176 research outputs found
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Restorative Justice in the New Criminal Code in Indonesia: A Prophetic Legal Study: Keadilan Restoratif pada KUHP Baru di Indonesia: Suatu Studi Hukum Profetik
No full textThe existence of Law No. 1 of 2023 concerning the Criminal Code (UU KUHP) as the new Criminal Code (KUHP) in Indonesia seeks to apply the legal ideals of Restorative justice is one of the concepts substantively constructed in the newly ratified Criminal Code. This study aims to analyze the existence and implications of restorative justice after ratifying the Draft Criminal Code (RKHUP) as a law. This research is normative legal research with statutory and conceptual approaches. The results of the study confirm that the existence of the concept of restorative justice from a prophetic law perspective fulfills the three fundamental values of prophetic law, namely: divinity, humanity, and justice. So, that the application of restorative justice in a prophetic law perspective strengthens the substance of the legal state of Indonesia as a nation-state based on the Godhead. Almighty. The implications of restorative justice after the ratification of the RKUHP became the Criminal Code Law in the perspective of prophetic law; that is, the substance of restorative justice has been facilitated in the Criminal Code Law and is spread across various articles. One of the affirmations in the Criminal Code Law is that punishment must not demean human dignity, which means protecting human dignity is God's commandment and a person who ignores the dignity of fellow human beings is a person who transgresses limits. Thus, who can conclude that the substance of restorative justice facilitated in the Criminal Code Act is relevant to prophetic law
Liability of Mining Companies Related to Environmental Pollution in the Perspective of Prophetic Law: Pertanggungjawaban Perusahaan Tambang Terkait Pencemaran Lingkungan dalam Perspektif Hukum Profetik
No full textThis study aims to analyze aspects of mining company liability related to environmental pollution in the perspective of prophetic law. A review of prophetic law is used as an analytical knife to confirm the existence of prophetic law, one of which emphasizes "unity" between the interests of humans and the universe (including the environment). This research is a normative legal research by prioritizing the concept and statutory approach. The results of the study confirm that proper legal responsibility for mining companies if it is proven that there is environmental pollution in a preventive manner or prevention, mining companies need to anticipate that before mining companies carry out mining activities, they must submit a post-mining reclamation plan and provide a post-mining reclamation guarantee fund. Then in the implementation of mining activities supervision must be carried out continuously and negotiate/persuade or supervise so that mining companies carry out their mining activities in compliance with permit conditions and other conditions for carrying out environmentally sound mining activities. Viewed from the perspective of prophetic law, legal accountability for mining companies in relation to environmental pollution is actually in accordance with three aspects of prophetic law, namely aspects of transcendence, humanization, and liberation. Therefore, in order to make law enforcement effective regarding legal liability for mining companies in relation to environmental pollution, it is necessary to harmonize and synchronize laws and regulations as well as the need for efforts to maintain coherence between statutory regulations and practice in the field
Implementing Pancasila Economic System through BUMDes: A Legal Analysis on Desa Empowerment and Indonesia's Legal Framework: Menerapkan Sistem Ekonomi Pancasila melalui BUMDes: Analisis Hukum tentang Pemberdayaan Desa dan Kerangka Hukum Indonesia
No full textThis normative legal study aims to analyze the application of the Pancasila economic system in Desa through BUMDes. The research focuses on two legal issues: the urgency of implementing the Pancasila economic concept in Desa and constructing Indonesia's legal framework through BUMDes practices. The research results show that Desa requires empowerment and welfare improvement, making the implementation of the Pancasila economic system crucial. BUMDes is expected to implement the Pancasila values in its economic system and prioritize fair distribution of economic resources and community welfare. The legal construction of Indonesia through BUMDes practices can be done by adopting Pancasila economic values and principles of kinship and cooperation. The implication of this study is to encourage policymakers to promote the implementation of the Pancasila economic system and BUMDes practices in empowering Desa and constructing Indonesia's legal framework.Highlights
Urgency of implementing Pancasila values in Desa for empowerment and welfare improvement.
