sleman Regency
Full text linkThis research aims to determine and analyze the empowerment of the community through the utilization of zakat for productive ventures in Sleman Regency and the inhibiting factors in the community empowerment through the utilization of zakat for productive ventures. Data collection was conducted through document studies and interviews with respondents. The collected data were then analyzed qualitatively using a normative juridical approach. Based on the research conducted, the following conclusions were drawn: first, community empowerment through the utilization of zakat for productive ventures in Sleman Regency is focused on the economic sector through the provision of revolving capital and the provision of livestock assistance to groups or individuals classified as poor and still capable of working or doing business. The provision of zakat funds is carried out through grants or qardhul hasan contracts. Community empowerment through the utilization of zakat for productive ventures is in line with the provisions of Article 27 of Law Number 23 of 2011 concerning Zakat Management and Articles 32, 33, and 34 of Minister of Religious Affairs Regulation Number 52 of 2014. Second, inhibiting factors in community empowerment through the utilization of zakat for productive ventures include limited zakat funds to be distributed, limited assistance personnel, and declining motivation among some recipients of productive zakat assistance. To overcome these obstacles, cooperation with third parties is needed in providing funds and assistance personnel, as well as in motivating zakat recipients