Veritas et Justitia
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PEMBUATAN AKTA/SURAT KETERANGAN WARIS OLEH NOTARIS BAGI MASYARAKAT ADAT BALI
No full textThe legal basis justifying the existence of notaries as public officials and a legal profession were Netherland-Indies laws. These colonial laws were, by virtue of Art. I Transitional Rules of the 1945 Constitution of the Republic of Indonesia (4th Amendment), taken over and considered to be still in force. Consequently, one of the public service offered by Notary publics, i.e., issuance of letter of inheritance or written affidavit stating which family members of the deceased may by law be regarded as heir-successor, has not been made available to Balinese adat communities. This service can only be enjoyed by those individuals who submit themselves to the (colonial) Civil Code. The article explores, using a juridical empirical approach, the possibility to extent the above public notary’s service to Balinese adat (traditional) communities
PENGATURAN ILLICIT ENRICHMENT DI INDONESIA
Full text linkThe United Nations Convention against Corruption (UNCAC) provides states with the opportunity, by means of their national criminal law, to criminalize a number of diverse corruptive behaviors, inter alia, illicit enrichment. By using a legal normative approach, the author discusses the chances and obstacles Indonesia face when introducing illicit enrichment as a crime alongside other crimes regulated in the Law on (the eradication of) corruption and law re. Money laundering. Apparently the primary aim to criminalize illicit enrichment through the national criminal law is to provide the state with a legal instrument to recover assets the result of corruption or money laundering. Attention should be given, however, on a number of obstacles coming from the interpretation of presumption of innocence principle and exiting regulation on the obligation for government officials to report their assets
EVALUASI KEBIJAKAN MORATORIUM PADA PERKEBUNAN KELAPA SAWIT
No full textIn 2018, the Indonesian government issued Presidential Instruction No. 8 of 2018 re. suspension and evaluation of palm oil plantation permits and boosting of its productivity (Moratorium policy). This article is written as a critique, using a legal-dogmatic approach, directed towards this policy. It is noted that there exists uncertainty about which license, from the web of existing and relevant permits-licenses, are going to be suspended and evaluated. This legal uncertainty in the final analysis hampers the effort to make Indonesia prosperous as aspired by the 1945 Constitution (Art. 33)
PERLINDUNGAN HUKUM TERHADAP DATA PRIBADI DALAM INDUSTRI FINANCIAL TECHNOLOGY
Full text linkIt came to the author’s attention that personal data collected or appropriated in the course of FinTech industry especially those that related to FinTech Peer to Peer Lending services are prone to misuse. The author, after perusing the prevailing laws regarding FinTech industry, concludes that a well-functioning system of rules has been put in place to regulate this industry. However, what is lacking is sufficient guarantee or protection of consumer’s personal data. Available is the option to use a weak (administrative, civil or penal) sanction against alleged misuse or misappropriation of personal data. To enhance better legal protection, the author suggests, that the government issue a special law on personal data protection, including establishing a a special governmental supervisory body to that purpose
FORMULASI KEBIJAKAN PEMBENTUKAN KURIKULUM MUATAN LOKAL BUDIDAYA DAN AGRIBISNIS JAGUNG
Full text linkThis article addressed the question, from a juridical empirical approach) to what extent the making and implementation of a new curriculum at formal educational institution at Madura containing lesson for the preservation and development of local corn cultivation and agriculture may have positive impact on the enhancement of the local economy. Field study is conducted at the Sumenep district. The main finding is that the regional autonomy policy opens up the possibility for regional/local government to make and implement educational policy introducing a new curriculum containing lesson in local corn cultivation and corn agribusiness. This new curriculum may be implemented at the basic school up to the intermediate level with the purpose of strengthening local culture, i.e., traditional corn cultivation. With that in mind a regional regulation should be issued providing the legal basis for the above policy
PELAKSANAAN FUNGSI REKOMENDASI OMBUDSMAN REPUBLIK INDONESIA TERHADAP KEPALA DAERAH
