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Formulation Policy Regarding the Smuggling of Lobster Seeds in Indonesia
Get PDFThis paper analyzes how formulation policy of lobster seeds smuggling regulated in Indonesian law to optimize the effectiveness of illegal fishing enforcement, considering penal policy is the basis of criminal law operationalization. This research uses both statute approach and conceptual approach as legal research methods to analyze the issued legal problem. Fishery law in Indonesia regulated in Law No. 45 of 2009 amending Law No. 31 of 2004 concerning Fishery, especially Articles 88 and 16 paragraph (1) which cover the formulation policy of lobster seeds smuggling enforcement. This study will be analyzed into three aspects which are the conduct (the criminal offense), criminal liability, and sentencing system. The result shows that law enforcement regarding the smuggling of lobster seeds in Indonesia is ineffective due to the nonexistence of corporate criminal liability in the fishery law and its sentencing system is lack of both the specific minimum penalty regulation and the penal measures as criminal punishment. However, the draft of the fishery law has already set corporate criminal liability; hence it also regulates the penal measures, in the form of secondary sanctions. Nevertheless, instead of enacting the specific minimum penalty, the draft only determined the maximum penalty as well.
Keywords: Formulation Policy, Fishery Law, Lobster Seeds Smuggling
Corporation's Criminal Liability in Indonesia: A Response to the Weak Enforcement of Corporate Social Responsibility
Get PDFCorporate Social Responsibility (CSR) is a corporate commitment to contribute to sustainable economic development by focusing on the balance between attention to economic, social, and environmental aspects. This paper argues that corporations are subject to criminal law, which can be subject to criminal liability if they do not carry out CSR obligations. This study aims to find out the linkage of sanctions arrangements and the urgency of regulations on criminal liability if the corporation does not carry out CSR obligations. In practice, CSR is only based on corporate awareness and commitment. In the meantime, CSR enforcement's most basic weakness is the absence of strict sanctions for corporations that deny CSR, especially in terms of criminal sanctions. Instead, the sanction is limited to administrative as set out in Act No. 25/2007 on Investment, with a lack of legislation governing criminal sanctions against CSR prevention. In so doing, there is a need to introduce sanctions against corporations that deny CSR, by taking into account adverse impacts to the environment and community.
KEYWORDS: Corporate Social Responsibility, Criminal Liability, Corporations
Pengadaan Tanah Untuk Kepentingan Umum Dalam Kegiatan Usaha Hulu Minyak dan Gas Bumi Proyek Jambaran Tiung Biru di Kabupaten Bojonegoro
Get PDFOne of the development efforts within the national development framework organized by the Government is development for the Public Interest. Development for the Public Interest requires land as a means. Among the activities categorized in the public interest in Act No. 2 of 2012 are upstream oil and gas business activities. Oil and Gas is a non-renewable strategic natural resource controlled by the state and is a vital commodity that plays an important role in the supply of industrial raw materials, meeting energy needs in the country, and as a foreign exchange earner. In all developments involving upstream oil and gas business activities, especially in the land area, land can not be separated from the ingredients, one of which is land acquisition in the Jambaran Tiung Biru project located in Bojonegoro Regency. Based on Act No. 2 of 2012 and the implementing regulations of Presidential Regulation No. 71 of 2012, land acquisition starts from the planning, preparation, implementation, and delivery stages. For the acquisition of Perhutani land, it uses a loan to use the forest area and for the village treasury by swapping. Furthermore, a form of legal action can be taken as a result of the land acquisition of the Jambaran Tiung Biru project in Bojonegoro District, namely, firstly, a state administrative dispute through a claim to the State Administrative Court, while civil disputes through an objection to the District Court.
