Veritas et Justitia
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MENELISIK DAMPAK PERKEBUNAN KELAPA SAWIT BAGI HUTAN ADAT, HAK ULAYAT, DAN VISI EKOLOGIS MASYARAKAT HUKUM ADAT DI KALIMANTAN BARAT
Full text linkAccording to the result of a research conducted in 2016 entitled "Changes in the Mindset of Dayak Indigenous Peoples in Sanggau Regency towards Customary Forests as a Result of Palm Oil Plantations", this article aims to describe the impact of oil palm plantations on indigenous forests, customary rights, and the ecological vision of Adat communities in West Kalimantan. The research method used is a qualitative method with a phenomenological approach. The findings of this research indicate that economic benefits obtained from oil palm plantations are not proportional with the ecological and social losses resulting from the impacts, both directly and indirectly. It is also found that Adat communities living around oil palm plantations often face the threat of horizontal conflicts due to competition over cultivated land and ecological threats in the form of floods and landslides. The findings within thisis useful to strengthen the understanding of the importance and necessity of developing oil palm plantations with due regard to the local wisdom and constructive ecological vision to maintain the existence of indigenous forests as customary rights. Therefore, land clearing for oil palm plantations must pay attention to local wisdom, preserving nature so that the sustainability of ecosystems and communities is guaranteed
MEMAKNAI KEKHILAFAN HAKIM DALAM PUTUSAN NOMOR 308 K/Pdt.Sus-PHI/2018
Full text linkThese days, the industrialization era is rapidly developing and has impacted industrial relations disputes that are becoming increasingly complex and unavoidable. In the case of industrial relations disputes, difference in the decision between the first instance and the cassation level (there is no appeal for industrial relations disputes) occurs frequently. As such is the case between Siti Harini and PT Batik Danar Hadi, in which the verdicts of the first instance and cassation (Case Number: 37/Pdt.Sus-PHI/2017/PN.Smg and Case Number: 308 K/Pdt.Sus-PHI/2018) and the results of the previous first instance decisions (Case Number: 19/Pdt.Sus-PHI/2017/PN.Smg) differed from one another. In Case Number: 37/Pdt.Sus-PHI/2017/PN.Smg, Siti Harini\u27s lawsuit was granted; in Case Number: 308K/Pdt.Sus-PHI/PN.Smg, PT Batik Danar Hadi\u27s cassation application was granted; howeverin Case Number: 19/Pdt.Sus-PHI/2017/PN.Smg, Siti Harini\u27s lawsuit was dismissed. If the lawsuit is filed while the case at hand is still in the middle of examination at the cassation level, it can be said that the suit is too early (premature) and consequently should be declared inadmissible (Niet Ontvankelijke Verklaard), but in fact it was granted instead. Hence, it can be concluded that there is an error in the judgment making. Conclusively, it can be stated that the implication of an error in the judgment in the first instance creates legal uncertainty and injustice in the decision
HAK AKSES ATAS ENERGI BERSIH DAN TERJANGKAU SEBAGAI BENTUK PEMENUHAN HAK ATAS TEMPAT TINGGAL YANG LAYAK
Full text linkAccess to clean and affordable energy has become a persistent problem faced by countries worldwide. The peak increase in oil prices experienced in a few decades has made it difficult for the low incomes to access clean energy. At present, many people in rural areas still use wood as fuel for cooking. Indoor wood-burning activities might cause air pollution and triggers respiratory problems. Employing a conceptual approach, this article examines the debate on the concept of moral and legal right of the right to clean and affordable energy under international law. Moreover, it analyses the correlation and the importance of such right for the fulfilment of the right to adequate housing and how states adhere to it. The research finds that there is yet any legal instruments directly recognising the right to clean and affordable energy. Nevertheless, there is plenty recognition of the importance of energy as vital element for fulfilling other human rights, such as the right to adequate housing. It is found that states have recognised the utmost influence of energy on achieving economic and social goals. However, current state practices heavily depend on soft law and show their commitment to facilitate and fulfil the moral right to clean and affordable energy. Integrating human rights principles, norms, and standards into legal rights and policies on energy development plan are indeed crucial. Such integration will enable the recognition of energy as an entitlement, which will place energy as a precondition that must be provided as essential services to enable adequate life of inhabitants
