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A Libertarian Legitimacy for Mandatory Covid-19 Vaccination
Full text linkSince its inception, the 2019 coronavirus disease (Covid-19) outbreak has become a major health problem. At the same time, countries worldwide have been waiting for a Covid-19 vaccine to be sufficiently available. When the Covid-19 vaccine became available, several countries began to adopt mandatory Covid-19 vaccination policies. However, mandatory Covid-19 vaccination has received strong opposition from the start. Rejections have emerged from various parties, including from libertarians. The researcher observes that the current research attempting to analyze the mandatory Covid-19 vaccination still revolves around the perspective of human rights and utilitarianism. Then, this study aims to explore and find out how the libertarian perspective toward mandatory vaccination. Normative research methods with conceptual and comparative approaches were used in this study. After analyzing secondary data sources with prescriptive analysis methods, this study finally succeeded in finding that mandatory Covid-19 vaccination has its place, legitimacy, and justification on the ideological side of libertarianism. It is because libertarians accept that the government may require a mandatory vaccination program against Covid-19. In addition, due to the libertarian framework, the government is still justified in enforcing coercive policies that violate the rights of certain individuals if the policy is necessary to avoid greater harm to others
Meta-Mortgaging: Islamic Law Review on Marhūn Issues
Full text linkTo this date, technology has seen massive development and, it influences the economic field. The emergence of the metaverse has become an inevitable part of this progress. It serves as a digital world, wherein everyone is able carry out a vast array of activities, including economic transactions. The emergence of digital assets, that has encouraged serious discussion, is inseparable from Islamic law. One of these digital assets is the Non-Fungible Token (NFT). This digital asset is the focus of this study, specifically on for its posibility to become material guarantees. This article employs a qualitative study and presented descriptively through the perspective of Islamic law. The result of this study is that the pledged-object (marhūn) has certain primary conditions for it to be functional, namely: it is a property, it has value, it can be traded, its asset value is clearly known, and it is actually owned by the guarantor (rāhin). The concept of marhūn as a valuable object ultimately answers that NFT is included in the marhūn category. However, since NFTs do not stand alone if the transaction currency used in the metaverse is cryptocurrencies, al-rahn transactions using NFTs become less favourable considering Cyrptocurrency is deemed to be haram
Disaster Mitigation in Coastal Areas: Perspective of the Indonesian Spatial Planning Law
Full text linkThis article is a critical analysis on spatial planning with regard to disaster mitigation in coastal areas. The author explores the concepts and regulations of disaster mitigation and spatial planning in Indonesian coastal areas to identify how spatial planning works in terms of disaster mitigation in coastal areas and the roles of stakeholders in disaster mitigation in coastal areas in the context of the spatial planning law. This normative legal research was conducted by examining secondary data from relevant books, journals, and published documents. This study finds out that, first, according to the Spatial Planning Law, Management of Coastal Zone and Small Islands Law, Disaster Management Law, Job Creation Law, and their derivative regulations, there have been regulations mandating spatial planning as a non-structural mitigative measure with regard to disaster management in coastal areas. Second, in terms of spatial planning and disaster mitigation, the government is the dominant stakeholder, while the role of non-government stakeholders is not expressly provided for which may eventually result in "tokenism" participation in disaster mitigation in coastal areas
The Urgency of Leniency Program Against Cartels in Indonesia: Lesson Learned from Singapore Competition Law
Full text linkGlobalization is characterized by a process where the economy becomes more tightly integrated and manifested in the form of free trade. Free trade forced by economic globalization has brought adverse effects. Some of the harmful effects of free trade include the rise of international cartels, for instance, those involved in price-fixing, bid-rigging, output limitation, and market sharing. This normative legal research aims to examine the application of leniency programs in the enforcement of Competition Law in Singapore and how Indonesia can learn from Singapore. The research indicates that one particular method is commonly used in several countries in the context of law enforcement against cartels, which is known as the leniency program or the Whistleblower. Singapore, as one of the neighboring countries of Indonesia, also applies for the leniency program. As a result, Singapore has successfully resolved many international cartel issues. Consequently, the leniency program gives benefits for providing evidence for related cases. In conclusion, Indonesia should learn from Singapore's experience in implementing the leniency program to prevent the negative effect of free trade, including the proliferating international cartels
Assessing Indonesia’s Environmental Laws Pertaining to the Abatement of Marine Plastic Pollution: A Euphemism?
