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Legal Responsibility in the Pollution and Environmental Destruction Due to Gold Mining Exploitation in Botak Mountain of Buru Regency
Get PDFFrom the case of environmental destruction and pollution that occurred in Buru Island, Maluku Province, the principle of civil liability or known as “obligation” or “aanspraakelijkheid” can be used for those who need assistance to the community and can be used for the principle of accountability. In the case of environmental destruction and pollution that occurs on Botak Island, Buru Mountain, the miners used mercury and cyanide to process minerals in obtaining gold. Based on Article 87 paragraph (1) UUPPLH, the obligation from this pollution can be qualified for the fulfilment of violation, including (a) committing an unlawful act; (b) The presence of environmental pollution and or damage; (c) cause harm to other people or the environment; and (d) is a responsibility and/or activity. Furthermore, to be able to fulfill the compensation according to civil law, Article 1365 of the Civil Code requires the existence of a onrechtmatigedaad or acts against the law, which contains: (a) the act violates the law; (b) the action is based on mistakes; (c) the consequences of these consequences; Article 1365 of the Civil Code can indeed protect one's rights because a party has suffered from the actions of others that cause these disadvantages. Therefore, it is assumed that being against the law here outlines the existence of rights and obligations when committing an act, either an error or negligence or also injuring another person, and resulting in arising from other people
Political Law of Sidawangi Society towards Customary Rights Over Oro-Oro Land
Get PDFThe study concerning political law of Sidawangi society towards customary right over “Oro-Oro” land is commonly triggered by the presence of the arbitrary village officers. Historically, “Oro-Oro” land is characterised as a communal land, but its management is initiated exclusively through an agreement and doubtful rights. The legal law concerning customary right over “Oro-Oro” land is truly expected by Sidawangi society. The action of arbitrary village officers is deemed to be one of crucial factors to realise their expectation.Furthermore, the rumour of switching “Oro-Oro” land into plantation land by the corporation also toughens the strong desire of Sidawangi society to realize their expectation. The present study aims to investigate the significance of legal law and the warranty of customary rights both in the 1945 Constitution, agrarian law and international conventions. This study is conducted through an interview to Sidawangi society and literature studies regarding customary right over “Oro-Oro” land as expected by Sidawangi society. Customary right over “Oro-Oro” land, initiated by Sidawangi Society in Sumber Sub-District, originally refers to a communal area which has been exclusively possessed. In other words, this type of land is not privately preserved. The people in Sidawangi society are only allowed to maintain and gather the result. The arbitrary of village officers seize trees in “Oro-Oro” land without any kinds of certain customary right. The phenomenon in Lampung has provided insight regarding the conflict occurs when the people expect is not fulfilled. The residents inevitably expect the existence of political law in society towards customary land. The legal protection towards customary right over “Oro-Oro” land is essentially guaranteed by 1945 constitution, Basic Agrarian Law Constitution, and international convention of indigenous community
The Implementation of Chemical Castration Penalties towards Paedophilia Crime Perpetrators
Get PDFSexual crime (rape) is one of the crimes that are very disturbing to the community, and its development is increasingly diverse either in the motives, nature, the form, the intensity and the modus operandi. The concerning situation is that a castration or castration law is expected to encouraging perpetrators of child sexual violence to lose their desire to repeat their crime. This research will explain how the implementation of chemical castration against sexual offenders on children (paedophilia) and how the application of castration penalties after the purpose of Indonesian crimes. The implementation of the imposition of the chemical castration sentence seems to be considered as an answer to the high public demand for severe punishment for the perpetrators. The existing rules of criminal law and child protection have never been implemented optimally. The Act of sexual assault on a child brings harmful impacts against physical and psychology to the victim, which became an obstacle for law enforcement officers to know or detect victims of sexual violence against children
Air Rage Arrangement Between the United Kingdom and Indonesia Based on the Tokyo Convention 1963
