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Legal and Institutional Framework on Counter-Terrorism in Indonesia
Full text linkThe current legal basis for combating terrorism in Indonesia is The Government Regulations in Lieu of Statute (Perpu) No. 1 of 2002 on the Eradication of Terrorism. The fight against terrorism involves various institutions including national police, national army, and civil society. With regard to this, special unit has been established to deal with terrorism by national police and national army as well. This paper aims at elaborating the legal and institutional framework for combating terrorism in Indonesia and the possible way to improve it. This normative legal research employs statutory approach. It is found that basically the existing law has been strong enough. However, the eradication of terrorism would be more effective if Indonesia adopt preventive detention clause as governed under the Internal Security Act (ISA) in Singapore and Malaysia. This clause allows the authority to detain the suspect without legal process when his action is considered as the threat of national security
Comercialization of Airnav Indonesia as Air Navigation Provider: Is it beneficial?
Full text linkThe aim of the research is to analyse whether commercialization air navigation service and how Airnav Indonesia as a provider may have a benefit from it. This normative legal research uses statutory approach. The results of research show that following the transfer of authority and responsibility from PT. Angkasa Pura I and PT. Angkasa Pura II as the air navigation service provider in January 2013, the air navigation service in Indonesia entered into a new chapter which is monopolized by one company, that is “Lembaga Penyelenggara Pelayanan Navigasi Penerbangan Indonesia” (LPPNPI) or “Airnav Indonesia”. By the Governmental Decree No. 77 of 2012, Airnav Indonesia was established to provide air navigation service in order to secure the aviation safety and air traffic over the Indonesia territory. Generally, air navigation service is treated as public service in many countries, however, the idea to commercialize the air navigation service has been applied in some countries. The Government should consider altering Airnav Indonesia from a public service company to be a commercial business company which may contribute to the Government’s income. Commercialization of the air navigation service will provide a mutual benefit not only among stakeholders in the aviation industry, but also for aviation safety. Eventually, the Airnav Indonesia as the sole air navigation service provider in Indonesia could be a profit centre institution instead of merely a public service company
Green Victimology Perspective the Law Number 32 of 2009 on Environmental Protection and Management
Full text linkGreen victimology refers to the study of victimology that focuses on victims of environmental harm. The object of this new study cannot be separated from the philosophical values that underlie the growth of green victimology. Through literature research based on secondary data, this research focuses on two studies. The first is about the philosophical foundations of green victimology and the second is about the perspective of green victimology in the Law Number 32 og 2009 on Environmental Protection and Management. Based on the results of the research, it can be stated that the foundation of green victimology ecocentrism which sees that the environmental entities have intrinsic value in virtue of their own interests apart from its instrumental or utilitarian value for humans. This is different from the values underlying the previous victimological study that was based on anthropocentrism. Ecocentrism has been adopted in the Law Number 32 of 2009 on Environmental Protection and Management
Incorporating Psychological Approach in Nurturing the Inmates: Solution for Better Correctional System
Full text linkCorrectional facility has duty and strategic function in implementing the imprisonment and nurturing the inmates. The existing regulations are unble to solve the problems within the correctional system. The purpose of this study is to find out better solution with regard to the nurturing process of the inmates. This study employs doctrinal or normative approach. It is found that many inmates involve in criminal activities during the nurturing process. Furthermore, the inmates often become recidivists either by repeating the previous crime or conducting the new one. These facts show that the application of the existing regulations fail to change the inmates’ behavior. Self-conscience of the inmates is a determinant factor and therefore, psychological approach needs to be incorporated in the nurturing process. This can be done especially by providing psychotherapy for the inmate
Patent Law and Its Enforcement in Indonesia, Japan and the USA
Full text linkThe fundamental issues in the era of industrialization is the protection of patent rights and the enforcement of the patent law. In Indonesia, Intellectual Property Rights (IPR) including patent tend to be violated with regard to foreign investment and transfer of technology issue. Therefore, as a member of the WTO, it is necessary for Indonesia to learn from other countries such as Japan and the United States of America, especially in terms of regulations. The purpose of this study is to find out the fundamental differences among Indonesia, Japan and America regarding the protection of patent rights and the enforcement of patent law. This research is a normative legal research. Data is collected from books, international journals, relevant laws and government regulations. The results show that the scope of patent protection in Japan, the United States and Indonesia has so far followed TRIPs and WTO provisions. Basically, Indonesia, Japan, and America have the same acquisition system, namely “first to file”. Historically before 2013 America has ever used “first to invent” system. Coverage of protection remains the same in the fields of technology and industry, but Japan extends the scope of patents to cover those produced by the employees and Indonesia also adopts this model. In term of enforcement, Indonesian patent law also develops a new appeal commission to settle patent disputes
The Importance of the Governor Regulation in Supporting the Geographical Indication of Batik Production in West Java
Full text linkWest Java has traditional batik crafts developed in 27 districts/cities. The diversity in both style and variation af this traditional batik is a source of strength that is not found in other provinces. The spread of imitation batik (batik motif) put a serious threat for traditional batik craftsmen. The purpose of this research is to discuss the importance of regulating the use of traditional batik to increase the economic value and to support the geographical indication in West Java. This empirical legal research used both secondary and primary data. It is found that the regulation on the use of traditional batik as governed under the Governor Regulation is intended to increase the economic value and to support the geographical indication of West Java Province. This regulation is a strategic step in efforts to preserve, develop, and protect the existence of West Java traditional batik
Strengthening the Position of Expert Witness in Judicial Process
Full text linkAn expert witness is a person requested to give testimony based on his/her specific expertise in a court trial. Expert testimony is needed to help the judges discovering the truth. A problem emerges when the expert witness is sued for his/her testimony by the losing party. The purpose of this research is to elaborate the role of expert witness and the need to strengthen its position in judicial process. This doctrinal research relies on the secondary data and employs a qualitative juridical analysis. The result of the research shows that the expert testimony is needed to clarify particular issue that cannot be addressed by the judges themselves. Considering its importance, the expert witnesses should be able to give their testimonies freely and protected from any legal action due to their testimonies.
Simultaneous Elections in North Aceh Regency: An Islamic Perspective
Full text linkThe 2019 Simultaneous Regional Election has brought about some problems which threaten the quality of local democracy, especially in North Aceh Regency, Indonesia. The research aims at discussing the practice of regional election in North Aceh Regency from Islamic perspective. In Islamic law, the implementation of elections is carried out in accordance with the principles of justice and equal rights. This research is a normative and empirical study, where the research data is obtained through library research and interviews with informants. While the data analysis used is descriptive analysis. The results show that the problems in the implementation of the 2019 simultaneous elections in North Aceh Regency according to Islamic law were; first, there is a question on neutrality of the Election Commission officers in carrying out its duties and functions, such as taking sides to certain candidates or parties by way of inflating votes. This is contrary to the principles of Islamic law, namely the principles of justice and equal rights; Second, the weakness of human resources in operating computers for inputting voter data and election result data. In Islamic law, the lack of qualified human resources has an impact on the inability to account for the mandate as caliph; and third, the inadequate facilities and infrastructure, both for offices (workspaces, desks, computers, and other supporting equipment) and non-available official vehicles. This situation is contrary to objective of Islamic law, namely maqashid sharia, such as essential element of life (dharuri), complementary element of life (haji) and accessories of life (tahsini) needs