Jurnal Hukum Novelty
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Criminalization Based on the Principle of Human Rights Limitation
Full text linkIntroduction to The Problem: The use of criminal law to limit the freedom of citizens’ civil rights must be done with caution since it intimately links to the infringement of such rights.Purpose/Objective Study: The present study aims to explore the criteria of criminalization based on the principle of limitations of human rights.Design/Methodology/Approach: This study employed doctrinal legal research using both conceptual and statutory approachesFindings: In the policy formation of illegal acts, the legislator frequently formulates rights constraints. The criminalization criteria specified in the human rights limitation can be used to apply this restriction. Restriction-containing offenses determined by the legislature must be by law, legitimate aim, and necessity in a democratic society. A consistent model of criteria for democratic society demands does not exist. This last criterion is linked to both the proportionality principle in human rights and the concept of criminal law as a last resort.Paper Type: Research Articl
The Displacement of the Law by Technicity
Full text linkIntroduction to The Problem: Trust towards the legal system and interpersonal trust might lose significance and be increasingly replaced by technical determinacy following the loss of state sovereignty as a result of the deterritorialization of the law in the technical globalized world. The future evolution of artificial intelligence and digitalization may provide instruments to displace law as a social control instrument and at the same time reduce the human factor in the law.Purpose/Objective Study: This paper is describing the connection between the ubiquity of the internet and the rise of disruptive technologies. It asks for the future role of the ethic in the legal system in a technologized society.Paper Type: General Revie
Asymmetric Decentralization in A Unitary State: The Legitimization of The Sultan’s Daughter as The Governor of the Special Region of Yogyakarta
Full text linkIntroduction to The Problem: A unitary state, which democratically runs government, in general rejects a monarchist system. But, Indonesia as a unitary state which applies democracy accepts the Special Region of Yogyakarta has a monarchical system through the application of asymmetric decentralization.Purpose: The aim of this research is to find the pattern of relationships and authority between a democratic unitary state and a monarchist regional government, in particular the Special Region of Yogyakarta.Methodology: This research is normative legal research which analyzes Law No. 13 of 2012 Concerning the Particularity of Yogyakarta, Regulations and Royal Decrees, and Royal Pronouncements.Findings: The research findings show that Indonesia applies asymmetric decentralization to bind a constitutional relationship with the Special Region of Yogyakarta which applies a monarchist system. Indonesia and Yogyakarta’s asymmetric decentralization has a uniqueness over the asymmetric decentralization in federal states, that is by promulgating the Sultan as the governor. Although this promulgation accords with Law No. 13 of 2012 and the Hadiningrat Yogakarta Keraton (Palace) Regulation; however, of late both an internal and external polemic has arisen. This polemic has been triggered by Constitutional Decision No. 88/ PUU-XIV/2016 and Royal Decree and Pronouncement which permits a female Sultan, whereas in the Law of Particularity and Royal Decree confirms the Sultan must be male. This polemic has the potential to give rise to a power struggle within the royal family which has serious implications for the asymmetric democratic system and the constitutional monarchy which to date has been developed by Indonesia and the Special Region of Yogyakarta. For this reason, this research recommends revisions be made to the Royal Decree so that there is gender justice resulting in women being able to have the opportunity to become the sultan. A female sultan can become a new discourse in the legal field and the science of government because it has wide implications for gender, political, and cultural and religious discourses.Paper Type: Research ArticleKeywords: Assymetric decentralization; constitutional monarchy; female sultan; and special region of Yogyakart
Anticipation of the ITE Law and Reconciliation of Its Forms Freedom of Expression through the E-Hights Website
Full text linkIntroduction to The Problem: Misinterpretation in the application of the Electronic Information and Transaction Law (ITE) can reduce democracy and undermine law enforcement in Indonesia. The complexity of the problems related to the Electronic Information and Transaction Law requires solutions to prevent and prevent problems with the Electronic Information and Transaction Law.Departing from the problems posed by the Electronic Information and Transaction Law, Indonesian still need a lot of work to overcome a degrading freedom of expression. We proposed the renewal by making a conceptual design and prototype, namely the E-Hights (Electronic Human Rights) application to overcome those problems.Purpose/Objective Study: This study is to examine the relationship between the constitution and laws and regulations governing freedom of