176 research outputs found
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Challenges in Protecting Trafficking Victims' Rights in Indonesia: Tantangan dalam Melindungi Hak-Hak Korban Perdagangan Orang di Indonesia
No full textThis research focuses on the critical analysis of legal frameworks in Indonesia concerning the protection of witnesses and victims in human trafficking cases, scrutinizing the effectiveness and challenges from a perspective of dignified justice. Emphasizing the need for a fair judiciary system, the study delves into the implementation of existing laws and regulations related to the rights and protection of witnesses and victims in Trafficking in Persons (TPP) cases. Employing a normative legal methodology, the research extensively analyzes national and international norms and legal materials, including comparisons between national laws and international conventions such as the Palermo Protocol. Findings reveal that inadequate understanding and awareness among law enforcement about the significance of these rights, coupled with resource constraints, result in identity rights violations for witnesses and victims. Furthermore, challenges such as the perceived threats to witnesses and victims, limited human and financial resources in law enforcement agencies, legal uncertainties in TPP case handling, insufficient international cooperation in law enforcement, and the difficulty in balancing the rights of victims and defendants are identified. The study also highlights the importance of rehabilitation and reintegration policies for victims, suggesting that successful combat against human trafficking transcends judicial processes. Consequently, this research not only investigates existing laws and policies but also identifies gaps and potential improvements to ensure that witness and victim protection in combating TPP aligns with principles of dignified justice. The aim is to contribute significantly to developing a more effective, fair, and rights-sensitive judicial system in Indonesia.
Highlights:
Law Enforcement Gaps: Limited awareness and resources in protecting victims' rights.
Legal and International Hurdles: Challenges in TPP case handling and cross-border cooperation.
Rights Balance: Need for equilibrium between victim protection and defendant fairness.
Keywords: Human Trafficking, Witness Protection, Legal Framework, Indonesia, Rights of Victim
Worship in the Mosque during the Pandemic: A Study of Islamic Law: Ibadah di Masjid pada Masa Pandemi: Telaah Hukum Islam
No full textThe Covid-19 pandemic has affected almost every aspect of Indonesian life, including religious aspects such as the ban on congregational prayers in mosques. The measures taken by the government are certainly controversial among the public. The purpose of this study was to find out the practice of holding congregational prayers during the Covid-19 pandemic in Medan City based on the contemporary Ulama Ijtihad method and Islamic law. The method used in this study is a qualitative research method. The results of the study show that congregations in Medan City can still perform congregational prayer at the mosque, but by implementing strict health protocols such as applying a distance of at least 1 metre for prayer, mandatory wearing of masks, using their prayer mats, performing ablution (wudu) at home respectively, congregations are not allowed to gather at the same time as well as not allowed to bring such children to the mosque.Highlights:
Congregational prayers are allowed, with strict health protocols.
Measures include maintaining 1-meter distance, wearing masks, and using personal prayer mats.
Other precautions involve performing ablution at home, staggering arrival times, and prohibiting children in mosques.
Keywords: Congregational Prayer, Ijtihad method, contemporary ulama, Covid-19
 
Legal Protection Mechanisms and Consequences for Medical Negligence in Healthcare Services: Mekanisme Perlindungan Hukum dan Konsekuensi atas Kelalaian Medis dalam Pelayanan Kesehatan
No full textThis study critically examines the role of legal safeguards in enhancing healthcare service quality. Utilizing normative legal research methods, the study employs legislative and conceptual approaches to explore the dual nature of legal protection: preventive and repressive, in the context of healthcare professionals adhering to established Standard Operating Procedures (SOPs). The findings suggest that healthcare practitioners' negligence level and the resultant harm to patients or the public determines the legal implications. Such implications range from allegations of SOP and ethical code violations, to civil litigation for damages, and even criminal charges if medical actions endanger lives, potentially causing patient mortality. Therefore, the study highlights the necessity for legal accountability for healthcare practitioners, emphasizing that their service delivery must align with the set SOPs. These findings have profound implications for policy-making, emphasizing the need for robust legal protection for both healthcare practitioners and service recipients, thereby ensuring improved healthcare service quality.Highlights:
Dual nature of legal protection in healthcare.
Negligence level dictates legal consequences.
Emphasis on healthcare practitioners' legal accountability.
Keywords: Legal Protection, Healthcare Services, Medical Negligence, Standard Operating Procedures, Legal Consequences
 
