Jurnal Hukum
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Effectiveness of Countering Acts of Terrorism Within Asean: Challenges and the Path Forward
Get PDFActs of terrorism have emerged as a non-traditional security challenge, exacerbating the intricacies of the geopolitical security discourse and the equilibrium of power while remaining a prevalent menace in the Southeast Asia region. This article seeks to explore effective strategies to confront the evolving threat act of terrorism to establish security and promote peace in the area. This study employs socio-legal approach by analyzing legal materials, primarily ASEAN policies and secondary data. Data analysis was conducted qualitatively, and the results were delivered descriptively to answer the research questions. As a regional organization, the approach used by ASEAN to handle acts of terrorism is ineffective because of the Asian Way. This principle prevents ASEAN from overcoming the issue because it focuses on non-binding, non-specific measures without establishing a mechanism to monitor progress against these acts of terror. This research offers novelty by encouraging the reevaluation, reorientation, and reformulation of the ASEAN Way concerning the rapid global dynamics and transnational challenges. It will strengthen the main pillars, adapt to global realities, and require commitment from all member countries
Legal Framework and Effectiveness of Bank Resolution by the Indonesia Deposit Insurance Corporation
No full textBank failures pose serious systemic risks to financial stability and public confidence. In Indonesia, the Deposit Insurance Corporation plays a crucial role in resolving troubled banks to maintain financial system stability and protect customers. This study aims to analyze the legal framework for bank resolution, specifically the Deposit Insurance Corporation authority, responsibilities, and mechanisms for dealing with troubled banks, and the extent to which Law Number 24 of 2004 and Law Number 9 of 2016 provide legal certainty and support systemic stability. The research method uses a normative legal approach, examining relevant laws and regulations, including early intervention mechanisms, resolution planning, and resolution strategies such as purchase and assumption, bridge banking, and liquidation. The interaction between Deposit Insurance Corporation, Bank of Indonesia, and the Financial Services Authority is also examined to understand inter-authority coordination in crisis scenarios. The findings indicate that the current legal framework is flexible enough to handle troubled banks, but still faces challenges in coordination, transparency, and legal certainty. In conclusion, Deposit Insurance Corporation has a central role, but the effectiveness of resolution depends on clear mechanisms, good coordination, and a strengthened legal framework to maintain the credibility and stability of the Indonesian financial system
Judicial Power and Judges’ Status in Indonesia’s Constitutional Framework
Get PDFThis study aims to analyze and formulate the ideal concept of regulating the position of judges as State Officials from the perspective of ius constituendum, by considering the principle of the rule of law adopted by Indonesia. In the Indonesian constitutional system, Article 24 of the 1945 Constitution affirms the judicial power that is independent and free from interference by other powers. However, reality shows that the dualism of the judge's status—as a civil servant and state official—causes ambiguity in the personnel system, administration, and judicial independence. This study uses a normative approach with a qualitative legal analysis method, supported by a philosophical and legislative approach. The results of the study show that the status of judges should be consistently recognized as State Officials to strengthen independence, professionalism, and integrity in carrying out judicial functions. Philosophically, the independence of judges reflects the noble values of Pancasila and the principle of Belief in the One Almighty God, as contained in the court rulings. Therefore, it is necessary to formulate new regulations that eliminate dualism of status and ensure institutional protection for judges. It is hoped that this conceptual reformulation can become the basis for the formation of legislation that is fairer, more progressive and in accordance with the ideals of Indonesian law
Money Politics and Voter Behavior: Factors Behind Incumbent Defeat in Subang Regency’s 2024 Regional Election
Get PDFThe defeat of incumbents in Indonesia’s 2024 concurrent regional elections reflects deeper issues in local electoral dynamics. In Subang Regency, the incumbent pair—Ruhimat and Aceng Kudus—lost despite holding office for five years and benefiting from institutional and political capital. This study aims to examine the factors behind this electoral defeat, using a sequential explanatory mixed-methods approach. Quantitative data were collected through closed-ended questionnaires from 400 voters across Subang sub-districts, while qualitative insights were drawn from in-depth interviews with five key informants. The findings reveal that while several variables influenced the outcome—including public dissatisfaction, weak campaign messaging, and fragmented political alliances—the most significant factor was political money. A total of 69.75% of respondents admitted that financial incentives had a decisive influence on their voting decisions. These findings underscore how clientelism and vote-buying practices continue to undermine the performance-based evaluation of candidates. The study concludes that political money remains a powerful determinant in regional elections, with significant implications for democratic accountability and electoral reform in Indonesia
The Conserving Agrarian Land for Future Generations: A Policy Blueprint for Indonesia
Get PDFThis study examines the current laws and regulations on land conversion that have not been able to uphold ecological justice, challenges in the prevailing laws and regulations; and the reconstruction of these laws and regulations to comply with the values of ecological justice. This research aims to improve the protection of sustainable food agricultural land for future generations. This study used a normative legal method. The results of the study indicate that the Indonesian regulatory framework has not been able to achieve ecological justice due to competing demands between agrarian and non-agricultural land use. The government's regulatory authority derived from the 1945 Constitution often prioritizes economic goals over ecological justice, so that land protection policies are inadequate. This study concludes with a proposal to reconstruct the regulatory framework to comply with the principle of ecological justice, by proposing specific changes to Articles 2, 23, 39, 42, and 70 of Law No. 41 of 2009, Article 103 of PP No. 26 of 2021, and Article 44 of Law No. 41 of 2009 as amended by the Job Creation Law No. 6 of 2023. This study recommends integrating ecological justice into the legal framework, enhancing provisions to mandate local government participation, and strengthening governance and law enforcement in conserving agrarian land.
