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Corruption During Non-Natural Disaster: Is Death Penalty Necessary?
Full text linkExtraordinary measures are needed to combat corruption in Indonesia which has been characterised as an extraordinary crime. This includes the application of death penalty as governed in Section 2 point (2) of the Corruption Eradication Act 1999. This paper intends to analyse the implementation of the aforementioned article on corruption case that occurs during the COVID-19 outbreak. This normative legal research relies on secondary date which are collected from various sources including books, journals, related legislation. The result of the research shows that, in regard to corruption case, the death penalty is only applicable when the corruption is committed in certain circumstances as intended in Section 2 point (2) of the Corruption Eradication Act 1999 and its amendment. These include the event of state emergency and national natural disaster. By virtue of the principle of legality, death penalty cannot be applied to the corruption cases that occurs during the national non-natural disaster like the Covid-19 pandemic. Reinterpretation of the phrase "certain circumstances" is needed for the sake of promoting justice. They should include national non-natural disasters like the Covid-19 pandemic
Equity Interest Scheme in Polymetallic Nodules Deep Seabed Mining: The Positives and Negatives
Full text linkUNCLOS 1982 initially obliged all applicants to submit a reserved area when applying for exploration activities in the Area. Such provisions were derogated when the equity interest scheme was introduced in the exploration regulations for polymetallic sulphides and cobalt-rich ferromanganese crust. The applicant may choose to submit a reserved area or offer an equity interest in a joint venture with the Enterprise. There has been a push to implement the same policy for polymetallic nodule (PMN) explorations. Although this prospect has sparked much support and rejections, there have been no scholarly articles substantiating such alignment's positive and negative impacts. Applying the scheme for all three types of minerals may significantly impact the implementation of the common heritage of mankind principle in the Area. This article normatively assesses the prospect of incorporating the equity interest scheme into the PMN utilization regime to identify its advantages and disadvantages compared to the reserved area scheme. The study found that incorporating the equity interest scheme for PMN would be oriented to optimize the financial benefits. However, it would further compromise the access for developing countries
Child Marriage within the Sea Tribe of Kelumu Island: Issues and Problems
Full text linkSea Tribe is a group of indigenous people on Kelumu Island entrenched in the practice of child marriage. This study aims to analyze the law’s implementation on marriage and its impacts on the marine tribal community of Kelumu Island using empirical/socio-legal research methods. Furthermore, the primary legal data used are the 1945 Constitution, Law Number 16 of 2019 concerning Marriage, 35 of 2014, and Law Number 35 of 2014 concerning child protection, and Number 20 of 2003 on Marriage, Child Protection, and National Education System. The Theory of Legal Effectiveness by Soerjono Soekanto was also used. The results showed that the implementation of the marriage law in the Sea Tribe community of Kelumu Island has not yet been classified as adequate. The implementation of the marriage law in the marine tribal community is classified as ineffective when measured by Soerjono Soekanto’s Theory of Legal Effectiveness. This is due to the weakness of several existing factors, namely legal factors, law enforcement, infrastructure, maturity and local communities. Meanwhile, the impact of child marriage is the loss of the children’s right to education and health
STUDI EVALUASI TERHADAP AMANDEMEN UUD 1945 (AMANDEMEN SEBAGAI UPAYA PEMENUHAN KEBUTUHAN HUKUM MASYARAKAT INDONESIA)
Full text linkThe four amendments of Indonesian Constitution 1945 taking place in 1999, 2000, 2001 and 2002 still have weaknesses, especially in terms of substance when inconsistencies exist. For example 1) the presidential system applied which violates the system such as the president’s accountability to the People’s Consultative Assembly (not clearly stated), the intervention of the House of Representative to president’s policy implementation, impeachment given by People’s Consultative Assembly, and the unclear responsibilities and accountability of the vice president; 2) the unbalanced bargaining power of the Regional Representative Council (DPD) in form of bicameral representative in the House of Representative; and 3) the controversial existence of the Judicial Commission. Therefore, an evaluation needs to be carried out to create a better constitution in the state administration. Running a nation should have a clear concept of a nation so that the politicians have strong principles to take action and create policies. On the other hand, the legal need of the society has to be fulfilled
KEBIJAKAN APLIKASI PERLINDUNGAN HUKUM TERHADAP KORBAN TINDAK PIDANA LINGKUNGAN HIDUP SEHUBUNGAN KEGIATAN KORPORASI