Get PDFThe implementation of international and national civil aviation must refer to applicable international and national legal norms to ensure the safety of passengers, flight crew, aircraft, and goods transported. To meet safety and security standards, each country must regulate flight security programs that refer to the regulations of the International Civil Aviation Organization (ICAO). Indonesia and the UK must meet these standards in dealing with perpetrators of air rage. Indonesia and the United Kingdom are the countries that participated in the ratification of the Convention on Offices and Certain Other Acts Committed on Board Aircraft, commonly called The Tokyo Convention 1963. Both countries have a legal obligation to implement the convention in their national law. A distinctive feature between Indonesia and the United Kingdom makes the implementation of the Tokyo Convention 1963 in that country different but still has the same goal of ensuring flight safety and security
Regulate DPR’s Committees: Making Indonesian Presidential System More Representative
Get PDFThe evaluation of the DPR's oversight function always considered not to represent the will of critical supervision of the people in almost every DPR's performance satisfaction survey. The DPR Committees institutionally the main actor of supervision, but has not been effective. 11 DPR committees compared to 113 work partners suspected to be one of the causes. Committees formed by DPR and can be adjusted according to needs. Based on a comparative approach on regulations in the US Congress and the British Parliament, it is recommended to narrow the oversight work by increasing the number of DPR committees to balance a large number of partners. The division of supervision work into more committees makes the scope of work narrow so that supervision is more focused. Changes in the arrangement of the number of committees in Law 17/2014 and the DPR 2014 Rules of Conduct need to be done by stating the maximum number of five working partners for each committee. The creativity of the committee to form sub-committees in accordance with needs must also be confirmed in the 2014 DPR Rules of Conduct. Such regulation is expected to make the performance of checks and balances between the DPR and the Government be better assessed by the public as a unitary presidential government system, namely a presidential system that better represents the will of the people's supervision.
The Accommodation of ASEAN Convention against Trafficking in Persons (ACTIP) in Indonesia Regulation
Get PDFTrafficking in Persons is unarguably one of the largest crime industries in the 21st century that demand a concrete and comprehensive approach to prevent and tackle it. Southeast Asia region is one of the highest regions in terms of supplying, transit, and destination for trafficking in persons victims in the world. ASEAN member states, including Indonesia as key sources of trafficking victims have taken many efforts, one of the latest was ratifying ASEAN Convention Against Trafficking in Persons, Especially Women and Children (ACTIP). And to ensure its effectiveness, the parties need to adjust it with the domestic laws. However, almost 2 years since the ratification, it can hardly be identified any new regulations specifically formed to combat TIPs being enacted to support this convention in Indonesia. Therefore, the objective of this journal is to give insights about the accommodation ACTIP in Indonesia regulation
Terrorism and Cyberspace: A Phenomenon of Cyber-Terrorism as Transnational Crimes
Get PDFThe advancement of information technology is changing the pattern of radical group propaganda from conventional methods to the ways they use today, namely using the media and cyberspace, or what is also called as cyber-terrorism. The purpose of this study is to discuss the emergence of the currently experienced cyber-terrorism phenomenon. It is normative research through a literature study method by approaching statutes. The results of this study indicate that cyber-terrorism is a part of cybercrime that is qualified as transnational crime which refers to Article 3 of the United Nations Convention against Transnational Organized Crime. Currently, there are several laws/regulations regarding terrorism at the national, regional and international levels. However, these rules do not specifically regulate new developments in acts of terrorism through cyberspace or what is known as cyber-terrorism
Organizational Culture as an Influencing Mediating Factor between the Transformational Leadership and Work Satisfaction: an Empirical Study on the Police Integrity in the Central Java Regional Police Command
