Jurnal Hukum
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Post-Reform Defense Sector Legal Policy: The Principle of Civil Supremacy
No full textThis study examines Indonesia's national defense legal politics in the post-reform era in safeguarding national sovereignty amidst the dynamics of globalization and strategic environmental changes. Utilizing a normative political law research method with a legislative and historical approach, the study analyzes the direction and nature of defense policy through the review of the 1945 Constitution of the Republic of Indonesia (after the amendments), Law No. 3 of 2002 on National Defense, and various related regulations, including policies on budgeting, military force management, and defense sector reform. The findings show that post-reform defense legal politics seeks to assert civilian supremacy over the military, return the Indonesian National Armed Forces (TNI) to its primary defense function, and build a democratic, professional, and accountable defense system. However, policy implementation still faces various challenges, including weak synchronization of legislation, budget limitations and modernization of defense equipment, suboptimal parliamentary roles in legislation and oversight, and high corruption risks in the defense sector. This study recommends strengthening the defense regulatory framework, enhancing the capacity and integrity of the legislative and executive institutions, strengthening the national defense industry, and improving budget governance and transparency as prerequisites for realizing defense legal politics that can ensure national sovereignty and security in a sustainable manner
Legal Responsibility of Medical Specialist for Illness or Death: The Essence of Justice
No full textThis study examines the legal liability of medical specialists who perform medical procedures beyond their scope of competence, resulting in patient morbidity or mortality. The issues analyzed include the essence of justice in the regulation of physician legal liability and the ideal formulation of legal policies in medical practice, particularly amidst the advancement of medical techniques. The research method employed is legal research using a socio-legal approach and explanatory specification. Data sources comprise primary and secondary legal materials, as well as empirical data in the form of complaints and decisions from the Indonesian Medical Discipline Honorary Council (MKDKI) that have attained legal finality, analyzed through descriptive qualitative methods. The results indicate that justice in physician legal liability must be understood as proportional justice, given the disparity in knowledge and authority within the therapeutic relationship between doctor and patient. Medical specialists may be held legally liable if proven to have committed competence violations, such as practicing beyond their authority, failing to refer patients, or providing inadequate medical care. This study emphasizes that physician legal liability is not solely based on the outcome, but rather on violations of professional standards, discipline, and the degree of negligence involved. Consequently, it is necessary to strengthen regulations and oversight mechanisms in medical practice to ensure patient safety and legal certainty for medical personnel
The Reconstruction of Legal Protection Regulations for Tourists Based on Justice Value
No full textThis research aimed to examine the legal protection available and to propose reconstruction of government regulations in legal protection for tourists in Mount Ciremai National Park in Indonesia based on the principles of justice. The methodology used was socio legal research analysis. The results showed that legal protection for tourists in Mount Ciremai National Park area was supported by Islamic law, specifically referenced in the Qur'an, Surah Al-Tawbah, verse 6, as well as by various Indonesian laws and regulations. These included Law on Tourism, Kuningan Regency Regional Regulation on Tourism Implementation, Majalengka Regency Regional Regulation on Tourism Implementation, and Law on Consumer Protection. Furthermore, the proposed reconstruction of government regulations included the inclusion of a new article in Law on Tourism. This article would hold tourism entrepreneurs legally accountable for any losses resulting from the negligence of service personnel or deficiencies in infrastructure at tourist attractions. The research outlined two key discoveries where regulations governing tourism were established under existing tourism laws. Although these laws provided legal protection for tourists, the regulations did not address compensation for losses caused by the mismanagement of tourist attractions. The inclusion of these provisions would significantly enhance the legal framework for safeguarding tourists
Measuring the Consistency of Pancasila Rule of Law Implementation in Ensuring Judicial Independence in Indonesia
Get PDFThis study examines the consistency of the implementation of the Pancasila State of Law in guaranteeing judicial freedom in Indonesia, as stipulated in Article 1 paragraph (3) and Article 24 paragraph (1) of the 1945 Constitution. The Pancasila State of Law integrates the rule of law, protection of human rights, the principles of legality, and judicial independence with Pancasila values that are philosophical, ethical, and religious. Judicial independence, as a key pillar, requires judges to be free from external intervention to produce fair and objective decisions. However, its implementation faces challenges, such as a history of executive intervention, the quality of human resources, and corrupt practices, collusion, and nepotism. This study uses a juridical normative method, analyzes laws and regulations, legal doctrine, and judicial practices in Indonesia, and compares them with the Dutch and United States judicial systems. The results show the need for legal reconstruction through strengthening the guarantee of the position of judge, transparent recruitment, separation of powers, independent budget management, and improving the appeal and cassation mechanisms. This reform will ensure an independent, professional, and integrity judiciary, in line with the values of Pancasila
The Friction in Evidence Law: Criticism on Evidence of Negative Wettelijk Bewijstheorie in Tax Crimes
Get PDFEnforcement of criminal tax law is still a complex problem with the application of the theory of positive legal evidence replacing the theory of negative legal evidence, prioritizing formal evidence over court decisions. This study aims to analyze criticism of the application of evidentiary law in the due process of law of tax crimes and describe the shift in the application of the negative legal evidence theory. This study uses a normative juridical method. The application of negative legal evidence in criminal decisions has been criticized for its strict assessment of evidence, the inability of the Tax Court to handle criminal tax cases even though the taxation contains criminal elements, and the judge's dependence on legally valid evidence based on personal beliefs. The assessment of evidence primarily functions as formal evidence or authentic evidence, with witness statements serving as supporting evidence to confirm fraudulent transactions. The novelty of this analysis lies in its critical examination of the negative legal theory, arguing that in cases of tax crimes, formal documentary evidence has greater evidentiary value, thus leading to the dominance of the positive legal theory in legal reasoning