KEYWORDS: Acquisitions of Land, Public Interest, Upstream Activities, Oil and Gas
The Reverse Burden of Proof in Indonesia's Money Laundering: A Review
No full textMoney laundering has become one of Indonesia's serious criminal offenses. Then, cases related to it should proceed under the specific regulation and procedure. In Indonesia, money laundering is a further crime preceded by predicate offenses. In practice, there are two main problems to apply in money laundering: first, the principles' difference between national and international criminal laws, and second, their norm contradiction. Although the money laundering crime is claimed to be a further crime, it is separated from the preceded crime in prosecution, investigation, and evidence. This study aims to review the juridical contention of the reverse burden of proof in money laundering by considering the existing challenges to apply the norms. This study confirms that there is a juridical problem in the reversal of proof mechanism in money laundering. Therefore, the government should harmonize the existing laws relating to the reverse of the burden of proof in money laundering. It is essential to reform the existing regulations by harmonizing laws related to this case. It considers the existing fragmented criminal provisions set out in the Criminal Code and special laws to indicate serious crimes. This harmonization contributes to restoring the return of the state's losses resulted from this crime. Regulatory reform is inevitable. The government then needs to strengthen diplomatic relations with other countries, especially to enforce national laws through Mutual Legal Assistance (MLA) and extradition of money laundering perpetrators.
KEYWORDS: Indonesian Money Laundering, Money Laundering Act, Reverse Burden of Proof
Perlindungan Hukum Terhadap Merek Dagang Nature Republic Terhadap Pemalsuan Merek Di Indonesia
Get PDFLegal protection against the Nature Republic trademark against brand fraud based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications can be carried out through brand registration as stated in Article 4, Article 5, Article 6, Article and Article 8 of the Trademark Law. while repressive legal protection is obtained through a lawsuit for the deletion and cancellation of trademark registration where the trademark owner has the right to file the deletion and cancellation of the trademark registration violation, whereby registered trademark holders have the right to bring the dispute to criminal law based on article 101, article 101, article 102 and article 103 of Law Number 20 of 2016 concerning Trademarks and Geographical Indications as a complaint offense. The thing that happened in the Nature Republic brand can be said as an act of brand fraud because brand counterfeiting occurs when a fake product or a lower quality product is attached to a well-known brand. Therefore, Nature Republic brand owners request that companies that have used the Nature Republic brand without their permission to stop all production activities of goods and withdraw all of their production items that have been on the market.
KEYWORDS: Legal Protection, Brand, Dispute Resolution Efforts
Transparency Regarding the Tax Avoidance in Indonesia: A Philosophical Review
Get PDFTax avoidance has become a significant problem that adversely impacts the state's financial system, and its impact can obstruct the state, resulting in distrust of the government. The distrust towards the government, generally due to the reason for tax avoidance. Tax avoidance is fundamentally people's awareness of economic democracy. In Indonesia, the current discussion refers to the Tax Procedure Act, specifically regulates the obligation of the taxpayer, but limiting the rights of taxpayers. It becomes a crucial problem of transparency as part of social rights. Although the activities indicate, democracy practice but other critical challenges affect its implementation. The state, as a people's forum, has an unrealized purpose and has the potential national disintegration. The potential of disintegration forms transparency in the taxation system. Transparency in the tax management can provide accountability between the government and citizens to maintain the effectiveness of tax administration. Using transparency in the taxation system is an excellent solution for a democratic economy. By using doctrinal research, tax transparency has aspects of being balanced to realize the welfare of the country. Balancing the features of the taxation system requires the right transmission to achieve the country's purpose for people's welfare.
Keywords: Transparency, Tax Avoidance, Tax Law
The Impact of COVID-19 Through the Lens of Islamic Law: An Indonesian Case
Get PDFCoronavirus Disease 2019 (COVID-19), a virus found in China, has spread worldwide as it has become pandemic. As a result, significant and detrimental impacts are undeniable to global citizens, including those in Indonesia. With the government's suggestions like introducing physical distancing and large-scale social restriction, they slow down economic growth. Also, they impact religious practices, particularly those performed by Muslims in Indonesia. This paper will discuss the impact of the COVID-19 pandemic through the lens of Islamic law. There are two main issues to analyze. First, what is the impact of COVID-19 on community activities in the view of Islamic law? Second, what is the impact of COVID-19 on religious communities in carrying out worship? This paper finds that the COVID-19 pandemic has adversely impacted religious worship activities in public places by considering this virus's rapid transmission. It is followed by the closure of worship places to encourage citizens to practice their religious activities at home. Thus, the whole community was urged, and some were prohibited following the mapping zone experienced by each region. Given Islamic law is believed and trusted by Muslims, in the end, the government has issued a new normal policy by opening places of worship with health protocols.
