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The Role of International Human Rights Law in Fights Against Climate Change
Full text linkThis paper aims to examine the current international legal framework that addresses climate change and identify the role of international human rights law in climate change issues. This paper began by identifying the international legal basis, the development of international legal regimes, and looking at the character and nature of these frameworks. Furthermore, this study seeks to identify the role of international human rights law to close the gap left by the climate change framework. This normative legal research examined secondary data from relevant books, journals, and published documents. There were several findings from this research. First, the current international climate change framework is insufficient to address climate change problems and their adverse impact. Second, international human rights law may play a significant role in closing the current climate change framework gap. International human rights law will add distinctive value to the current system, perform the complementary function to the non-legally binding commitment, and provide an 'arena' for such non-compliance behavior of states parties
Amendment of the Corruption Eradication Commission Act and Its Impact on the Constitution
Full text linkThis study analyzed the sub-system factors influencing the amendment of the Corruption Eradication Commission Act (KPK Law) from the Cybernetics theory and the impacts on the Constitution. According to this theory, there are various kinds of sub-systems, where one sub-system is interrelated with other sub-systems. Each of the sub-systems referred to will influence each other based on the primary function of each of these sub-systems, such as the cultural sub-system, which has the primary function of maintaining patterns, the social sub-system as a function of integrity, the political function as a function of achieving goals, and the economic sub-system as an adaptive function. This doctrinal legal research employed statutory approaches and concepts and found that changes in the KPK Law are influenced by the political sub-system factor, particularly the strong political interests of the House of Representatives and the Government. As a result, the amendment to the KPK Law is undemocratic because it does not fulfill the formal and material principles. In addition, it does not philosophically fulfill the function of law, leading to constitutional values violation
Cyber Terrorism and its Prevention in Indonesia
Full text linkCyber technology gives birth to criminal activities carried out inside the cyberspace which is technically referred to as cybercrimes. Cybercrime appears in various forms including the so-called cyberterrorism. The purpose of this research is to discuss the development of cyberterrorism and to explore the efforts made by the Government in controlling cyberterrorism in Indonesia. This normative legal research examines the application of the relevant legislation, especially Law No. 19 of 2016 regarding the Amendment to Law No. 11 of 2008 on Information and Electronic Transaction and Law No. 5 Year 2018 regarding the Amendment of the Law No. 15 of 2003 on the Eradication of Crime of Terrorism. It is found that the development of cyberterrorism can be prevented through both technological and legal approach
Copyright Infringement on Parody Video: A Legal Perspective
Full text linkThe study aims to find out and analyze copyright infringement related to making parody videos with cinematographic work content. The researcher analyzed one of the parody videos made by Shopee as advertising content. The parody video made came from one of the cinematographic works, namely Dilan 1991. The research method used was normative juridical. The approach used is the statutory approach and conceptual approach. The author examined that in Shopee ads, the making of the Dilon 2019 parody video satisfies the provision of Article 5 of Law Number 28 of 2014 on Copyright. Two rights are retained by a creator or copyright holder, namely moral rights and economic rights. Article 5 of the Copyright Act governs the moral interests of the author and copyright holder.The study indicates that the 2019 Dilon parody video made by Shopee as advertising content is a form of copyright infringement and is not included in fair use. That is because the parody video making violates the moral rights and economic rights of the creators of cinematography Dilan 1991
The Challenges of Shariah Penal Code and Legal Pluralism in Aceh
Full text linkAn outstanding feature of Aceh Special Region is its autonomy relating to the administration of Islamic Criminal justice system. Undoubtedly this power is one of the key features of the devolution of power to the region. It is a tedious process with numerous challenges and obstacles. The research paper aims to examine whether the prolonged development pertaining to the Islamic Criminal justice system's administration is due to the constitutional and administrative arrangements or actually lies in society. Devolution requires well-structured and systematic planning and execution. It involves various mechanisms and touches many issues. To blame the system for protracted progress is not something unexpected. However, the perception of the public or society of Aceh relating to the Shariah Criminal Justice System also has a significant impact. The research shows that despite the general manifestation of the local population's willingness and support for the system, some issues have emerged. The research reveals that the challenges and obstacles in prolonged development come from both the society and the system. Lack of understanding of the society towards Syariah Penal Code, problems faced by members of the People Representative Council (DPR) Aceh in drafting the Code, and the need to ensure strict compliance of the Code with Syariah are among obstacles faced. The issues and their effect on the implementation and enforcement of Aceh's Syariah Penal Code are scrutinized in the research paper. This is a qualitative study based on library and internet research. It is also legal research whereby the relevant laws are examined. The devolution in Aceh is more complicated than in other regions because it is coupled with "dualisme hukum" or legal pluralism within the Indonesian legal system