Juridical Assessment of Collateral in Microfinance: A Statutory Approach: Penilaian Yuridis terhadap Agunan dalam Pembiayaan Mikro: Sebuah Pendekatan Hukum
No full textThis research investigates the juridical appraisal procedure employed by Microcredit Banks in Indonesia for land and building collateral. Utilizing a statute approach, the study scrutinizes both the subject (ownership status) and object (land location, boundaries, land status, and proof of ownership) of the collateral. The assessment also considers taxation aspects, including the Non-Tax State Revenue (NJOP) value, transaction price, and market price. The findings reveal that a comprehensive analysis incorporating these diverse aspects is necessary for accurate valuation. The study underscores the vital role of collateral evaluation in loan disbursement, emphasizing that banks need to ensure that collateral meets all credit security conditions. Consequently, in the event of borrower default, banks can legally seize the collateral to recoup the outstanding debt. The findings have implications for enhancing microcredit banking regulations and for bolstering the legal protections of both banks and borrowers.Highlights:
Juridical appraisal procedure adopted by Microcredit Banks crucially considers both the subject and object of land and building collateral.
Taxation aspects, including the Non-Tax State Revenue (NJOP) value, transaction price, and market price, are integral to the comprehensive evaluation of collateral.
Ensuring that collateral meets all credit security conditions is a paramount step in loan disbursement, providing legal protections for banks to recoup outstanding debt in the event of borrower default.
Keywords: Microcredit Banks, Collateral Evaluation, Juridical Assessment, Credit Security, Indonesian Banking Regulations.
 
Digitalization of the Legal System: Opportunities and Challenges for Indonesia: Digitalisasi pada Sistem Hukum: Peluang dan Tantangan bagi Indonesia
No full textThis study aims to analyze the impact and challenges of digitalization in the Indonesian legal system, focusing on its implications for legal education, data security, and professional readiness. Adopting a qualitative approach, the research synthesizes discussions on the evolution of legal processes in response to technological advancements. Findings highlight that digitalization offers efficiencies and transparency yet poses significant cybersecurity risks. The study underscores the urgent need for enhanced digital literacy and legal education reform, emphasizing skills in AI and blockchain technology. The implications of this study are pivotal for policymakers and educators as they navigate the balance between embracing digital innovation and addressing the associated risks in the legal domain.
Highlights:
Digital Technologies' Impact: Digitalization, especially through the E-Court program, significantly enhances the efficiency and transparency of legal processes in Indonesia.
Challenges in Implementation: Key obstacles include the digital divide between urban and rural areas, slow adaptation of legal frameworks, and concerns over data privacy and cybersecurity.
Need for Strategic Governance: Effective digital transformation in the legal system requires comprehensive strategies, improved cybersecurity, and the adaptation of legal professionals to technological advancements.
Keywords: Digitalization, Indonesian Legal System, Big Data, Blockchain, Artificial Intelligenc
The Elusive Justice: Analyzing Disparities in Judges' Decisions on Domestic Psychic Violence Cases: Keadilan yang Sulit Dipahami: Menganalisis Disparitas Putusan Hakim dalam Kasus Kekerasan dalam Rumah Tangga
No full textThis study aimed to analyze the basis for judges' considerations in cases of domestic psychological violence and to examine the causes of disparities in judges' decisions. The research employed a normative juridical research method. The results showed that judges' considerations in domestic psychological violence cases were based on three factors: juridical, sociological, and ideal philosophical considerations, which resulted in different decisions. The study found that disparities in judges' decisions could not be eliminated due to various influencing factors. Nonetheless, the act of psychological violence is considered a crime that disturbs family harmony and is prohibited by Law No. 23 of 2004. This research has implications for the need to establish clear guidelines for judges in handling domestic psychological violence cases to ensure consistency and fairness in the legal system.
Highlights:
The judge's considerations in domestic psychological violence cases include juridical, sociological, and ideal philosophical aspects.
Different considerations can result in different decisions, even in similar cases.
Acts of psychological violence in the household are prohibited by Law No. 23 of 2004 and can disrupt family harmony
Illegal Ministerial Circulars in Indonesia: Implications for Legitimacy: Surat Edaran Menteri yang Tidak Sah di Indonesia: Implikasi bagi Legitimasi
No full textThis normative research aimed to examine the extent of ministerial circular letters in Indonesia and whether a particular circular letter violates the Law Number 17 of 2014. Through a qualitative literature review and legal analysis, the study found that Minister of Finance Circular Letter Number S-841/Mk.02/2014 does not fall under the category of legislative rules and lacks external application, thus rendering it illegal. The study suggests that ministerial circular letters must adhere to the law, philosophy, and social considerations to be considered legitimate. The findings have implications for the proper implementation and interpretation of ministerial circular letters in Indonesia.
Highlights:
Ministerial circular letters in Indonesia must comply with the law, philosophical principles, and social considerations to be considered legitimate.
Ministerial circular letters are not regulations that apply to the general public, but only to ministries or institutions.
Ministerial circular letters that contradict higher laws are considered illegal.
 