expression through social media, as well as to examine how the use of a website-based application called E-Hights (Electronic Human Rights) guarantees the implementation of this freedom. expression while minimizing violations of laws governing electronic information and transactions.Design/Methodology/Approach: This research is normative legal research supported by secondary data in the form of primary and secondary legal materials.Findings: There are not a few problems in the implementation of the Electronic Information and Transaction Law, the existence of a rubber article in the Electronic Information and Transaction Law which creates multiple interpretations in law enforcement in Indonesia. This multi-interpretation rubber article has an impact on people's freedom of expression. According to research by the Indonesian Judicial Research Institute, the Electronic Information and Transaction Law is a tool to silence freedom of expression. Thus, this can affect democracy in Indonesia, or it could be said that the Electronic Information and Transaction Law makes people afraid to voice their aspirations to the special government. Therefore, the authors offer a solution that is realized in a web-based application.Paper Type: Research Article or General Review
The Challenge of Local Revenue Enhancement through Boarding House Taxation Policy in Yogyakarta City
Full text linkIntroduction to The Problem: In early 2019, the total data on Building Permits for Boarding Houses in Yogyakarta City reached more than 700 houses, and the local tax revenue for the category Boarding House did not reach 40 homes yearly. The urgency of enforcement of the boarding house tax regulation is relevant to increasing tax compliance rates and local revenue from boarding houses.Objective Study: This study examines the enforcement of the Regional Regulation of Number 1 of 2011 on Local Tax and the obstacles to its implementation using the law system components, the law enforcement factors and the law enforcement elements.Methodology: The data used are primary data and secondary data through a regulatory approach. Data collection uses a structured interview process by interviewing five interviewees who handled the enforcement of boarding house tax rules.Findings: The service quality of tax authority factor, law enforcement officers’ factor, and tax sanctions factor have adjusted the public needs (as a legal benefit) and legal certainty while does not provide justice to the community. Implications of the study for tax policy of the Boarding House category are the imposition of criminal sanctions and administrative sanctions against non-compliance boarding house taxpayers, the coordination between tax authorities and law enforcers to enforce boarding house tax rules, and the development of boarding house tax regulations relating to the tax sanctions theory.Paper Type: Research Articl
Business Competition Supervisory Institution: A Comparison between Indonesia and Thailand
Full text linkIntroduction to The Problem: Competition is necessary in the business world; business actors are no stranger to competition between business actors in their business activities. It is done solely for profit. Indonesia establishes the Business Competition Supervisory Commission (KPPU) as a form of the state's presence in protecting business actors who have been honest in carrying out their business activities.Purpose/Objective Study: This research aims to conduct comparative research related to the duties and powers of the business competition supervisory institution in Indonesia and Thailand to provide recommendations on issues related to strengthening the role of KPPU in Indonesia.Design/Methodology/Approach: This type of research is empirical legal research. The study employed the primary data through interview with KPPU and data from a literature review and analyzed it through the statue approach.Findings: Based on studying Thai Competition Act and The Thai Fair-Trade Commission (TFTC), the authors conclude that Indonesia Anti-Monopoly Act and Komisi Pengawas Persaingan Usaha (KPPU) are more simply and comprehensive in regulating business competition. Thailand has more than one institutions who handle the business competition, it is impressed more complicated and not integrated.Paper Type: Research Articl
Industrial Relations with Specific Time Work Agreements after the Decision of the Constitutional Court of the Republic of Indonesia Number 91/PUU-XVIII/2020 in The Perspective of Legal Justice
Full text linkIntroduction to The Problem: The constitutional court decision No. 91/PUU-XVIII/2020 stated that the establishment of Law No. 11 of 2020 on Job Creation contradicts the 1945 Constitution and is considered conditional unconstitutional. Thus, within two years of Law No. 11 of 2020, its derivative rules are still enforced until there is an improvement. However, two years is a legal certainty, but it is uncertain in the business and industrial worlds.Purpose/Objective Study: This study aims to find out how the effect of the issuance of the Constitutional Court of the Republic of Indonesia No. 91/PUU-XVIII/2020 on the implementation of Law No. 11 of 2020 on the Employment Cluster and its derivative rules and how alternative efforts in creating harmonious industrial relations on the issue of working relations with Specific Time Work Agreements