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Legal Conflicts in the Border Dispute between Indonesia and Timor Leste
Get PDFThis study aims to find the pattern of dependable approach in the border dispute settlement between Indonesia and Timor Leste in Oecusse. Historically, the community lived in the border area came from one ancestor. Because of social-political problems, however, the community subsequently followed the trajectory for which the partition between Indonesia and Timor Leste was undeniable. As a result of the partition, in the context, adat land should become the collective right of the community, which is situated under one adat law system but in the different national jurisdictions. This study questions on what causes collective land conflicts at the border of these countries. Using socio-legal and local wisdom approaches, as it is subsequently analyzed according to adat law, the study finds the cause that emerged as the result of the legal conflict between adat law and state law. If the state hands over the problem to adat communities or traditional leaders, based on their adat law dispute resolution, the conflict will resolve quickly. This study recommends the two states, Indonesia and Timor Leste, to provide the dispute resolution to adat or traditional leaders based on their adat law.
Keywords: Legal Conflicts, Border Dispute, Adat Law
Menimbang Kewenangan DPR dalam Penggunaan Hak Angket Pada Kasus Korupsi KTP Elektornik
Get PDFIn Indonesia, the control function of the House of Representatives (DPR) includes interpellation rights, inquiry rights and the right to express opinions. In 2017, the DPR's inquiry rights to the Corruption Eradication Commission (KPK) were considered unconstitutional because the law did not include the KPK as the object of the inquiry mechanism. However, the Constitutional Court (MK) in Decision Number 36 / PUU-XV / 2017 defined KPK as an executive so that this institution can be monitored through the inquiry mechanism. This court's decision, however, contradicts to the four previous decisions which classified KPK as an independent institution. This article examines the validity of the DPR's inquiry rights to the KPK by considering the DPR's inquiry rights as a form of a mechanism for mutual checks and balances to the other state institutions. In practice, there are both formal and material rules that must be fulfilled so that their implementation is legally valid and the DPR's inquiry rights to the KPK in cases of the electronic KTP corruption ignore these conditions. This article recommends that the DPR be careful when using inquiry rights as a monitoring mechanism.
Keywords: Inquiry rights, House of Representatives, Corruption Eradication Commissio
Legal Responsibility on Errors of the Artificial Intelligence-based Robots
Get PDFModern technology is developing rapidly. One branch of industrial technology that is particularly popular at the moment is artificial intelligence (AI) that facilitates society's daily life. On smartphones, artificial intelligence can be found in map applications, personal assistants, shopping websites, and various other applications. Saudi Arabia granted an AI-based robot named Sophia citizenship, and the Shibuya Mirai robot was granted a residence permit by Japan. AI-based technology is used every day and has become a common thing in various parts of the world; however, in Indonesia, legal regulations regarding AI do not yet exist. As a result, a legal vacuum has emerged. When a loss occurs, responsibility can be borne by various parties ranging from consumers, producers, third parties (such as robot trainers or shipping couriers) to the robot itself. Which party will be determined responsible depends upon how a country positions AI. If Indonesia follows in Saudi Arabia's footsteps, then the responsibility will be borne by the AI robot as a citizen. The robot will have the right to sue and be sued, to get the same position before the law, including other rights and obligations, enjoyed by human citizens. Artificial intelligence law-making is a very complicated process and will involve many parties. How Indonesia positions AI is very crucial, particularly in the event of harm or danger caused by AI systems. Various frameworks and concepts can be used, ranging from equating artificial intelligence to living beings, such as humans, pets, or ordinary products to creating entirely new concepts for a legal framework regulating AI-based systems.
Keywords: Artificial Intelligence, Responsibility, AI Law
Hak Pilih Penyandang Disabilitas dalam Pemilihan Umum di Indonesia
Get PDFThe birth of Law No. 7 of 2017, as compared to Law No. 42 of 2008 about the General Election of President and Vice President, includes a difference in Article 5. The requirement in Article 5 is not followed by an explanation of what are the requirements that must be fulfilled by persons with disabilities, and there is no mention of the requirement so as to raise the question of such requirements are contradictory to the 1945 Constitution of the State of the Republic of Indonesia more specifically those requirements are contradictory or not with Law Number 39 of 1999 Article 43 that every citizen has the right to be elected and elect in elections based on equality of rights through voting in accordance with the provisions of legislation. The research used for preparation of this thesis is juridical normative.This research uses legislative and analytical approaches. Persons with disabilities enrolled in the Special Electoral List may empower persons with disabilities to exercise their suffrage.