FORMULASI PIDANA PENUTUPAN KORPORASI ATAS DELIK LINGKUNGAN HIDUP
Full text linkCorporations’ important and strategic role is indispensable to the development of national economy. Even so, economic development should not be used to serve corporation as justification to sacrifice the environment and wellbeing of the society in order to gain maximum profit. Efforts to develop the mechanism of corporate liability for environmental offenses have been continuously done through the Environment Law issued from 1997 to 2009 and regulations in the Job Creation Law. However, the formulation of responsibility for environmental offenses is still relatively weak, coupled with the absence of a provision for when an environmental offense is committed by a corporation, and the inadequate arrangements for executing punishment for corporations. Through statutory and conceptual approaches, this study seeks to formulate criminal formulations that can be applied to corporations for environmental offenses. In this case, the research is focusing on the additional penalty of corporation dissolution which is seen as the ultimate punishment for corporate law subjects. The existence of dissolution as punishment might serve as an answer to other problems within the realms of environmental law enforcement. This study aims to present provisions of criminal penalties against corporations that pollute and/or damage the environment through editorial norms construction
GUGATAN ACTIO PAULIANA TERHADAP DIREKSI DAN KOMISARIS ATAS PENOLAKAN PENGEMBALIAN DIVIDEN INTERIM PEMEGANG SAHAM PERSEROAN TERBATAS
Full text linkDistribution of interim dividends distributed before the end of the financial year by the Director with the approval of the Commissioner. This distribution can be made if the company\u27s finances are in a profitable condition based on the year-end audit carried out by a Public Accountant. Companies that experience losses in their reports at the end of the year, shareholders are obliged to return interim dividends based on Law Number: 40 of 2007 concerning Limited Liability Companies. Likewise, companies experiencing bankruptcy based on Law Number: 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations. The curator in bankruptcy based on Auctio Pauliana with other claims can request the return of the company\u27s interim dividends in the Commercial Court. However, the Curator can only ask for responsibility for the return of interim dividends to the Director and Commissioner jointly and severally. The obligation of the Directors, whose authority has been taken over by the Curator, is to sue the shareholders in the District Court based on Law Number: 40 of 2007 concerning Limited Liability Companies. The problem is, cases in District Court are complicated cases, not simple cases. This research uses normative juridical methods. In the discussion, the Director whose authority has been taken over by the Curator, if the shareholders reject the return of the interim dividend, will file a lawsuit in the District Court. However, a case at the District Court will take a long time, therefore the dividend return case must be submitted to the Commercial Court. In conclusion, to make it easier for the Director to file a lawsuit for the return of interim shareholder dividends in the Commercial Court, the Curator will provide a power of attorney and the case for the return of interim dividends will be made simple
PARADIGMA POLITIK HUKUM PENGUPAHAN INDONESIA: STUDI HAK ATAS UPAH LAYAK BAGI BURUH INFORMAL
Full text linkIn developing countries, including Indonesia, majority of workers are informal with low wages. This situation occurs mainly because of the problems with their status as informal workers and how Indonesian labor law regulates on that matter. On this basis, this research was conducted by investigating labor law policies in the field of wages that do not protect informal workers, i.e., wage policy. There are two issues that are the focus of the study in this research. The first is: what is the paradigm of Indonesian wage policy? Second, what paradigm must be incorporated into wage policy in order to provide informal workers with decent wages? The research was conducted using a non-doctrinal research type supported by statutory and conceptual approaches. The conceptual approach is particularly based on Roscoe Pound’s conceptualization of sociological jurisprudence. The research resulted in the finding that Indonesian wage policy is based on the contractualism paradigm, which is rooted in the idea of neoliberalism and causes informal workers to receive low wages. The study also reveals that there is a need to incorporate a human rights paradigm into Indonesian wage policy so that Indonesian wage policy is able to provide a decent life for informal workers
PERTANGGUNGJAWABAN PERDATA TERHADAP ARTIFICIAL INTELLIGENCE YANG MENIMBULKAN KERUGIAN MENURUT HUKUM DI INDONESIA