The Challenges of Sharia Fintech Regulation in Indonesia: A Global Comparative Analysis
Get PDFThe purpose of this study is to analyze Sharia-compliant fintech regulations in both countries and provide recommendations to strengthen their regulatory frameworks. Financial technology (fintech) has transformed the global financial industry landscape by introducing innovations that accelerate access to financial services. Sharia-compliant fintech, as part of this development, plays a critical role in providing financial services that comply with Sharia principles, such as the prohibition of riba, gharar, and maysir. The study found that Sharia-compliant fintech regulations in several countries, such as Indonesia and Bangladesh, are still in their infancy. Existing regulations are often not fully aligned with the needs of Sharia-compliant fintech, highlighting the need for a more comprehensive and inclusive regulatory approach. In Indonesia, the Financial Services Authority and Bank Indonesia have issued several policies to support fintech development, but there is still no specific regulation for Sharia-compliant fintech. In Bangladesh, the development of Sharia-compliant fintech is supported by Islamic banking initiatives, although a more mature regulatory framework is still needed. By adopting best practices from countries such as Malaysia, which have developed more advanced regulations for Sharia-compliant fintech, both countries can increase financial inclusion and create a more sustainable fintech ecosystem
Foreign Worker Employment in Indonesia: Balancing Investment, Knowledge Transfer, and Local Labor Protection
No full textThis study examines Indonesia’s legal system for employing foreign workers, with a focus on how well it balances economic growth, protection of local workers, and national security. Using a normative juridical approach, it reviews main regulations such as the Immigration Law, the Manpower Law, and Government Regulation Number 34 of 2021. The research finds that the Foreign Worker Utilization Plan is an important tool, but its implementation is weak because of a lack of labor inspectors, poor coordination between institutions, and light sanctions. Although reforms like the Job Creation Law were introduced to make the process easier and attract investment, there are still conflicts between new and old rules, as well as limited public involvement. The study also shows that while foreign workers can support knowledge transfer, their long-term stay and work in low-skilled jobs often reduce opportunities for local workers. To solve these problems, the research suggests creating a stronger supervisory system that includes preventive, persuasive, and repressive measures, better coordination between institutions, and stricter penalties. These steps would help ensure that employing foreign workers benefits the economy while also protecting local workers and national interests
Urgency of Institutionalizing Collaborative Governance in the Legal System for the Protection of Children in Conflict with the Law
Get PDFThis article aims to analyze the legal protection of children in conflict with the law (ABH) from a normative legal perspective and assess the urgency of institutionalizing collaborative governance within Indonesia's legal system. Although Law No. 11 of 2012 on the Juvenile Justice System has adopted a rehabilitative approach, the practical protection of ABH still faces many challenges, particularly in inter-agency coordination. This study shows that the absence of explicit legal provisions regarding cross-sector cooperation mechanisms has led to collaboration occurring only on a personal, non-institutional, and sporadic basis. Using a conceptual and regulatory approach, this article proposes that the principle of collaborative governance can be interpreted as a new administrative legal norm that must be institutionalized through positive regulation. Recommendations include the establishment of a permanent legal-based collaborative body, regulatory harmonization, and strengthening institutional accountability. Thus, the ABH protection system can become more effective, participatory, and socially just
The Settlement of Children's Cases Through Diversion: Role of Leader Community for Justice
No full textThe prison punishment model makes law enforcement behavior only oriented towards punishment, so that the concept of diversion is only used as an option, without considering the importance of the success of its implementation, this study is expected to produce objectives to determine, analyze and study the role of the community in resolving cases of children in conflict with the law through diversion. This study used a socio-legal approach. The results of the study state that, Diversion, as part of restorative justice, aims to restore the condition of victims and perpetrators, and repair relationships damaged by criminal acts, not just to impose punishment. In addition, the issue of child criminal cases can also be resolved through non-formal mechanisms based on standard guidelines. Forms of non-formal handling can be carried out through diversion as a mediation process facilitated by law enforcement at every level. In the case of Children in Conflict with the Law, necessary to present community leaders to provide considerations for the success of diversion so that it achieves the value of justice
Legal Validity of Electronic Summons in Indonesia’s Civil Procedural Law: A Study of Supreme Court Regulation No. 7 of 2022
No full textDigital transformation in Indonesia’s judicial administration is reflected in the implementation of the electronic justice system, particularly through the regulation of e-summons. However, in practice, the e-summons mechanism intersects with the principles of legality and propriety of relaas (summons) as regulated under civil procedural law. This article examines the legal validity of electronic summons as regulated by Supreme Court Regulation Number 7 of 2022 within the framework of civil procedural law that remains guided by the HIR and RBg. It also analyzes legal issues arising from the delivery of summons through external parties, which raises concerns regarding authority, accountability, and procedural legitimacy. This study employs a normative legal research method, using statutory analysis, a conceptual approach to procedural law principles, and a comparative approach to electronic summons practices in several other countries. The findings reveal normative inconsistencies between conventional procedural law and recent digital regulations, as well as unresolved legal issues related to the involvement of third parties in delivering summons. These challenges highlight the need for a reformulation of civil procedural law that accommodates technological developments without undermining legal certainty and procedural justice