Full text linkThis research aims at investigating and describing the factors influencing the policy of legal protection implementation of the environmental crime (EC) victims, describing the factors influencing the policy of legal protection implementation of the EC victims done by corporate, creating the formula of legal protection for the victims of EC done by corporate in the future. To achieve the aims, the doctrinal and non-doctrinal researches were carried out. The secondary data were gathered through library research and documentary research in related institution. The primary data were gathered through interview with the victims and the corporate directors. The research result shows that: first, the factors influencing the law enforcement are the decree, the bureaucracy, politics, etc., which makes the law enforcement not effective. Second, in the implementation, the decree does not regulate about the legal protection for the victims, so there are many ways to give legal protection for the victims, such as; through the mediation between the victims which is mediated by the environment department, or file a civil lawsuit. In the future, the ideal concept of legal protection is that in determining the sanctions to the criminal, the responsibility of the doer to the victim should also be included, both factual and potential victims
Implications of Legal Loophole concerning Liability over Delay in Restitution Payment by Criminal Offender
Full text linkCrime is harmful to society, especially to the victims. Legal protection should be taken into account to help the victims recover from the loss suffered. The protection can be made through the payment of restitution by either the offender or the third party. Such an issue has been addressed in the existing law, especially the Witness and Victim Protection Act 2014 (Amendment) and the Government Regulation No. 7 of 2018 concerning Compensation, Restitution, and Aid for Witness and Victim. Unfortunately, they do not impose any sanction over the delay in restitution payment by the third party or the offender. This paper aims at discussing the implication of this legal loophole. This normative legal research employs a statutory approach. It is found that the legal loophole has exposed the victims to secondary victimization due to uncertainty and injustice
Problematics of Determining Interest in Peer-to-peer Lending in Indonesia
Full text linkPeer-to-peer lending is considered as the solution for people who require loans with easy terms. However, peer-to-peer lending in Indonesia causes some new problem related to the essential nature of it. Authorization of Indonesian Joint Funding Fintech (AFPI) determines peer-to-peer lending interest-debt possible to violate competition law in Indonesia. The paper aims to describe and analyze the authorization of Indonesian Joint Funding Fintech, which has a big chance to harm competition law in Indonesia. The author uses normative legal research methods and secondary data sources to examine the topic in this study. The result shows that the arrangement of interest-debt in peer-to-peer lending potentially creates a cartel and violates the basic principles of competition law in Indonesia
Corporate Liability for Creditors’ Losses during the Covid-19 Pandemic
Full text linkMany companies experienced bankruptcy lawsuits during the Covid-19 pandemic in 2020. This was so when the companies’ asset cannot afford their obligations upon their creditors, especially banks and other financial institutions. The creditors demanded compensation to avoid losses due to the companies’ failure in repaying their loans. The question is who should be held liable if the companies are of limited liability companies. This paper aims to examine the liability of corporation for creditors' losses. This normative legal research relies on secondary data in the form of legal materials, especially primary and secondary legal materials. The result shows that demanding compensation through bankruptcy lawsuit is not an easy task for the creditors. In fact, a separate lawsuit is required rather than incorporating it in a bankruptcy lawsuit. Even, it is not only a matter of civil case but also criminal case. Therefore, the companies may be subjected to both civil and criminal liability
Policing in India: Need of Effective Preventive Actions to Tackle Crime and Criminality
Full text linkWhen the criminal justice system is seen on the face, it may appear that actions are initiated only after the commission of a crime. Accordingly, criminal law can prescribe punishments for already committed criminal acts. However, a detailed and proper analysis of criminal justice clarifies that its main objective is the prevention of crime and criminality. Prevention of crime is taking action at the incipient stage means before the commission of a crime. The criminal justice system always provides crucial spaces for preventive actions. Proper and efficient police actions ensure effective tackling of crime and criminality, particularly police actions at the incipient stage. In India, in the 21st-century, crime and criminality are creating a serious challenge where the nature of crime is becoming more serious, and the crime rate is increasing. In such a situation, analysis of the Indian criminal law is vital to find out whether it sufficiently empowers Indian police for preventive actions to tackle crime and criminality. Analysis of Indian Criminal Law shows that provisions for directing and enabling policing are already provided. Despite that, training is necessary for the police officers to use the modern know-how for resorting to preventive actions.