Full text linkArtificial Intelligence ranging from the simple ones to the advanced forms is developed by various countries, including Indonesia. It is then inavoidable that all these types of Artificial Intelligence might produce errors and causing loss to the user. Unfortunately, at present there is no law in Indonesia explicitly regulates the legal protection for users who encounter material and immaterial losses due to output errors made by Artificial Intelligence. This research is done to contribute in the field of private law with a normative and descriptive approaches. It is found that dynamic and open regulation is needed to anticipate and deal with any future risks. As a conclusion, as there is no legislation that specifically regulates the responsibility of material and immaterial losses caused by Artificial Intelligence, hence at present we can only rely on Article 1367 of the Burgerlijk Wetboek known as strict liability. Artificial Intelligence can be considered as an intangible property, therefore the person who oversees the use of Artificial Intelligence has a responsibility for the losses caused in the course of the use of Artificial Intelligence
KELINDAN ANTARA ‘HAK NEGATIF’ DENGAN ‘HAK POSITIF’ DALAM DISKURSUS HAK ASASI MANUSIA
Full text linkThis paper examines the conceptual dichotomy between ‘negative right’ and ‘positive right’ in the current discourse of human rights. The dichotomy has been embedded due to the historical description of generations of human rights, encompassing the civil and political rights that have liberalism influences, to the economic, social, and cultural rights that have socialist influences, and the last generation of rights being the collective and solidarity rights. This paper analyses the dichotomy from the standpoint of the right to development, with some pivotal approaches, including conceptual, case law, and comparative constitutional law approaches. It concludes that the dichotomy can only be used in a teaching and pedagogical setting of human rights, but the dichotomy cannot sustain the test in theoretical-conceptual and practical analyses
ANALISIS PUTUSAN PENOLAKAN PEMBATALAN MEREK “PIERRE CARDIN”
Full text linkWell-known trademarks are crucial to be protected because they are susceptible to infringement by third parties. Disputes concerning well-known trademarks are quite prevalent in Indonesia. One case involving a well-known trademark in Indonesia that is the focus of this research is the "PIERRE CARDIN" trademark case. Therefore, this research aims to investigate and analyze the "PIERRE CARDIN" trademark case based on Decision Number 15/Pdt.Sus-Merek/2015/PN.Niaga.Jkt.Pst, Decision Number 557 K/Pdt.Sus-HKI/2015, and Decision Number 49 PK/Pdt.Sus-HKI/2018. The research methodology employed is descriptive-analytical, involving an examination of legal documents and literature in the field of law. The analysis results indicate that there were inaccuracies in the judge\u27s decision-making. The judge ruled that there was no evidence of bad faith in an individual\u27s registration of the "PIERRE CARDIN" trademark, even though the registered trademark was the same as another individual\u27s name and well-known trademark. The judge also made an inaccurate decision regarding the distinctiveness of the trademark. This inaccuracy in the decision could have implications for trade and investment due to the uncertainty surrounding the enforcement of protection for famous trademarks in Indonesia
DAMPAK ASAS IMUNITAS TERHADAP PENYELESAIAN PERSELISIHAN HUBUNGAN KERJA ANTARA PEGAWAI SETEMPAT (LOCAL STAFF) DENGAN PERWAKILAN NEGARA ASING
Full text linkThe employment agreement between local staff and Representatives of Foreign Countries (RFC) is very problematic, because many people believe that a RFC has the immunity to be sued before the court where the RFC is located. Applicability of this immunity to employment agreement’s disputes between the local staff and the RFC is debatable. This paper will examine restrictions on the application of the principle of immunity in employment agreements, and how these exemptions impact legal protection for local staff. Therefore, using the normative/doctrinal approach, this paper will discuss the meaning of the immunity principle and its application in the employment relationship between RFC and local staff; the jurisdiction of the local court to resolve disputes between local staff and the RFC; and the impact of the limitation of the principle of immunity to the legal protection that will be provided to local staff with RFCs. Those will be seen both in regulations, court decision and opinio-doctorum. Finally, this paper will recommend parameters for determining the criteria to limit the application of the immunity principle in the employment agreement