Keywords: Suffrage, Disability and General Election
Inconsistent Constitutional Court Decisions Resulting in Uncertainty Regarding the Legal Dispute on Regional Head Election Results in Indonesia
No full textIn Indonesia, the Constitutional Court is the sole interpreter and guardian of the constitution and the decision made by this Court is expected to meet a sense of justice, utility, and legal certainty. This paper argues that there is a contradiction between two decisions ruled by the Court resulted in inconsistent constitutional interpretations. Such inconsistency can be referred to the decision of the Constitutional Court Number 072-073/PUU-II/2004 declaring the Constitutional Court to have the power to adjudicate disputes over the results of regional head elections, while on the other hand, the decision of the Constitutional Court Number 97/PUU-XI/2013 ruled this institution no longer to adjudicate disputes over the results of regional head elections by revoking Article 236C of the revised Regional Government Act No. 12/2008. In doing so, this paper analyzes the impact of such contradictory decisions on uncertainty in the legal dispute regarding regional head election results. This paper concludes that such inconsistency was caused by the application of two different approaches: the first decision applied judicial activism and the latter considered judicial restraint.
Keywords: Constitutional Interpretation, Judicial Restraint, Judicial Activism
ASEAN E-Commerce Legal Framework and Alignment of Lao PDR: A Review
Get PDFIn the era of digital technology, the internet has become a new channel for meeting and social interaction of people all around the world, and it has also become an essential platform for commercial activities, especially e-commerce. E-commerce has become a significant driving force for the growth of the economy for all regions around the world. For example, ASEAN, ICT, and e-commerce are recognized as an essential segment for regional integration. ASEAN developed its legal framework in order to promote and facilitate the development of ICT and the growth of e-commerce within the region. Unlike the European Union, ASEAN is not a supranational organization, and it cannot legislate for a whole community. Thus its e-commerce legal framework is developed by harmonizing the Member Countries' national laws into the regional legal system. This paper aims to introduce how ASEAN designs its legal framework for regional cooperation, with a focus on e-commerce. The paper presents how Lao PDR, as a member country of ASEAN, fulfills provisions agreed under the e-ASEAN framework to help understand the way ASEAN Member Countries undertake action to align with ASEAN e-commerce legal framework. To this end, this paper also provides an overview of the e-commerce of ASEAN as a whole and Lao PDR.
Keywords: ASEAN, Lao PDR, E-Commerce Legal Framework, Regional Legal System
The Application of the MFN Principle into 'the Over Top Companies' in Investment Activities of Indonesia
Get PDFThe Most-Favored-Nation (MFN) principle is one of international consensuses, especially for countries registered as members of the World Trade Organization (WTO). The principle is related to investment and international trade within the framework of economic liberalization. At its core, the MFN principle ensures equitable treatment of all parties economically active within a country. Recently, in Indonesia, the Over Top company conducted business activities without paying taxes to the government. The case of the Over Top company highlights an unfair business situation in Indonesia, enabled by the Indonesian government through a poorly established monitoring system and codification of laws. This study argues that the absence of taxation, regulation, and fraud laws for the Over Top Companies in Indonesia, and the Indonesian government is responsible for the enforcement and maintenance of tax laws and the MFN principle for all entities conducting business in the state.
Keywords: MFN Principle, Over Top Companies, Investment in Indonesia
Utilizing Production Sharing Contracts (PSCs) as a Means for the Protection of Indonesia’s Natural Resources
Get PDFIndonesia has the potential to manage natural resources in such a way that social justice, public welfare, and the prosperity of the people is also realized. Contract law is the primary legal umbrella used in efforts to protect natural resources from exploitation. This study uses normative juridical methods that prioritize secondary data as the primary sources. This study shows the form of the legal protection of state assets related to oil and gas management including the government has the right of immunity, the existence of provisions regarding state revenue, state levies, and bonuses and the existence of provisions for contractors to distribute a portion of the production share. Thus, the government uses Production Sharing Contracts (PSC) to enter into oil and gas management agreements with contractors, specifically regarding upstream business activities. The Oil and Gas Law does not elaborate on the meaning of the PSC. Rather, it only states that the PSC is one form of the contracts.
Keywords: Production Sharing Contract, State Control, Protection of Natural Resources
Penyelesaian Sengketa Laut Antara Indonesia dan Malaysia di Wilayah Selat Malaka Menurut Hukum Laut Internasional
Get PDFThe dispute settlement between Indonesia and Malaysia in the Malacca Strait started with the unilateral claims of both countries. The prevailing unilateral claims resulted in the area of Exclusive Economic Zone in the Malacca Strait overlap. The United Nations Convention on the Law of the Sea (UNCLOS) 1982 is the existing International Law of the Sea and both countries, Indonesia and Malaysia, ratified to this Convention. The purpose of this article is to find out how to resolve the sea border disputes between Indonesia and Malaysia in the Malacca Strait under the International Law of the Sea. In the end, this article is also aimed to provide a narrative to the factors underlying the existing maritime border dispute.
Keywords: Disputes Settlement, Malacca Strait, Overlappin