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Implementation of International Arbitration Awards in Indonesia from the Perspective of Legal Value Theory
Full text linkEstablishing an arbitral institution aims to resolve business disputes swiftly and conclusively, with arbitration's finality and binding nature being key principles. However, Indonesian arbitration law requires exequatur from the Central Jakarta District Court to enforce an international arbitration award, leading to delays and complications. A notable instance involved the annulment of an international arbitration award due to ambiguous norms. This study employs a normative research methodology with a theoretical approach to highlight the misalignment between international arbitration awards in Indonesia and Gustav Radbruch's Theory. The findings indicate that the lack of a balanced approach to justice, conflicting norms resulting in legal uncertainty, and the failure to provide benefits to all parties contribute to this misalignment. According to Radbruch, law aims to achieve justice, legal certainty, and expediency, with clear and logical provisions necessary for legal certainty and laws serving the diverse interests of all parties for expediency. The issuance of the Republic of Indonesia Supreme Court Regulation No. 3 of 2023 represents an effort to improve Indonesia's arbitration law. Revising Indonesian arbitration law is essential to align it with Radbruch's Theory, ensuring justice, legal certainty, and expediency in international arbitration awards
Preventing Electoral Fraud in Indonesia: Protecting the Social Security of Election Management Personnel
Full text linkIndonesia’s Election Management Bodies (EMBs), constitutionally mandated to manage legislative and presidential elections, face substantial risks, including accidents and fatalities. However, their social security rights are often overshadowed by the focus on civil servants and private-sector workers. This study, employing normative legal research, urges the need for state protection of EMBs’ social security rights, drawing on secondary data sources. EMBs should receive comprehensive work-related accident benefits, death benefit programs, and old-age protection schemes from the Workers Social Security Agency (BPJS Ketenagakerjaan). The legal basis for these social security rights can be found in several legislative provisions, including the Indonesian 1945 Constitution, the National Social Security System Law, and other related regulations. Recognizing EMBs as state-serving workers is a crucial step in safeguarding their social security rights. This recognition is not merely a matter of legal interpretation; it is a necessity to ensure a fair and secure electoral environment. By ensuring that EMBs are accorded the same rights and protections as other workers, the state can create a more equitable electoral process and reinforce the integrity of its democratic institutions
Construction of Criminal Policies for Handling Football Riots in the Kanjuruhan Tragedy
Full text linkEven though conflicts between supporters caused the majority of the riots, other factors were no less important. Specifically, those related to the organization of football matches that were not yet professional could not guarantee security or order. The incident at Kanjuruhan Stadium serves as a significant reminder that hosting football matches without prioritizing proper safety measures and collaborative procedures will undoubtedly fail to promote fair competition in line with the principles of organizing sporting events that uphold sportsmanship, fair play, and respect. This paper is compiled through normative research by prioritizing secondary data that focuses on statutory and case approach, which are collected and analyzed descriptively and qualitatively. The results shows that the legal construction used in carrying out security by the Police in the Kanjuruhan Tragedy refers to the Regulation of the Chief of Police of the Republic of Indonesia Number 1 of 2009 on the Use of Force in Police Action while after the Kanjuruhan Tragedy, the Police compiled a new legal construction, the Republic of Indonesia National Police Regulation Indonesia Number 10 of 2022 on Security for the Implementation of Sports Competitions which can be used specifically in securing the implementation of football in Indonesi
ICC Jurisdiction: Against Israeli War and Humanitarian Crimes Targeting Palestinian Civilians 2023
Full text linkThe article explains the jurisdictional policy of the International Criminal Court (ICC) regarding Israeli war crimes targeting Palestinian civilians, during the attack on Gaza on October 7, 2023. The article shows that based on articles of the Rome Statute, Israel committed war crimes and crimes against humanity that occurred on October 7, 2023. therefore, the ICC has authority in this matter. ICC policy towards conflict 7 October 2023, ICC jurisdiction took action to continue the investigative process and will accelerate investigations related to the conflict, while Israel in 2024 and the latest update is not part of the non-member states of the ICC. However, given the jurisdiction of the ICC, it has jurisdiction regarding its investigations in countries that are not parties to the ICC. This is influenced by several factors in upholding the ICC's jurisdictional investigation law against Israeli criminals even though Israel is not an ICC member state: First, Palestine is a state party to the ICC which is supposed to provide justice for civil society. Second, there is pressure and encouragement from member countries and non-member countries of the ICC to carry out investigations regarding the conflict attack in October 2023
Utilitarian Policy of Criminalization for the COVID-19 Vaccine Refusal in Indonesia
Full text linkThis article aims to analyze several issues of the implementation of the regulation of vaccination in Indonesia, encompassing the issues of the imposition of criminalization following the vaccination refusal, discussion on its objective, and practical challenges that potentially emerge. As qualitative research, this article employed a normative legal approach and social contextualization to comprehend regulations, legal interpretations, and arguments. This article finds that the government has amended the Presidential Regulation No. 99 of 2020 on the Procurement and Implementation of Vaccination to the Presidential Regulation No. 14 of 2021 on the Change of the Presidential Regulation No. 99 of 2020 in dealing with the issue of punishment imposed on those refusing the vaccination. From the perspective of utilitarian humanism, the regulation aims to ensure the success of the vaccination and is expected to result in the herd immunity of society that determines the social welfare in the country. The implementation of the regulation is being criticized on the practical level because it is claimed to raise the likelihood of the violation of human rights and overlook the public trust on account of excessive criminalization. This article argues that support from society is vital in the implementation of the regulation, while a positive campaign over public vaccinations need to be massively urged