A New Industry and Tax Base on Taxing Esports in Indonesia
Full text linkUnlike traditional sports that relies on traditional television broadcasting, esports usually adopts live streaming on internet platforms, such as YouTube, as its medium. Through a delicate design of profit sharing, live esports streaming and media have greatly changed the video game industry from sheer family entertainment machine makers into a new frontier of money making sport, and therefore the game players into a profession that may make billion dollars annually. This paper intends to introduce the current situation of esports in Indonesia, asserting the potential to collect tax from live game streamers (Content Creators) and YouTube (Platform), and players from this newly developed sports industry to broaden the tax base in Indonesia. This research is a normative legal research. Data collected from books, journals, relevant laws and regulations. The results show that the government should either revise the current tax law and legal design that are obvious out-of-dated and dysfunctional or follow developed countries to have law specifically designed for taxing esports industry and e-economy
Policies on Regulatory Reform in Indonesia: Some Proposals
Full text linkAfter the reformation, the number of laws and regulations has continued to increase. In the period 2000-2017, there were 35,901 regulations have been issued. The highest number is Regional Regulations, which are as many as 14,225 Regional Regulations, followed by a Ministerial Regulation at 11,873. In the third place, there were 3,163 regulations from non-ministerial institutions. This study has main objectives of finding policy choices in an effort to simplify and identify regulations as an agenda for legal reform. This research is a normative juridical research. The data used are secondary data, which includes primary and secondary legal materials, in the form of relevant legislation, as examples of regulations that are out of sync, incoherent, and potentially overlapping. This study concluded that the regulatory reform agenda can be carried out by three means, i.e. (1) Regulatory simplification (2) Reconceptualization of understanding regulatory needs and (3) synergies between regulators. There must be also some reformation between actual practice and long term frameworks on regulation making process and regulation itself. That is because effective regulation is not just predicated on technical information-capturing capabilities (and the experience) of the regulator
Urgency of Legal Indigenous Communities' Position in Indonesian Constitutional System
Full text linkCustomary law community or Masyarakat Hukum Adat (MHA) in Indonesia has their own uniqueness and peculiarity in establishing relationships with the people and the surrounding environment. Along with the development of the era, the MHA experienced the complexity of the conflict of interest on the land tenure for business purposes or Hak Guna Usaha in the civil sphere, as well as conflicts within the scope of criminal law. The research analyzes legal indigenous communities’ position in the protection of normative law. The method used is normative or doctrinal law research that leans to a qualitative (non-numeric) based on secondary data which is analyzed qualitatively. Recognition and protection of the MHA in Indonesia is experiencing an uneasy phase. Since the independence of Indonesia the existence of MHA has only received adequate portions in the era of reformation with the Amendment of the Constitution 1945, enshrined in the Article 18b Paragraph 2 and Article 28i Paragraph 3, eight laws, and at least 22 (twenty two) regulations of the region either in the province, or regency/city, or decree of the local head of the area that recognizes the existence of the Communities. Nevertheless, the upper position of the MHA is felt not to provide maximum assurance and protection forthe Communities. The Indonesian House of Representatives (DPR) through the right of initiative encourages the draft law on MHA which currently becomes a national legislation program and become a priority in 2020 in providing recognition, protection, and empowerment of MHA. With the initiatives of the Bill, it is expected that the problems experienced by indigenous peoples are reduced drastically
The Use of Per Se Illegal Approach in Proving the Price-Fixing Agreements in Indonesia
Full text linkThe Indonesia Competition Commission (the ICC) often faces difficulties to find evidence in the form of agreement made by business actors in determining prices. The agreement is the main element to prove the price-fixing which is prohibited under Article 5 of Law No. 5 of 1999. The legal issue discussed in this research is whether the use of per se illegal approach in proving the price-fixing agreement requires direct evidence or it is sufficient with an indirect evidence. This normative study found that the competition authorities still impose sanctions to business actors even though the (legitimate) agreement does not exist. The examination requires an in-depth understanding of economic theories and should prioritize the principle of prudence due to its vulnerability to manipulation. The analysis of Decision No. 08/KPPU-I/2014 and 04/KPPU-I/2016 found that the ICC proved the price-fixing case using indirect evidence and included an analysis of the impact on competition. Both cases indicate that the ICC applied the rule of reason approach because of the difficulties in finding the evidence of the agreement. On the other hand, the ICC applied per se illegal approach in the Decision No. 10/KPPU-L/2009 and 14/KPPU-I/2014 due to the existence of direct evidence