after the constitutional court decision No. 91/PUU-XVIII/2020.Design/Methodology/Approach: The research method used is doctrinal legal research.Findings: This research resulted in a study that the influence of constitutional court decision No. 91/PUU-XVIII/2020 impacts the uncertainty of legal protection guarantees in the business and the industrial world. Because it takes two years to implement the provisions of Law No. 11 of 2020 in the Employment cluster and its derivative rules, namely Government Regulation No. 35 of 2021, the business and the industrial world cannot implement the provisions without any guarantee of sustainable time, and it will lead to injustice in industrial relations. One alternative to continue creating harmonious industrial relations with Specific Time Work Agreements is to return to local wisdom, prioritizing the principle of consensus deliberation that prioritizes the parties' agreement in working relations including the fulfillment of rights in compensation payments when there is a termination of employment.Paper Type: Research Articl
Principle of Technological Neutrality in Trade Facilitations: A Legal Perspective
Full text linkIntroduction to The Problem: Electronic and digital trade systems encourage the use of information technology in their services. One of these is the single window. Technology is a neutral aspect of life that can pose significant problems in facilitating trade. These issues stem from the large-scale use of ICT that may cause inefficiency, uncertainty and barriers to trade through discrimination. Regulations related to technology continue to adapt to existing developments so as to ensure a sense of security and legal certainty in the use of technology. The concept of technology neutrality was created by the state to regulate the impartial or neutral use of technology.Purpose/Objective Study: This study aimed to describe the application of the Neutral Technology Principle in Trade Facilitation from a legal perspective and how the concept of neutral technology should be applied in international trade facilitation.Design/Methodology/Approach: The methodology used in this study is legal research with the normative judicial approach.Findings: The Principle of Technological Neutrality can guarantee the implementation of the principles of non-discrimination, efficiency, sustainability, and legal certainty in trade facilitation services.Paper Type: Research Article
Legal Dialectics: Age Limits for Marriage and Political Rights in Indonesia
Full text linkIntroduction: This study aimed to examine the legal dialectic over the age limit for marriage and political rights in Indonesia. It was promoted by a new marriage regulation stipulating the minimum age of nineteen years for men and women. This regulation correlates with the rules containing the minimum age limit, necessitating a further discussion.Objective: Previous studies on the minimum age limit did not focus on the law dialectic.Methodology: There are contradictions between the normative method of law and the idea of legal dialectics. The conclusions were drawn inductively.Findings: There are inequalities in several laws and regulations over the minimum age. The legal products, including a minimum age, are specific to certain laws and actions. The marriage dispensation has broken through higher laws, significantly impacting political rights. Therefore, positive law that ideally becomes a thesis turns into an antithesis due to the dispensation.Paper Type: Research Articl
Legal Protection for Women and Children as Victims of Human Trafficking in Indonesia
Full text linkIntroduction to The Problem: The background of this research is the existence of problems related to legal protection policies for women and children who are victims of human trafficking in Indonesia. Based on data from the Ministry of Foreign Affairs, it is known that there were 35 victims of human trafficking in 2010, while in 2011 and 2012, there were 33 people and 92 people, respectively. One of the policies made by the government regarding the above problems is Law Number 21 of 2007 concerning the Eradication of the Crime of Human Trafficking. However, it is found that this law has not been able to reduce human trafficking in Indonesia. In addition, this law is considered ineffective in fulfilling the rights of victims in which the criminal law's provision of protection to victims of human trafficking has not yet produced a clear pattern.Purpose/Objective Study: This study aims to analyze the legal protection for women and children as victims of human trafficking in Indonesia.Design/Methodology/Approach: This research is normative legal research (juridical normative) which uses a statute approach and a conceptual approach related to legal protection for women and children victims of human trafficking in Indonesia. Research results are further associated with the values contained in Human Rights.Findings: Based on the description above, the problems found are as follows: The number of cases of human trafficking in Indonesia continues to increase; Legal protection efforts for women and children victims of human trafficking viewed from a human rights perspective in Indonesia have not been effective; The form of protection for victims of human trafficking by criminal law has not yet shown a clear pattern.Paper Type: Research Articl