FIAT JUSTISIA
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The Effectiveness of Legal Aid Standards for Suspects in the Indonesian Criminal Justice System in Achieving Access to Justice
Full text linkThe implementation of legal aid service standards, as outlined in Regulation No. 4 of 2021 by the Minister of Law and Human Rights of Indonesia, was expected to enhance the quality of legal aid services. However, in reality, suspects continue to experience inconsistent access to their rights, especially within the criminal justice system. This study aims to investigate the application of these standards across the police, prosecutor's office, and court sectors. Employing an empirical juridical approach with a qualitative and comparative study method, data was gathered through interviews and literature review, then analyzed using content and comparative analysis techniques. The findings reveal that the enforcement of legal aid service standards in the criminal justice system has been ineffective, marked by frequent violations of suspects' rights. These violations include providing indirect assistance, inadequate representation at various stages of trials, appointing advocates not affiliated with accredited LBH (Legal Aid Institute), and advocates displaying insufficient responsiveness and engagement in assisting suspects. Such violations significantly hinder suspects' access to justice within the criminal justice system
Analysis of Interfaith Marriage Legality in Indonesia and South East Asia Countries
Full text linkInterfaith marriage in Indonesia is still a problem in Indonesia which is supported by multiple interpretations of regulations. The author in this article will discuss the analysis of interfaith marriage in Indonesia after the issuance of SEMA Number 2 of 2023. This article was made with the aim of analyzing and comparing regulations in Indonesia with other countries. The results of the study show that after the issuance of SEMA, the practice of interfaith marriage still occurs in Indonesia, which is also supported by the lack of government firmness in establishing the applicable regulations
The Role of Religion in Policies of Legal Village-Owned Enterprises to Improve the Economic Rights of Village Communities
Full text linkIn the context of village development in Indonesia, BUM Desa is an important instrument for enhancing the economic welfare of village communities. However, many villages have not fully utilized the potential of BUM Desa due to the lack of integration between religious values and economic policies. Therefore, this study seeks to explore how the application of religious principles can influence BUM Desa policies and contribute to improving the economic rights of village communities. Data collection techniques included in-depth interviews with BUM Desa administrators, village officials, and local religious figures in several villages that have implemented religious-based policies in BUM Desa management and participatory observation, while data analysis was carried out through content analysis and thematic analysis methods to identify key themes in the data. The importance of understanding the relationship between religion and economic policies at the village level, especially in the context of BUM Desa, which have the potential to be the driving force of the local economy. This study involve how religious principles can be integrated into the legal framework for managing BUM Desa to ensure that the economic rights of village communities are fulfilled fairly and sustainably. This study shows that the integration of religious values into BUM Desa policies has significant potential to improve the economic rights of village communities. By prioritizing the principles of justice, shared welfare, and social responsibility rooted in religious teachings, BUM Desa can be more effective in achieving its economic and social goals. This study provides important insights for village policymakers in formulating inclusive and sustainable strategies to advance the village economy
Appointing Constitutional Court Justices with Statesman Qualification through Transparent Selection Mechanism
Full text linkThere is an unclear definition regarding the qualification of a statesman in the candidacy of Constitutional Court Justices. In addition, no assessment is used to search for those who qualify as statesmen. This study aims to determine the nature and characteristics of statesmen as an indication of the selection mechanism of Indonesian Constitutional Court Justices and evaluate whether the selection mechanism may produce justice with statesman qualification. The research method is normative and empirical legal research, which uses philosophical, historical, conceptual, and statute approaches. The result shows that the concept and nature of statesmanship as a requirement for Constitutional Court Justices is based on the Republic of Indonesia's Constitution and the Constitutional Court Law, which states that Constitutional Court Justices must meet the requirements such as integrity and impeccable personality, fair; and statesman who control the Constitution and state administration. However, the recruitment procedure is excessively more political and unstandardized. Therefore, the current mechanism for selecting Constitutional Court Justices may not generate Justices with statesman-like behavior. The research recommends that in the future, the selection mechanism of the Constitutional Court Justices needs to be reconstructed to produce Justices with statesman qualifications by having a more transparent procedure
Additional Legal Protection for Corruption Whistleblowers
Full text linkCorruption represents a breach of the economic rights of society, elevating it beyond mere criminality to the status of an extraordinary offense. Therefore, safeguarding the rights of individuals who report instances of corruption is necessary to ensure their protection. As law enforcement officers, Prosecutors hold the authority to provide legal protection to whistleblowers of corruption, as stipulated in Law Number 13 of 2006 concerning the Protection of Witnesses and Victims (LPSK). Among the various legal protections provided to whistleblowers, maintaining the confidentiality of their identity stands out as the utmost priority. This protection is crucial to ensure effective law enforcement. Hence, safeguarding whistleblowers is important, and to formalize this, law enforcement should be empowered to provide them with the necessary protection