The Real Solutions to the Ignored Prison Overcrowding Problem
No full textThis study aims to analyze prison overcapacity for concrete and operational solutions. This study used a normative research approach. The author's research results recommend adaptive solutions to the problem of overcrowding, including measuring the improvement of the process of making prison policies and crime prevention in the form of various restorative and rehabilitative regulations such as rehabilitation programs for drug offenders, the application of monetary penalties in lieu of imprisonment, the implementation of open prisons, and the implementation of social control laws; evaluating various guidance efforts that have been carried out to reduce the number of recidivism as a major contributor to overcrowding in addition to prison policies and the judicial process; and deepening the understanding of restorative and rehabilitative efforts in the form of vocational, guidance, job coaching, reintegration in society, as well as public perceptions of prisoners as an implicit driving factor towards repeat crimes. The novelty of this study lies in its integrated perspective, which connects prison overcapacity with the broader need for systemic reform in correctional philosophy
Communal Intellectual Property Rights and Creative Industry Development Through Integration Patterns
No full textTraditional communal intellectual property systems face significant limitations that restrict their economic potential, primarily due to inadequate documentation frameworks and weak ownership security. Simultaneously, creative industries struggle to effectively leverage communal intellectual property resources for innovation, limiting the sustainable economic benefits that could be shared by both traditional communities and creative sector actors. This study examines the potential synergies between communal intellectual property frameworks and creative industry development, aiming to preserve cultural authenticity while promoting economic viability for stakeholders. Using a qualitative research approach, data were collected through literature reviews and structured interviews with key stakeholders in South Sulawesi Province. Findings reveal critical gaps in current communal intellectual property documentation and legal recognition, which hinder effective utilization of cultural assets for economic purposes. Creative industry actors demonstrated strong interest in integrating communal intellectual property but were constrained by the lack of formal legal frameworks, standardized documentation, and collaborative mechanisms. Barriers identified include inefficient intellectual property registration processes and limited community engagement protocols, which weaken equitable benefit-sharing. Nevertheless, successful integration models were observed where communities retained cultural control while enabling structured access for creative industries through cooperative partnerships. The study concludes that legal reforms, standardized documentation, and inclusive governance are essential to foster sustainable communal intellectual property-creative industry collaboration, offering a viable pathway to enhance cultural preservation and drive economic growth in both sectors
The Impact of Globalization on Human Smuggling and Economic Policy Responses
No full textGlobalization has created an interconnected and interdependent world, brought various conveniences while simultaneously raised new challenges in human rights issues. One prominent negative impact is the rise of Transnational Organized Crime (TOC), including human smuggling, which is increasingly facilitated by technological developments and market openness. This practice resembles a free market, where actors compete to attract customers without formal mechanisms for resolving disputes or enforcing contracts, giving rise to trust issues that are often addressed through reputational investment. This study aims to examine the gaps in Indonesia's national law in responding to this phenomenon and assess its relevance to international standards, particularly the Palermo Protocol. Using normative methods through literature review and a comparative approach, this study highlights the relationship between globalization, human smuggling, and the existing legal framework. The findings indicate that although the UN, through the UNODC and the Conference of Parties (COP), has initiated TOC prevention mechanisms, their implementation remains weak without strong normative ties. In conclusion, harmonization of Indonesian law with international standards is needed to strengthen human rights protection and the effectiveness of law enforcement against human smuggling
Implementation of Sanctions for Violations of Coral Reef on Protection Laws
Get PDFThis study aims to analyze law enforcement against coral reef destruction in the waters of Raja Ampat Regency, with a focus on improving the quality of law enforcement resources, especially the Water Police Unit. The approaches used include normative legal and empirical legal approaches with descriptive-analytical methods. The research data consists of primary data obtained through interviews and secondary data from literature reviews and documentation. The results of the study show that legal norms related to coral reef protection have strict sanctions for violations. Law enforcement efforts are carried out through supervision, application of sanctions, and socialization to the community regarding the impact of destroying marine ecosystems as a criminal act. This study highlights the importance of the active role of all elements of society, including parents, in supporting the development of public security and order. This study uses a collaborative approach between law enforcement officers and the community to create legal awareness and improve the effectiveness of marine ecosystem protection in the waters of Raja Ampat. This approach strengthens the role of local culture as a means of education and supervision, creating a more adaptive and sustainable law enforcement model
Legal and Spatial Perspectives on Sustainable Built-Up Land Conversion Control in Pekanbaru
No full textThe rapid expansion of built-up land, measured as Impervious Surface Area (ISA), in Pekanbaru City has raised concerns about urban sustainability and regulatory compliance. This study develops a sustainable control model for built-up land growth integrating normative-legal and empirical-spatial perspectives. Using the Spatial Sustainability Assessment Model (SSAM) and GIS, 702,556 raster pixels of spatial data were analyzed, and systematic sampling generated 76 sample points for logistic regression analysis. Sixty-seven independent variables were examined, comprising biophysical (12), social (31), and economic (24) factors. Ensemble machine learning models, particularly CatBoost with GoldenFeatures, were applied to predict ISA growth and identify key drivers, including urban land values, population density, and the location of health and education facilities. Findings indicate that weak enforcement of relevant laws and regional regulations exacerbates unregulated land conversion. The study provides actionable insights for local governments, recommending stricter zoning enforcement, alignment with environmental laws, and targeted monitoring of high-risk areas to achieve sustainable urban growth. It recommends using the model for risk-based monitoring, enabling a shift from reactive penalties to proactive zoning enforcement to achieve sustainable urban growth