KEYWORDS: COVID-19, Islamic Law, Religious Practices, Indonesian Muslims
Jaminan Konstitusional Hak Politik Warga Negara Indonesia di Luar Negeri Dalam Penyelenggaraan Pemilihan Umum Presiden dan Wakil Presiden 2014
Get PDFThe Issues that will be discussed regarding the implementation of constitutional guarantees of the political rights of Indonesian citizens (WNI) abroad in holding the 2014 General Election of the President and Vice President (GEPVP), and analyzing the level of participation of Indonesian citizens (WNI) abroad in holding the General Election of President and Vice President. This paper uses a juridical-normative type, while the research approach used is the constitutional approach and the conceptual approach. The application of constitutional guarantees in the implementation of the 2014 Presidential Election abroad has been guaranteed in the constitution and the Presidential Election Law, however, there are still many Indonesian citizens abroad who have not received their voting rights. This happened due to various weaknesses in the implementation of the 2014 GEPVP abroad, including the problem regarding the multiple Permanent Voters List and the number of Indonesians who were not registered in the DPT. Another problem that was found was the lack of campaign activities abroad which so far only rode on promotional and cultural activities, lack of clarity in socialization activities, regarding ballots via unclear post, and not optimal use of Dropbox.
KEYWORDS: Constitutional Guarantee, Political Rights, Indonesian Citizens, General Election of President and Vice President
Challenges for Teacher Profession in Contemporary Indonesia: A Regulatory Analysis
Get PDFThe Indonesian government shows the commitment to include teachers as a noble profession by enacting the Act on Teacher and Lecturer in 2014. This Act outlines and protects the teaching profession so that teachers are expected to be able to work safely and comfortably in carrying out their professional duties. However, the way to strengthen this teacher profession does not respond to many cases resulting in teacher insecurity and discomfort in carrying out the profession. Teachers often experience various considerable threats of violence and intimidation from students, parents, and community members. This paper will discuss the legal protection for teachers in carrying out their profession. The discussion includes the factors that often cause teachers to face criminal limits and strengthen legal protection for teachers in carrying out their noble profession.
KEYWORDS: Legal Protection, Education, Teacher Profession
Penguasaan Tanah di Kawasan Sempadan Pantai dan Wilayah Pesisir
Get PDFIndonesia has large coastal areas that relatively rich in its resources. That’s why the coastal areas including the seashore boundaries are used to define the public interest, industry, tourism, settlements, even the privatization of beaches that brings damage either. Even more, according to the rules about seashore boundaries, it should be free from building settlements. It can make obscurity occupation causes there is no legal certainty for the people who live there. Therefore, it necessary the specific regulation about the occupation of the seashore boundaries include regulation about ownership, occupation, and maintenance. So, it will be arranged systematically. This article examines the regulation and how to do the protection as well as the management of the seashore boundaries and the coastal areas. Based on the study of literature, in practice, the rules of the seashore boundaries and coastal areas are regulated by Law No. 1 the Year 2014 about Changes to the Act No. 27 of the year 2007 about the management of Coastal Areas and The Small Islands. And also arranged by the Presidential Regulation Number 51 the Year 2014 about The Seashore Boundaries. Coastal areas management includes planning activities, utilization, supervision, and control of coastal resources. Whereas, the protection of the seashore boundaries includes prohibition, monitoring, control, also a determination of the boundary limits of the beach to retain its function as a local protection area. This article concludes with suggestions that are maintaining the existence of the seashore boundaries to protect the coastal areas.
KEYWORDS: Land Occupation, Seashore Boundaries, Coastal Areas