The Urgency of Job Loss Security Program for the Protection of Human Rights
Full text linkJaminan Kehilangan Pekerjaan (JKP) or The Job Loss Security Program is a recent government initiative designed to enhance legal, economic, and social protection for workers affected by Termination of Employment. This program needs proper supervision for optimal contribution to the community well-being. This normative legal research used both statutory and conceptual methods to answer the central research question regarding the urgency of the JKP program in safeguarding human rights. The findings indicate that the JKP program significantly aids workers by providing financial support, facilitating access to labor market information, and enhancing skills through job training, thereby helping them meet their own and their families' needs
Compulsory Licensing in Intellectual Property Rights (IPR): Current Application and Future Prospects in Indonesia
Full text linkThe implementation of Compulsory Licensing in the procurement of anti-retroviral drugs to combat the HIV/AIDS epidemic, which poses a significant threat to Indonesia and global public health, exemplifies the essential necessity and utility of this concept. Compulsory Licensing is pivotal not only for community health but also for advancing Intellectual Property Rights (IPR) law. This research aims to explore the future prospects of Compulsory Licensing and propose regulatory reforms in Indonesia. Utilizing a normative juridical approach, the study concludes that Compulsory Licensing holds strong potential as a countermeasure and in balancing rights and obligations. It underscores the critical need for a robust regulatory framework to support its effective application and growth. Future enhancements, such as allowing appeals against government compensation determinations through judicial review, could bolster acceptance and ensure the sustainability of this concept
Analysis of Hate Speech in the Perspective of Changes to the Electronic Information and Transaction Law
Full text linkThis study aimed to assess the effectiveness of hate speech rules concerning changes in electronic transaction information policies. It further used normative legal study which included the process of identifying legal rules, principles, and doctrines to address the constitutional issues. The results showed that the amendments from the 2008 ITE Law to the 2016 ITE Law did not adequately the basic problems. Furthermore, certain forms of hate speech rules were observed in the ITE Law, particularly in Article 27 paragraph (3) and Article 28 paragraph (2). These rules were unclear benchmarks used in assessing social media posts as hate speech, defamation, or criticism and opinion from an individual about a problem. Therefore, making improvements through legal reform was essential to ITE Law, specifically Article 27 paragraph (3) and Article 28 paragraph (2). The amendments were necessary to develop good legal certainty for the community. The government should further make legal comparisons with other countries to identify the best regulatory framework for the community
The Establishment of Village Regulations in the Context of Village Democratization
Full text linkThe enactment of Law Number 6 of 2014 concerning Villages introduces a distinct dimension to the democratization process within villages, emphasizing recognition and subsidiarity that portrays villages not merely as geographic entities but as integral parts of their socio-cultural communities. Currently, the formulation of village regulations as a manifestation of village autonomy remains a stagnant process. This article aims to critically examine the development of village regulations within the framework of village democratization, employing doctrinal research methods alongside statutory and conceptual approaches. Findings reveal that village regulations constitute a subset of statutory regulations, incorporating provisions from higher-level frameworks while embodying community participation grounded in village-specific authority and rights. The transformation prompted by Law Number 6 of 2014 enhances the scope for village democratization, influencing the formulation of regulations that must meet both substantive and procedural requirements, thus presenting villages with opportunities and challenges in realizing local democratization effectively
Legal Framework for Minimizing Electoral Barriers to Women's Representation in Indonesian Elections
Full text linkThis research aims to develop a legal framework that enhances the regulation of women's representation in politics and elections in Indonesia, employing a normative-dogmatic juridical method. The study assesses relevant legal principles and regulations, including the 1945 Constitution and the Election Law, through both statutory and conceptual approaches. The findings indicate that certain provisions, particularly Article 8, paragraph (2) of PKPU Number 10 of 2023, may diminish women's representation below the established minimum threshold, which contradicts constitutional mandates and superior legal frameworks. These results underscore the critical need for reforming electoral regulations to align with principles of gender equality and justice. The theoretical implications of this research contribute to a deeper understanding of how legal structures impact women's political participation, while the practical implications highlight the urgent necessity for revising electoral policies to effectively enhance women's representation. Furthermore, this study paves the way for future research to comparatively analyze the effectiveness of different electoral regulation models in promoting women's representation across diverse political contexts