Evaluating Whether Indonesia Should Maintain or Revise Its Local Incorporation Requirement for Foreign Investors
Full text linkThe article reviews the locally incorporated company requirement for foreign investors in Indonesia. It uses a normative juridical method, focusing on examining positive law through a statute approach. It involves analyzing relevant laws, regulations, cases, and literature and includes interviews with law scholars and an official from Indonesia’s Investment Coordinating Board to gather expert opinions. The data obtained is analyzed using qualitative techniques. It discusses the advantages and disadvantages of the requirement in international foreign investment law and Indonesia concluding that its advantages outweigh the disadvantages, and some of the disadvantages have been resolved. Hence, the article argues that the requirement remains appropriate for Indonesia and should be maintained. However, certain investment treaties have weakened the requirement as a defense against legal action by locally incorporated companies in international arbitration. To overcome this problem, the country should renegotiate its bilateral investment treaties (BITs) that give the companies direct legal action rights and develop new BITs that contain balanced rights between foreign investors and Indonesia. Additionally, the locally incorporated company requirement should be reinforced by Indonesia’s negative list policy, prioritizing specific sectors for local investors
Historical Study of the Neutrality Arrangements of the State Civil Apparatus in General Elections in Indonesia
Full text linkThis research aims to determine the neutrality regulations of civil servants in general elections. To achieve this goal, analysis was carried out on secondary data or library materials consisting of primary legal materials, secondary legal materials, and tertiary legal materials. To complete secondary data, interviews were conducted with sources consisting of experts in the field of civil service law and general elections, as well as practitioners such as the State Civil Service Agency, the State Civil Service Commission, and the General Election Supervisory Agency of the Republic of Indonesia. This research applied a statute approach and combined it with a historical approach and a conceptual approach. The results of the research showed that from 1966 until now, the regulation of the neutrality of the State Civil Service in general elections has undergone changes in the subject and object of its regulation. However, this arrangement has not been able to guarantee the neutrality of the State Civil Service in general elections. This is inseparable from the political system, which does not yet support the realization of neutrality of the State Civil Service in General Elections
From Meaningful to Meaningless Participation: The Tragedy of Indonesia’s Omnibus Law on Job Creation
Full text linkIndonesia’s Constitutional Court introduced the concept of meaningful participation in the lawmaking process, emphasizing the right to be heard, considered, and explained. This concept was institutionalized through amendments to the Law on Lawmaking Procedures (Law Number 13 of 2022). However, meaningful participation remains poorly implemented, as demonstrated by the lack of public involvement in the issuance of the Government Regulation in Lieu of Law legalizing the Omnibus Law on Job Creation and the Constitutional Court's ruling on Law Number 6 of 2023 (Job Creation Law 2.0), which deemed public participation irrelevant for emergency laws. These developments highlight inconsistencies in applying the principle of meaningful participation in Indonesia’s legislative practices. This research evaluates the institutionalization of meaningful participation in Law Number 13 of 2022 and its practical application in Indonesia’s lawmaking process. This research uses doctrinal legal research methods by examining library materials and secondary data to analyze the legal framework and its implementation. The findings reveal a significant gap between the theoretical framework of meaningful participation and its application in practice, particularly in emergency lawmaking. In conclusion, while the institutionalization of meaningful participation reflects a positive step, inconsistent application undermines its potential to enhance democratic governance in Indonesia
A Comparison of Legislative Election Systems in Indonesia and Malaysia
Full text linkThe article aimed to analyze the comparison of electoral systems in Indonesia and Malaysia due to relevant differences and similarities. In Malaysia, the legislative election system was implemented to elect members of the People Council using a district platform. Meanwhile, Indonesia used an Open Proportional system to elect members of the National and Regional Representative Councils. A total of three aspects were also compared between both countries through a legal research and comparative approach, namely Government, Election, and Party Systems. Data collection was subsequently carried out through empirical studies, including interviews and literature reviews. The results showed that differences in government systems, state forms, and administration were observed between Indonesia and Malaysia, where proportional and district electoral platforms were implemented, respectively. Despite the differences, the two countries still had various similarities, such as the implementation of a multiparty system using different party coalition platforms. Variations were also observed in the implementation of voting rights by soldiers and convicts within both countries
Heavy Parliamentary v. Heavy Executive: Ambiguity of Power in Indonesian Constitutional Practices
Full text linkThe history of the Indonesian constitution has implemented Parliamentary and Presidential systems at different times. However, in practice it creates ambiguity in system implementation. The presidential system currently implemented is experiencing a dilemma due to regulation and separation of powers which tends to still have a parliamentary nuance. This research is library research that examines and explores regulatory documents, books, journals and other scientific works that are relevant to the topic of discussion. The results of data collection were analyzed in depth and then presented descriptively analytically. This article aims to provide ideas for building a concrete government system based on the shift in power functions that has occurred. This article concludes the need to issue a Law on the Presidential Institution which contains concrete limits on the powers of the President and the DPR. The President's capacity as head of government is limited by the party coalition in parliament. Therefore, it is necessary to redefine the roles and relationships between the President, DPR and political parties, clarify the checks and balances mechanism, and support the effectiveness of concrete and proportional government