Sriwijaya Law Review
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The Problematics of Management Personal Protection Equipment Waste related to Covid-19 in Indonesia
Full text linkMedical Waste for Covid-19 Personal Protective Equipment (PPE) is classified as B3, which can potentially be a medium for spreading the virus. Therefore, management must be carried out, consisting of collection, sorting, transportation, temporary storage, to processing (destruction) based on the Circular of the Minister of Environment and Forestry Number 2 of 2020 using the incinerator and problematic autoclave methods. The purpose of this study is to find out how the law regulates the management of Covid-19 PPE waste in Indonesia and how it should be. The research method used is normative legal research. The results showed that based on the Circular Letter of the Minister of LHK No. 2 of 2020, it is determined that the destruction of Covid-19 PPE waste as B3 waste must go through an incinerator facility with a minimum combustion temperature of 800â° C and an autoclave equipped with a shredder. This method is considered overkill and incurs high costs. The conclusion of this study is to provide input for the Government to review or revise the Circular regarding safer Covid-19 PPE B3 waste management, including through the pyrolysis method
Philosophical Foundation of Chemical Castration for Offenders of Sexual Violence Against Children
Full text linkThe rate of sexual violence against children in Indonesia is very alarming. Perpetrators of sexual violence against children are usually adults close to the victim, including family members and neighbors. Sexual violence is a violation of human rights. Sexual violence deprives the victim of security and protection, the right to prosper physically and spiritually, the right to be free from torture or treatment that demean human dignity, and the right to live. Chemical castration stipulated in Law No. 17 of 2016 is a form of punishment that is not under criminal law policy in Indonesia, which is based on Pancasila and the 1945 Constitution. Chemical castration formulated in Article 81 Paragraph (7) is not following the values of Pancasila, especially the first principle, namely belief in One and Only God, and the second principle, just and civilized humanity. Substantially, the castration penalty causes an individual to lose the right to continue the lineage and fulfill basic needs as guaranteed in Article 28B paragraph (1) of the 1945 Constitution. The same thing is stated in Article 10, paragraph (1) of Law No. 39 of 1999 concerning Human Rights
International Organisations Efforts in Regulating Foreign Direct Investments in the Host States
Full text linkDespite various efforts made by the international organisations over the decades, the idea of concluding an international agreement on foreign investment is still some way off. Due to the protest from the developing states, at this moment, international organisations do not have this item on their active agenda. The objective if this paper is to provide a thorough understanding of the law of foreign investment and the interplay between law and politics in regulating foreign investment. This paper examines two questions, namely, what are the efforts of the international organisations of regulating foreign investment? How has the law been interpreted over the years? Using doctrinal research method, this paper will critically analyse various international instruments in order to find out their effort to regulate FDI in host states. The findings of this study show that contribution made by the UN and other international organisations may not have led to a triumphant conclusion of a universal instrument but they have spelt out the main principles of law governing the treatment of foreign investment under international law
Does the Protection of Minority Groups in Xinjiang Fail?
Full text linkNowadays, many human rights violations related to religion, race or culture exist. In 2018, The Council on Foreign Relations (CFR) estimated around two million Uyghur were arrested by the Chinese government without due process of law and forced to accept the political doctrine of the Chinese Communist Party. These actions include physical torture and restrictions on religious freedom. Article 2 of 1948 UDHR stipulates the prohibition of discrimination against race, colour, sex, language, religion, political or other opinions, national or social origin, property, birth, or another status. The paper aims to analyse human rights violations against the Uyghur and legal efforts to protect freedom of human rights for Uyghur in China. Human Rights have been fully regulated by the 1948 Universal Declaration of Human Rights (UDHR). By using statutory and case approach, the result shows that the actions taken by the Chinese government have violated legal provisions including the Declaration and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). The government of China is also failing to uphold its responsibility to protect
Ratio Legis of Chemical Castration to the Perpetrators of Sexual Violence against Children
Full text linkThe government responds to the increasing number of cases of sexual crimes against children by legalizing Government Regulation in Lieu of Law No. 1 of 2016 concerning the Second Amendment to Law No. 23 of 2002 concerning Child Protection. This regulation emphasises on increasing the severity of criminal sanctions and the imposition of an additional penalty for perpetrators of sexual violence against children. It is effective to give deterrent effects, to prevent future crimes, and to provide rehabilitation. Furthermore, Government Regulation in Lieu of Law No. 1 of 2016 has been amended into Law No. 17 of 2016 concerning Stipulation of Government Regulation in Lieu of Law No. 1 of 2016 concerning the Second Amendment to Law No. 23 of 2002 concerning Child Protection into Law. The juridical foundation will be used as a legal basis for the new law, namely the Draft Bill concerning amendments to Law No. 23 of 2002 concerning Child Protection. Cases of sexual violence against children are increasing, threatening children's strategic role as the nation's future. Hence, the state needs to increase the severity of criminal sanctions and to take action against perpetrators of sexual violence against childre
The Effectiveness of the Implementation of Customary Fines in Settlement of Seclusion Cases in Banda Aceh
Full text linkSeclusion (khalwat) is the activity conducted in a quiet place between two individuals of different sex who are not mahram (blood relative) without the legitimate marriage bond and the willingness from both parties, which leads to adultery. Fine is one of the customary penalties given to the perpetrators of khalwat. In practice, implemented of fines between one region and another is different. The study aims to identify the types of adat fines charged to khalwat perpetrators and the effectiveness of implementation on the settlement customary fines in Banda Aceh. It used a juridical-empirical research method. The data used, in addition to primary and secondary legal material, also used an in-depth interview with respondents. The data analyzed using a qualitative descriptive approach. This research conducted in Banda Aceh district. The research results show that the kind of customary fines given to khalwat perpetrators was different. There are even some cases begun to shift, and some considered that being married because of khalwat was considered one of the customary fines. Customary fines are effective in reducing offense of khalwat. However, there are concerns if the decision of the customary fines does not get optimal support from law enforcement officials. Expected, customary official affirmed kind of customary fine given to khalwat perpetrators. The difference subtle, need to consider the aspect of justice, the ability, and effective whereabouts of fines to reduction offense of khalwat