BUMDes as a means to implement Pancasila economic system and prioritize fair distribution of resources.
Legal construction of Indonesia through adoption of Pancasila economic values and principles of kinship and cooperation.
Keywords: Pancasila economic system, BUMDes practices, Desa empowerment, Legal framework, Fair distribution
Lack of Protection for Non-Fungible Token (NFT) Creators in Indonesia: A Progressive Legal Study: Kurangnya Perlindungan Pencipta Non-Fungible Token (NFT) di Indonesia: Suatu Kajian Hukum Progresif
No full textThis article presents a normative legal research that aims to provide legal protection guarantees for creators of Non-Fungible Token (NFT) works from a progressive legal perspective. The research used a statutory approach and concept approach to examine the implications of NFT on the existing legal framework. The results confirm that NFT requires special regulations to protect creators' rights, including revising the Copyright Law and developing regulations to affirm NFT's character. The study recommends that NFT works be included in copyright through extensive and futuristic interpretation, and the government's legal policy should specifically regulate NFT and issue certificates of NFT works to ensure legal protection and certainty. Overall, this research highlights the need for proactive legal responses to technological developments such as NFT, which can have economic value and require legal protection.Highlights:
Non-Fungible Tokens (NFT) require special legal protection for creators due to their economic value.
Revising Copyright Law and developing regulations to affirm NFT's character are recommended.
NFT works should be included in copyright through extensive interpretation and the government should issue certificates of NFT works to ensure legal protection and certainty
Should the Country Abolish Freedom of Religion to Counter Terrorism? Haruskah Negara Menghapus kebebasan Beragama Demi Melawan Teroris?
No full textThis paper is offer an assessment of the situation regarding freedom of religion in Xinjiang China. It argues that the Xinjiang authorities and the China government responsible for freedom of religion violation under their counter terrorism action. Even though, the freedom of religion is derogable right however the reason shall be under the national security and public order situation but, what the government do is too far and could lead Uighur religion eradication. To investigate the Xinjiang authorities and China government action, the paper collects the data from many Non-governmental organization and United Nation Report and analysis the fact with the international regulation and national regulation that China follow or have
Law Enforcement of Right of Equality in Work for People with Disability: Evidence from Sleman, Indonesia: Penegakan Hukum Hak Kesetaraan dalam Pekerjaan bagi Penyandang Disabilitas: Bukti dari Sleman, Indonesia
No full textThis research aims to understand the implementation of supervision law supervision toward Articles 5 and 14, and the law enforcement toward Article 28 of Law No.4 Year 1997 on People with Disability in Sleman Regency. Data are obtained through interviews and literature related to the problem. The results of this research show that the implementation toward article 5 and 14 are not yet effective and the law toward article 28 is not implemented yet in Sleman
The Government of Indonesia's Accountability Against Forest Degradation Due to Deforestation Based on the Paris Agreement to the United Nations Framework Convention on Climate Change: Tanggunggugat Pemerintah Indonesia Terhadap Degradasi Hutan Akibat Deforestasi Berdasarkan Paris Agreement to the United Nations Framework Convention on Climate Change
No full textThis study aims to describe and explain the form of Indonesia's responsibility for climate change due to deforestation based on the Paris Agreement. As a form of contribution to climate problems, the Government has adopted the Paris Agreement with the instrument Law Number. 16 of 2016. However, the commitment to contribute to reducing greenhouse gas emissions has encountered problems in its implementation. On this basis, this study discusses the state's responsibility for climate change due to deforestation. The main emphasis will be on the forestry sector. This problem is the biggest obstacle in Indonesia's commitment to meet the greenhouse gas emission reduction target. This research method uses normative or doctrinal, the data collection process is carried out by reviewing literature that is relevant to the problems written by the author. The result of this research is that regulations on how to overcome the climate crisis in Indonesia are seen as not being able to implement changes in substance with the ultimate goal of reducing emissions as desired. The issue of effectiveness, especially the problem of legal requirements, is still a principle constraint, even some administrative arrangements contain decisions that contradict the declared responsibilities. In line with that, it is proposed the importance of strong guidelines, implementation of the law and balance of responsibilities through the environmental strategy that is carried out