Full text linkThe author grapples with the issue of how Heads of Regional government respond to Ombudsman’s recommendations, suggesting correction of public service failures, and what are the legal repercussions if those regional government heads chose to disregard such recommendation. Relevant legal norms - identified from existing legal sources - shall be discussed. It is suggested that Heads of Regional Governments are under the legal obligation to heed the given recommendation and rectify the government error as proposed. In practice, recommendations can and have been on numerous times been ignored. Administrative sanctions, i.e. obligatory special re-training-education programs, in the case of failure to meet Ombudsman’s recommendation, has been dismissed with impunity by both the Ministry of Home Affairs and the Heads of Regional/Local government, by reason of political or legal considerations
OPTIMALISASI ASAS OPORTUNITAS PADA KEWENANGAN JAKSA GUNA MEMINIMALISIR DAMPAK PRIMUM REMEDIUM DALAM PEMIDANAAN
Full text linkIn the Indonesian criminal justice system, every public prosecutor possesses the authority to cease criminal prosecution in the name of public interest. In contrast, in the Netherland, only the Attorney General (Procureur Generaal) at the Supreme Court has this authority. This article discusses this authority to cease of terminate criminal prosecution in the name of public interest. To do this a comparative approach is used in which the ruling of this authority to terminate criminal prosecution as found in the Draft of the Indonesian Criminal Code will be compared against the same regulation and policy used in the Netherlands. A doctrinal and comparative law approach will be used. One recommendation resulting from this research is the need to re-evaluate the existing procedure and requirement of terminating criminal prosecution in the public interest in the Indonesian context and the introduction of Rechter-Commissaris into the criminal justice system
TANTANGAN PENERAPAN ANALISIS DAMPAK DALAM LEGISLASI INDONESIA
Full text linkQuality of legislation, undoubtedly, is influenced by the preliminary legal research conducted. But there is more, as a number of members of the Organization for Economic Co-operation and Development (OECD) in this context also utilizes impact assessment studies to guarantee good legislations. The question discussed here is to whether impact assessment study should also be used by the Indonesian parliament. By looking at countries which already implement this approach, it is found that such impact assessment study can only be performed if experts are readily available. In any case, the author recommends that the government adopt this approach in the making of statutes
SEJARAH PEMBANGUNAN HUKUM PERBANKAN SYARIAH DI INDONESIA
Full text linkIn this article the author traces the historic development of Islamic or sharia banking in Indonesia and this will be done by analysing the evolution of a series of successive laws promulgated over time. From these laws (Law Nos. 7/1992; 10/1998 and 21/2008) we can discern, how over the years, the Indonesian government gradually accept and recognized sharia banking principles, resulting in the establishment of Sharia Banks alongside conventional Banks. These successive laws also shows the gradual process of policy changes which involves a top-down, bottom up and again a top down approach. Through this process, Sharia Banks develops in Indonesia and has been able to meet society’s need not only for a modern banking system, but also more importantly, providing banking services in line with the sharia.
PENDEKATAN HAK ASASI MANUSIA PADA SISTEM PEMIDANAAN DAN PUTUSAN PERKARA KORUPSI
No full textThis juridical normative and empirical study is conducted with the aim at analyzing the relationship between corruption and human rights violation. Two issues shall be discussed, i.e. what factors inhibits the use of human right approach in corruption cases and what changes can be made to the criminal justice system, especially in relation to the penal judgement. One factor inhibiting the use of a human right approach in handling corruption cases in the perspective of treating corruption as pure criminal act wholly unrelated to violation of human rights. To rectify this situation and accommodate this human right approach, the author recommends to prioritize and use fine which basic value is social welfare. Court decision in corruption cases, in addition, should when evaluating elements of crime charges, explicitly describe those rights of the victims which are violated and use this consideration in determining what penal sanction are to be given.