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Village Sovereignty in Dispute Resolution after Law No 6 of 2014 concerning Village
Full text linkThe research was conducted in order to strengthen the position of the village as a form of social control institution in solving problems that is present in the village setting which began to disappear since the independence era. A descriptive-qualitative approach with a historical-normative method is used to find the concept of the village sovereignty, obtained from studies of primary and secondary legal data. The research aims to get a historical picture as a conceptual reflection and judicial basis for developing and legitimizing the village as the place for resolving disputes among the populace. Since the monarchy until the colonial era, the village was given the authority to solve the problems of its people independently, this authority is severed after entering the independence era. The government finally began to realize the importance of village as autonomous and independent through Law No. 6 of 2014 concerning Villages and strengthened by Supreme Court Regulation; PERMA No. 1 of 2016 concerning the Mediation Process in the Court. Through the Regulation, the village head now has the authority to resolve the problems among its populace and create agreements regarding it. Hence, support from the government is needed to the respective village heads and the chosen delegates through regulation and mediation trainin
Space Control Concept : A Comparison Between Space Legal Theory and Indonesian Law
Full text linkThe purpose of the study is to provide a theoretical basis on the discussion of space by comparing the theory of space law with Indonesian laws related to space. Nowadays, space is no longer empty land, no man's land, but has become an arena of competition for the interests of various countries and international organizations. As space currently has limitless economic and strategic values. To utilize space optimally, an understanding between the parties concerned is necessary. Thus, the existence of the theory of space law becomes a vital issue in bridging the gap between the needs and availability of area in space as not every position in space has the same economic and strategic value. The research was conducted by using the method of doctrinal legal research using the conceptual and legal approach which is explained descriptively by analysis using the deductive method. The results of the study are going to determine the differences in the concept of mastery of space according to the theory of space law and according to Indonesian law
The Issue of Copyright Infringement in 4.0 Industrial Revolution: Indonesian Case
Full text linkIndustrial revolution has substantially changed the economy and society. The fusion of technologies and information marked the fourth industrial revolution which brings about new challenges relating to protection of intellectual property, including copyrights. With regard to this, there has been several changes in the law relating to copyrights in Indonesia. The nature of copyright infringement has been changed from ordinary offense to complaint-based offense. This fundamental change undoubtedly affects the enforcement of the copyright law in Indonesia. Thus this paper aims to answer and review the legal reasoning behind the shift in offense in Copyright Law in Indonesia. This normative legal research employed a descriptive-analytic method. The result shows that the complaint-based offense is suitable in copyright protection considering that only the copyright owner knows the details of the object of the creation
Simultaneous Local Election in Indonesia: Is It Really More Effective and Efficient?
Full text linkElection system that is not carried out simultaneously, among others, has led to high political costs of local election. One of the objectives of the simultaneous local election design is the budget efficiency of the election implementation. This study aims to evaluate whether the simultaneous local election implementation may create a more effective and efficient local elections in the Special Region of Yogyakarta and South Kalimantan. This research was conducted using a normative juridical approach by analysing the applicable legal regulations, particularly Law Number 8 of 2015. In addition, an empirical juridical approach was used to see the implications of the establishment of Law Number 8 of 2015 on the Local Election. The results of study showed that the simultaneous local elections held in the Special Region of Yogyakarta and South Kalimantan were more effective and efficient in terms of controlling and solving problems, budgeting and time used for the implementation of the local election
Sexual Violence in Indonesia and Malaysia: A Comparative Study
Full text linkSexual violence (rape) especially committed by boyfriend has been growing rapidly these days. However, the Penal Code cannot be dealt with this issue. In such a case, the sexual intercourse is usually conducted without violence or under threat of violence, but rather based on consent (love). Penal reform should address this issue to accord with the current global development. This paper describes the comparison between the Indonesian Penal Code and the Malaysian Penal Code in regulating rape. The result shows that the formulation of rape in Malaysian Penal Code is broader than its Indonesian counterpart. Under the Malaysian Penal Code, rape is punishable whether it is conducted with or without consent. It seems that the penal reform in Indonesia should adopt the Malaysian approach in order to provide better protection for women from sexual violence. This is also in line with the Beijing Declaration 1993 and the development of the issues in other countries.
The Urgency of the State Budget Revision: Political and Legal Perspectives
Full text linkThis article aims to discuss the urgency of state budget revision and if the conditions, as stated in the MD3 Act are met, and the government takes steps not to propose an amended state budget with specific considerations, whether this government’s action is considered to violate the laws or regulations or not. This is a normative legal research that uses statute approach. The result of the study shows that the urgency of state budget revision is to ensure the soundness of the implementation of the current year's state budget by adjusting the amount of state revenue, state expenditure, budget deficits, and budget financing to more realistic levels that allow the achievement of specified development targets. In the light of the Presidential system in Indonesia, the government’s decision not to propose a revision of the state budget if the criteria to revise it, as stipulated in the State Finance Law and MD3 Law are fulfilled, theoretically is not a violation of the current laws and regulations. The choice to submit or not submit a revision of the state budget, after going through careful consideration by the government, is aimed at maintaining its credibility since the existence of a revision implies that the government is unable to undertake precise budget planning
The Implementation of Insolvency Test on Debtors’ Bankruptcy in Performing the Principle of Justice
Full text linkBankruptcy requirements as a legal basis for bankruptcy applications are only based on the burden of proof in a simple manner which results in the debtor being easily declared bankrupt by the court. This impedes the realization of the principle of justice that has been mandated in Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (SDPO). This article aims to analyze the basis of justice related to the bankruptcy of the debtor and the implementation of the bankruptcy test in relation to the request for bankruptcy submitted to the debtor. This study is a normative juridical research method that uses descriptive-analytic research. This study also uses library research to collect data and analyzes data with qualitative juridical methods. The results show that the debtor's bankruptcy application did not apply the Bankruptcy test. It is believed that insolvency test on the debtor's bankruptcy petition is as a manifestation of the principle of justice that is in accordance with Pancasila by providing balanced protection among creditors, debtors and other stakeholders
MAKNA PRINSIP KEHATI-HATIAN DALAM PERATURAN DAERAH RENCANA TATA RUANG WILAYAH BERBASIS KEBERLANJUTAN LINGKUNGAN HIDUP DI PROVINSI MALUKU
Full text linkPrecautionary Principles in the protection and environmental management in the field of RTRW in Maluku Province on Regional Regulation No. 16 of 2013 on RTRW is a law regulating the livelihood of Maluku people in the field of spatial plan which aims to create a spatial that can give birth to the welfare of the community in the spatial area. In order to minimize the occurrence of conflicts or disputes that occur in the field of arrangement space in Maluku Province. Welfare State Theory of the provincial government should take a role in the formation of the RTRW law. Provincial RTRW of Maluku Law does not mention the Precautionary Principles because: a. Philosophical Aspects, Perda RTRW No. 16 of 2013 does not inspire or reflect Article 2f of UUPPLH-2009 and Article 55-59 of UUPR as the higher Law in Spatial Planning in Indonesia; b. Juridical Aspects The existence of the synchronization of laws and regulations, particularly the Regional Regulation on RTRW of Maluku Province No. 16 of 2013-2033 with UUPPLH-2009 where in the RTRW regulation there is no Precautionary Principles regulation, whereas in UUPPLH-2009 itself has set clear and precise regulation of prudential principles Article 2f and Article 44; c. Political Aspects The existence of unclear orientation of political vision for the forming of Perda RTRW No. 16 of 2013, on the other hand the Provincial RTRW Law of Maluku based on environmental sustainability but there is no Precautionary Principles regulation