No full textThe research investigates organisational structure as a mediating variable that influences the transformational leadership and the work satisfaction of police integrity in the areas under the jurisdiction of the Central Java Regional Police Command. Police integrity is an important phenomenon, as it is the foundation for realising trusted, modern, and professional police personnel, as expected by the Indonesian National Police (INP). The number of samples in this research was 200 police members from 10 working units in the Central Java Regional Police Command. The sampling method was purposively random sampling. The Structural Equation Model Analysis (SEM) was used to test the influence of the transformational leadership and work satisfaction by placing organisational culture as a mediating variable against police integrity. By the SEM analysis, this research found that police work satisfaction has influence over organizational culture (r= 0.49; p< 005), and the transformational leadership has significant influence over organizational culture (r= 0.37; p< 0.05). Organizational culture as a mediating variable has significant influence over police integrity (r= 0.26; p< 0.05). Furthermore, leadership has significant influence over police integrity (r= 0.39; p< 005), and work satisfaction has direct influence over police integrity (r= 0.24; p< 0.05). Therefore, it can be concluded that the transformational leadership and work satisfaction have strong indirect influence over organisational culture as a mediating variable against police integrity. Meanwhile, work satisfaction has weak direct influence (r=0.24; p<0.05) over police integrity
Siri' Na Pacce Culture in Judge's Decision (Study in Gowa, South Sulawesi Province)
Get PDFManimbohoi Village in Gowa District is part of the Makassar tribe who still hold the Siri' na Pacce culture that highly upholds shame, honour, dignity, and togetherness as Adat Law. During this time, there is often a difference between the Traditional Law of Siri' Na Pacce and Indonesian Positive Law in upholding the material values of criminal acts, so that judges' decisions are difficult to accept by local communities. This study aims to determine the influence of the culture of Siri na Pacce' regarding the judge's decision in constructing the criminal offences committed by residents of Manimbohoi with the decision Number: 66/Pid.B/2012/PN.Sungg.This study used a normative empirical approach with a descriptive-qualitative method that analyses cases of judges' positions and judgments on decisions plus data obtained by interviews with the Adat Officer, Manimbohoi’s people, the judge in Sungguminasa District Court.The results of the study showed that 1)The Siri' Na Pacce as unwritten laws and positive Indonesian law as written laws have the same position in the Republic of Indonesia which can be carried out as long as there is no comparison in the KUHP as Criminal Code; 2)In the decision, the judge has been progressive by imposing a sanction lower than the prosecutor's request indicating that the judge acknowledges Siri 'na Pacce even though it does not include it in writing on the consideration of the points of judges; 3)The weight and lightly of punishments and values of Siri' na Pacce's held by the judge depends on the benefits and feelings held by the judge as a benchmark based on the individual judge's personality; 4)The judge acknowledges the culture of Siri 'Na Pacce as living law but has not been able to put it into judgment as justification, forgiveness, and mitigation reason; 5)Therefore, this Siri' Na Pacce should be maintained Indonesian identity
Theoretical Review: The Protection of Music Copyrights in the Radio
Get PDFPlayback of music or songs on the radio has the potential to infringe the copyright songwriters. Based on the applicable legal provisions, namely Law Number 28 the Year 2014 concerning Copyrights, the songwriter is the copyright owner of music which is protected by law. Therefore, parties who take advantage of music must obtain permission from the copyright owner. Radio companies should get permission from the copyright owner to play the music on their radio station. However, it is difficult to oversee the playback of the music on the radio. In this context, a collective management agency (CMA) emerges, but the presence of a CMA is not mandatory or optional. Therefore, this paper does not involve CMA. In this regard, legal issues arise, namely how to protect music copyrights according to applicable law to attain legal certainty. This paper is a theoretical study of legal theory or legal doctrine relating to the rights of songwriters. In legal science or jurisprudence it is not clearly distinguished between legal doctrine and legal theory. In discussing this issue, firstly it will be discussed about the meaning and types of music copyrights. Next, it will be discussed about the legal construction or legal framework of music copyrights. Based on theoretical studies, songwriters have various rights with specific characteristics so that the treatments must also be accurate. The legal construction of music copyrights is intertwined in a network of legal binding that is influenced by subject and object factors. The subjects involved are interconnected to use the music as its object. The legal relationship between subjects is mutually beneficial or mutual symbiosis. Meanwhile, music as objects is a flexible commodity. Therefore, airing music on the radio is in doubt to be categorized as copyright infringement