Full text linkThe predominance of irresponsible and unsustainable plastic usage in Indonesia poses an urgent and alarming danger to the ecosystem. This paper discussed the legislative and regulatory mechanism in place in Indonesia to manage marine plastic pollution, the limitations and obstacles it faces, and the possibility of remedies being implemented to resolve Indonesia's marine plastic pollution predicament. The ecological approach, sustainable development goals, human right to a healthy environment, and sociopolitical context will all be used to advise this research. The findings demonstrate both top-down and bottom-up initiatives to marine plastic pollution law and regulations are ineffectual. If not adequately regulated, the government, political, and economic structural proclivities would most likely favor economic expansion at the expense of appropriate protection of the environment. Indonesia has to consider not just more comprehensive law and regulation to handle the complex concerns of marine plastic pollution, but it also sought to acknowledge other drivers that hamper the success of efforts to conserve the marine ecosystem. As a result, it is suggested that Indonesia initially focus on short-term measures prior to progressing on to long-term remedies, with effective cohesion across all approaches and collaboration with all involved parties
The Role of the Sarak Opat in Resolving Minor Crimes
Full text linkThe Sarak Opat as one of the customary institutions in Aceh have been authorized to settle disputes of minor cases at the village level in Central Aceh, Aceh, Indonesia. This is guaranteed by the applicable laws and regulations. However, the practice of resolving minor cases is currently delegated to the judiciary. Therefore, this study was a legal empirical or sociological research to analyze primary and secondary data in Central Aceh Regency. Data collection method employed were direct interviews with selected informants, and the collected data were processed in qualitative analysis method. The results showed that the role of the Sarak Opat customary institution in resolving minor cases in the Gayo community in Central Aceh has a strong legal basis as mandated by various national and regional legal policies. Subsequently, the customary institution has two considerations in delegating minor criminal cases to the judiciary. First, the litigants are dissatisfied with the sanctions decided by Sarak Opat. Second, the officials of Sarak Opat lack understanding of their authority as a customary justice institution
EKSISTENSI DAN EFEKTIVITAS LEMBAGA OMBUDSMAN DAERAH (LOD) DALAM RANGKA TERCAPAINYA GOOD GOVERNANCE DI PROVINSI DAERAH ISTIMEWA YOGYAKARTA
Full text linkThe motivation to increase the bureaucracy of the government in the local government is not only carried out internally, but several efforts addressing the external aspect is also conducted as a part of the society’s concern in promoting a bureaucracy which is humanistic, efficient, accountable and respecting the human right. This concern is reflected in the institutionalization of the DIY ombudsman, which is also a part of the society’s effort to promote changes. The establishment of this institution is very strategic, particularly when it is dealing with the condition that the civil society is often unaware of their rights as the costumers of the public service. Besides, the local government has not been able to address the rights appropriately. Hence, the institution could function as a media for the civil society to file their complaints and aspiration to the executives. In addition, the institution could also work independently to protect the right of the civil people from the mal- administrative service conducted by the government officials. Based on the study on data of LOD of DIY, it is identified that LOD is trusted by the society in its efforts to build the good governance, although, on the other hand, not many people ever heard about this institution. In contrast, the government officials consider that the existence of LOD of DIY threaten their future career
Earth Observation Applications and the Right to Privacy: Within and Beyond the COVID-19 Pandemic
Full text linkEarth Observation (EO) applications interact with many industries and government practices. When EO applications touch upon data being able to identify individuals or certain groups, the processing methods adopted therein entail the balance between public interests in EO applications and the values of privacy protection. It then raises the question of whether and to what extent the EO data comes under privacy protection. This study builds on the methodologies of positive law analysis and normative analysis, with supplementary discussions on the role of EO applications in the COVID-19 pandemic. In recognising the conclusion that the right to privacy entails restrictions on data processing within EO applications, the principle of proportionality calls for solutions to fill the gaps in the regulatory framework. Though legislative solutions are possible in theory, it is not an easy job to get consensus among States in practice. A more appropriate solution lies in introducing a privacy ranking regime internationally, with supplementary enforcement practices on the regional and national levels
Legal Issues Concerning Food Poisoning in Nigeria: The need for Judicial and Statutory Response
Full text linkFood is essential to man's existence, giving the popular saying that a healthy feeding often determines a healthy living of an individual. However, it has been observed that given the high rate of food insecurity in Nigeria, it has resulted to a high influx of numerous food producers producing substandard products or food that could cause food poisoning. Given this, the study made use of a doctrinal and non-doctrinal method of research method in examining the causes and dangers of food poisoning in Nigeria, how effective statutory laws are, and judicial attitude towards cases of food poisoning. The study adopted an online survey questionnaire distributed to 347 respondents (randomly selected) living in various states in Nigeria. Analytical and descriptive statistics were used to analyze data generated from the online questionnaire. The study, therefore, found that most Nigerians have suffered from food poisoning arising from poor processing, storage, and preservation of harmful substances. It was therefore concluded and recommended that, there is a need for statutory response and judicial activism in curtailing the sale of food that could cause food poisoning. Furthermore, food inspector agencies should often conduct routine inspections of public and private food processing factories or vendor
Restrukturisasi Lembaga Pusat Pelaporan Analisis Dan Transaksi Keuangan Sebagai Upaya Pemberantasan Tindak Pidana Pencucian Uang
Full text linkThe Centre for Analysis and Financial Transaction Report (PPATK) is a special institution which is directly accountable to the President and has the rights to: ask and get report from financial service providers, ask for information about the development of investigation or prosecution on money laundering which has been reported to the investigating officers or prosecutors and audit the financial service providers. However, in doing their jobs, not all financial institutions report to PPATK if there is a client who is doing a suspicious transaction or he has a transaction above 500 million. Besides, if PPATK has received a report then there is an indication of civil crime, PPATK has to hand over it to prosecutor and later this case becomes the responsibility of prosecutor to continue or to stop. Therefore, to solve money laundering effectively, PPATK needs to be restructured so that this institution has the rights to do investigation. PPATK does not need to wait from the PJK. If there is an indication of suspicious transaction this institution has the right to investigate