Restorative Justice Arrangements in the Indonesian Criminal Justice System: A Contribution of Thoughts: Pengaturan Restorative Justice dalam Sistem Peradilan Pidana di Indonesia: Sebuah Sumbangsih Pemikiran
No full textThe criminal justice system has an orientation to involve various components to prevent the occurrence of criminal acts. In the practice of criminal law, the idea of restorative justice has emerged in the practice of law in Indonesia. This study aims to initiate the regulation of restorative justice in the Criminal Procedure Code as part of the criminal justice system's development. This research is normative legal research oriented to the study and analysis of positive law. This study examines the legal issue, namely the legal vacuum in the regulation of restorative justice in the Criminal Procedure Code. The study results confirm that restorative justice is part of the criminal justice system, especially in the aspect of the criminal justice system process, which effectively and efficiently strengthens the orientation of the legal process effectively and efficiently in criminal law enforcement. In this context, restorative justice is part of the development of legal theory and practice and an effort to revive the value of local wisdom in Indonesian criminal law. The Ius constituendum or future arrangements related to restorative justice in the Criminal Procedure Code need to be carried out so that the Criminal Procedure Code can guide the implementation of formal law in Indonesia that has Indonesian aspirations, especially with the application of restorative justice in practice as well as the pouring of restorative justice in the Criminal Procedure Code which is essential to ensure legal certainty as well as provide a dimension of harmony for restorative justice arrangement
Forced Defense in Indonesia: Striking a Balance between Proportionality and Subsidiarity: Pembelaan Diri di Indonesia: Menegakkan Keseimbangan antara Proporsionalitas dan Subsidiaritas
No full textThis study aimed to assess the compliance of the decision made by the Kepanjen District Court Number 1 /Pid.Sus-Child/2020/Pn Kpn with the provisions of criminal law book of article 49 paragraph 1 and paragraph 2, which govern forced defense as a means of self-defense. Using the normative method, the study examined legal literature to establish the truth of the matter. The study found that a forced defense must adhere to the principles of proportionality and subsidiarity to be considered legitimate. The conclusion drawn from this study is that the decision of the Kepanjen District Court must be evaluated based on these two requirements to establish the legal truth of the matter.
Highlights:
Proportional and subsidiarity requirements are essential for a forced defense to be considered legitimate.
Excessive actions that go beyond the threat faced may not be considered a forced defense.
The actions of the victim must be considered in evaluating the legitimacy of a forced defense
Reconstruction of the Legality Principle: The Essence of the Pancasila Spirit in Criminal Law Reform
No full textThe principle of legality is the main joint in criminal law. This is because the principle of legality relates to the rights and obligations of the community that have the potential to be subject to criminal law. This study aims to explore the values of Pancasila in the renewal of the national criminal law through the reconstruction of the legality principle in the Draft Criminal Code. This research is normative legal research by prioritizing the concept and legislation approach. The results of the study confirm that the renewal of the national criminal law through the Draft Criminal Code is an important matter, especially by reconstructing the legality principle from formal legality to material legality. Reconstruction of the principle of legality is needed because the principle of legality is the heart of criminal law. This means the reconstruction of the criminal law specifically as well as the reconstruction of the principle of legality. Efforts to reconstruct the principle of legality should be guided by the values of Pancasila as the ideals of Indonesian law. The reconstruction of the legality principle from formal to material, guided by the legal ideals of Pancasila is expected to be relevant to the needs and legal reality of the Indonesian people. This is so that Indonesian criminal law in the future has Indonesian ideals that it is in accordance with the nation's characteristics, personality, and legal ideals, namely Pancasila