Redefining Bankruptcy Law: Incorporating the Principle of Business Continuity for Fair Debt Resolution: Mendefinisikan Kembali Hukum Kepailitan: Memasukkan Prinsip Kelangsungan Usaha untuk Penyelesaian Utang yang Adil
No full textThis study critically examines the inadequacies of the current Indonesian Bankruptcy Law, highlighting the conflicting nature of its debtors' insolvency declaration mandate, as stated in Article 2, verse (1). The research explores the philosophical basis of incorporating the principle of business continuity into future bankruptcy regulations to ensure fair, rapid, transparent, and efficient debt resolution for both debtors and creditors. Employing a normative legal research methodology, the paper investigates the inherent values of justice, legal certainty, and interests, along with general and bankruptcy principles. The study posits that the essence of bankruptcy law is not merely to protect creditors but also to ensure the survival and continuity of debtor businesses. The findings reveal that existing bankruptcy procedures, including insolvency examinations and financial report analysis, could be refined to better safeguard debtor businesses. This paper argues that an explicit elaboration of the business continuity principle in bankruptcy legislation could promote balanced legal protection in insolvency proceedings. The implications of this research can guide legislative reforms, ensuring a more equitable and efficient debt resolution process in the Indonesian bankruptcy system.Highlights:
The current Indonesian Bankruptcy Law struggles with issues of fairness and efficiency in resolving debt problems.
The principle of business continuity should be explicitly incorporated into bankruptcy legislation to ensure balanced protection for both debtors and creditors.
Legal examination mechanisms, such as insolvency examinations and financial report analysis, could be further refined to safeguard debtor businesses more effectively.
Keywords: Indonesian Bankruptcy Law, Debt Resolution, Business Continuity, Normative Legal Research, Legal Protection
Legitimacy of the Notary Inspection Board within the Indonesian Legal Framework: Legitimitasi Majelis Pemeriksa Notaris dalam Kerangka Hukum Indonesia
No full textThis study examines the position and legitimacy of the establishment of a Notary Inspection Board within the Indonesian legal framework, with a particular focus on the Law on Notary Position (UUJN) and Ministerial Regulation of Law and Human Rights (Permenkumham) Number 15 of 2020. The research employs a normative legal method to scrutinize norms within the UUJN and Permenkumham 15/2020, prompted by perceived normative disharmony between these regulations regarding oversight and sanctioning of notaries. Contrary to prior research that suggested a normative disharmony, this study finds that the Inspection Board acts on behalf of the Notary Oversight Board, as its members are part of the latter, with duties delegated by the Chairperson of the Notary Oversight Board. Thus, Permenkumham 15/2020 does not contradict the UUJN. Nevertheless, for greater clarity, the study recommends revisions to Permenkumham 15/2020, emphasizing the basis of authority and formation of the Inspection Board.Highlights:
No legal disharmony between Ministerial Regulation 15/2020 and the Law on Notary Position.
Notary Examination Board is part of the Notary Supervisory Board.
Amendments to Regulation 15/2020 are suggested for clearer authority and establishment process.
Keywords: Notary Examination Board, Notary Supervisory Board, Ministerial Regulation 15/2020, Law on Notary Position, legal harmonization.
 
Application of Capital Punishment for Narcotics Offenders in the Perspective of Responsive Law: Penerapan Sanksi Pidana Mati terhadap Pelaku Kejahatan Narkotika dalam Perspektif Hukum Responsif.
No full textThis study employs a normative legal research method, grounded in the Nonet and Selznick theory of responsive law, to examine the implementation of capital punishment for narcotics offenders in Indonesia. Evaluating the punitive measures through the lens of responsiveness to societal goals, participation of vulnerable groups, and legal institutions' balanced response, the research highlights the need for a nuanced approach. Findings indicate that the current use of capital punishment lacks effectiveness and contradicts human rights principles. The study suggests a reassessment, prioritizing rehabilitation and decriminalization for a more humane and sustainable approach to combating narcotics trafficking.
Highlights:
The study reevaluates the application of capital punishment for narcotics crimes in Indonesia through the lens of responsive legal principles.
Findings underscore the ineffectiveness of the current punitive measures and their conflict with human rights norms.
The research advocates for a reconsideration of the approach, emphasizing rehabilitation and decriminalization to achieve a more humane and sustainable strategy against narcotics trafficking.
Keywords: Capital Punishment, Narcotics Offenses, Responsive Law, Human Rights, Rehabilitation