Implementation of the UNCLOS 1982 in Utilization of Highly Migratory Species By Indonesia
Full text linkIndonesia is one of the producers of tuna and tuna species (tuna, skipjack, and mackerel tuna), which are increasing every year. Its geographical location and area of its many Exclusive Economic Zones (EEZs) bordering many neighboring countries, requires Indonesia to implement the CLS 1982 provisions on far-migratory fish. In this connection, Indonesia implements two forms. Firstly, in the form of legislation, which Indonesia has issued about 17 regulations, starting from the level of the Law to the Ministerial Regulation. Secondly, Indonesia has been active as a member of regional fisheries organizations whose territory borders on the Indonesian EEZ. Consequently, from the issuance of this Ministerial Regulation, Indonesia must carry out fisheries monitoring on board, to meet the higher quality data needs. So that Indonesia is faced with carrying out monitoring on fishing vessels operating in the convention area of the RFMOs, namely the Indian Ocean Tuna Commission, the Commission for Southern Blue Fin Tuna Conservation, and the Central and Western Pacific Fisheries Commission. In order to optimize this implementation, Indonesia needs to prepare officials, facilities, and infrastructure that can support the compliance and enforcement of legislation that has been issued. Indonesia should immediately formulate fisheries policies in the high seas outside the Indonesian EEZ, which involve and benefit Indonesian fishermen
Does the State Fail to Protect Defendant Rights in the Criminal Justice Process? A Case in Kosovo
Full text linkThe Republic of Kosovo is a new state that declared independence in 2008 and adopted its modern constitution also in 2008, where during twelve years the state has created a very advanced constitutional and legal system in terms of protection of freedoms and human rights in general. Also, in its legal system, Kosovo has built important mechanisms aimed at protecting the position of the defendant during criminal proceedings. Although Kosovo has established constitutional and legal guarantees for the protection of the rights of the defendant in the criminal process, the situation in practice is not satisfactory. The various data and reports reflected in this paper show that Kosovo has failed to meet the rights of the defendant and failed to protect these rights. Even this situation has continued continuously. What is disappointing about the defence of the defendant's rights is the fact that the regular courts have been careless, in enforcing the constitutional standards for the protection of the defendant's rights. In several cases, the courts have even failed to protect these rights. Kosovo's Constitutional Court is the only subject that has compensated, to some extent, the protection of the rights of the defendant. The paper reflects the practical situation in how much Kosovo has managed to apply and protect in practice the constitutional and legal guarantees offered by its legal system.
Cultural Locality and Bureaucracy on the Sukabumi City Police Command
Full text linkRational bureaucratic models in various organizational contexts can no longer be implemented as originally designed because of the interaction of cultural locality, including in city-level police organizations. Services to the community in the District of Sukabumi cannot be implementedappropriately. It is because there are three problems, namely the absence of detailed and transparent rules, the lack of material and budget support, and the functional relationship between the police and the community, which is influenced by the dominant local culture. This research investigates the variety of features of cultural locality in the bureaucracy of Sukabumi ResortPolice through a qualitative approach.The source of research data is determined purposively and snowball based on an emic approach to get social phenomena that occur. Data mining is carried out in the form of complete participant observation, interviews, and document studies. The results of the research revealed that the bureaucracy in resort police is characterized by a unique hierarchical chain and unity of command through and carried out by superiors, specialization into functions, regulations and organizational policies, standard procedures for each job, career coaching structure, and impersonal relationships. In addition, the cultural context and locality of the Sukabumi community, which is thick with Sundanese culture, become a social convention which is manifested in activities, actions, and ways of thinking. These manifestations are based on friendship, mutual assistance and respect, respect for parents, deliberation in solving social problems that refer to the culture of diriungkeun by using religious figures, preachers, and ajengan as primordial charismatic figures.Cultural context and locality are believed to have influenced the bureaucratic style so that the rational bureaucracy cannot be fully implemented but must adopt local culture
The Challenges of Prosecuting Maritime Pirates
Full text linkMaritime piracy has always posed a constant threat to the peace and security of maritime navigation. The rise of acts of piracy is found to have been caused by several crucial factors such as geographical factor, weak law enforcement, maritime insecurity, economic dislocation and cultural acceptability. Nevertheless, due to the lack of consistency and uniformity on the definition of piracy under international law as well as on the imposition of penalty or punishment for such acts, together with the lack of domestic laws on maritime piracy and the reluctance of States to prosecute maritime pirates, these have also contributed to the emergence and increase of such acts. Additionally, as a result, challenges are faced in prosecuting the captured maritime pirates, for instance, the drafting of the charges against the perpetrators, jurisdictional issues, political concerns and technical issues which may lead a State to drop the charges and releasing the perpetrators. Notwithstanding this, some States that do not have a specific legislation on piracy, such as Malaysia, had successfully tried and punished maritime pirates under their own domestic criminal laws. Accordingly, in order to face these challenges and to gradually eradicate the acts of piracy, it is suggested, amongst others, for the uniformity on the definition of piracy under international law, legal guidelines under the United Nations Convention on the Law of the Sea (UNCLOS) on the prosecution and imposition of punishment against maritime pirates and for States to increase their cooperation in combating acts of piracy via bilateral and multilateral treaties