FIAT JUSTISIA
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Evolving the Concept of Default in Relation to Losses Arising from Standard Agreements for Bank Account Openings
Full text linkThis research examines the legal responsibility of banks as commercial service providers, which is primarily based on contractual obligations with consumers. While the foundation for customer claims against banks typically arises from breaches of these agreements, the Consumer Protection Law does not explicitly outline various forms of responsibility, resulting in numerous decisions by the Consumer Dispute Settlement Body being overturned by the Supreme Court. One significant issue is the law’s lack of provision for legal claims beyond tort. Using a normative methodology based on Law Number 8 of 1999 on Consumer Protection, this study underscores the need for a legal framework that emphasizes risk-based bank responsibility for losses stemming from standard agreements in opening bank accounts. This development is essential for strengthening consumer protection and achieving a balance between consumer interests and the rights of business actors, thereby promoting a healthier economic environment
The Role of Investigators in Collecting Evidence Using Sniffer Dogs (K9) Against Narcotics Crimes
Full text linkThe use of sniffer dogs (K9) to assist police in collecting evidence related to narcotics crimes is grounded in the principle that investigators are permitted to employ all lawful means in the pursuit of their duties to uncover criminal offenses. This research adopts both normative and empirical juridical approaches, revealing that the role of investigators in utilizing K9 units encompasses normative, ideal, and factual dimensions. However, several factors inhibit investigators from effectively executing their roles in this capacity, notably the limited regulatory framework governing the use of sniffer dogs, which is confined to the Decree of the National Police Chief No. Pol: SKEP/251/IV/2004 and No. Pol: SKEP17/X/2011. There is a pressing need for a comprehensive legal basis that explicitly regulates the validity and utilization of these laws. Furthermore, challenges related to law enforcement personnel are significant, particularly the shortage of police officers trained as K9 handlers at Polda Lampung. Infrastructural issues, including suboptimal health management of the K9 units, particularly the sniffer dogs, also hinder effective operations. Addressing these factors is crucial for enhancing the role of K9 units in narcotics investigations
Progressive Law and Legal Discourse on the Determination of Customary Forests
Full text linkCustomary forests play a vital role in the lives of indigenous and tribal peoples. The Constitutional Court's Decision No. 35/PUU-X/2012 represents a significant advancement by declaring that customary forests are no longer considered part of state forests. However, despite this ruling, indigenous peoples still face lengthy processes to secure their rights. This article aims to analyze the legal discourse surrounding the determination of customary forests. Employing doctrinal research methods along with statutory and conceptual approaches, it reveals that the designation of customary forests is critical for implementing the constitutional rights of customary law communities, which existed prior to Indonesia's establishment as a sovereign nation. The protracted and procedural nature of establishing customary forests necessitates robust support from regional governments through progressive policies that empower indigenous peoples to exercise sovereignty over their customary forests. Grounded in a legal philosophy that prioritizes human welfare, progressive law provides a framework that can guide the development of effective legal policies for the establishment of customary forests at the regional level
The Implication of the Divorce of Unregistered Marriages for Divorcees’ in Bali: Assessing Status, Right and Duty
Full text linkThis paper analyzes the settlement of palas marabian or divorce cases in Bali. This study focuses on the implication of the settlement of divorce cases settled by the Balinese Customary Law and the National Marriage Law, especially for those whose marriages have not been registered. By using the sociological jurisprudence study method, a method emphasizing the study of the law applied in a particular society, it could be explained that the divorce of the married couple whose marriage was not registered got difficulty in obtaining legal certainty from the authority of their village or Banjar. This was due to the disharmony on the rules of the Balinese customary law and state law of Indonesia. The Leaders of the traditional villages in Bali who carried out the awig-awig (the customary law of the traditional village) could not make any settlement process sine there was no decision from the court of permanent legal force (state law). On the other hand, state law implemented by court judges would not be able to accept the divorce claim if the marriage of the couple was not registered, even though the marriage was carried out and proved according to custom and religion process. As a result, the justice seekers could not get legal certainty. This condition brought implications for the divorcees’ social lives
Update on the Law Regarding the Control of Minimarket to Protect Small Retailers
Full text linkThe increase in the establishment of minimarkets has implications for micro and small business actors, including owners of grocery stores and stalls that sell goods similar to minimarkets. Whereas this business sector is the largest in contributing to the Indonesian national economy. One of the factors causing the increase in the establishment of minimarkets is the regulation made by the government in the form of laws, government regulations, presidential regulations and ministerial regulations that provide convenience in the establishment of minimarkets. Therefore, it is necessary to have legal arrangements in regulating the increase in the establishment of minimarkets in order to protect micro and small businesses. This Journal writing uses normative legal research methods using primary legal materials and secondary data obtained through library data. The results showed that there was an impact of the existence of minimarket outlets on the income of retail traders and grocery stores experiencing changes in income. the traders experienced a decrease in turnover and the amount of income per day. The implication becomes the basis for the formation of the concept of new rules in maintaining business balance as an effort to protect the business actors of Grocery Stores and Stalls from the rampant establishment of Minimarket in the form of a review of the articles related to the existence of Minimarket adjacent to residential areas and fill the legal vacuum related to the distance setting of Minimarket establishment with other Minimarket as well as restrictions on granting business licenses, setting working hours and setting administrative sanctions
Internalizing Animal Welfare Norms: Legal Frameworks for Protecting Animals from Mistreatment
Full text linkThis study examines the critical dimensions of animal welfare, focusing on the impact of various situations and environments on animals from their perspective. Neglecting animal welfare, especially for livestock and slaughter animals, can lead to fear, stress, and pain during essential processes such as transportation, marketing, and inadequate provision of feed and water. Utilizing a socio-juridical approach, the research centers on North Sulawesi Province, where certain animal slaughter practices have been criticized for their cruelty on an international scale. The findings suggest that effective animal protection to ensure welfare can be realized through the establishment of specific laws and regulations that comprehensively address animal protection issues. Such regulations are necessary to prevent legal disharmony and mitigate multiple interpretations by enforcement officials. Moreover, it is crucial to recognize animals as subjects capable of transmitting diseases rather than mere objects of disease transmission, particularly concerning zoonotic infections affecting humans. In Indonesia, the primary factors contributing to inadequacies in animal protection include insufficient sanctions for violations and a lack of knowledge and understanding among law enforcement officials
Challenges and Issues in India's Legal Framework for the Right to Privacy in Cyberspace
Full text linkThe right to privacy is not explicitly mentioned in the Constitution of India. However, it has been inferred by the judiciary from Article 21 in conjunction with the Directive Principles of State Policy. Like other fundamental rights, the right to privacy is not absolute. It encompasses a broad spectrum beyond specific places or domains. Recent advancements in technology and the proliferation of internet usage have significantly heightened the risks to privacy. While technology has opened new avenues for human development, it has also introduced numerous challenges, including unreasonable intrusions into personal domains, unauthorized disclosure of personal information, identity theft, hacking, and digital stalking, all of which can infringe upon privacy rights. This paper explores the intricate relationship between privacy and the growing reliance on technology. It will examine the protections offered by Indian laws and international frameworks to safeguard privacy rights in the digital age. After analyzing the associated issues and challenges, the paper will propose viable solutions to address these concerns effectively
Legal Analysis of EU Policies: Understanding the Binary Status of Labour Migration
Full text linkIn the context of the post-COVID-19 pandemic, Europe faces two significant challenges regarding migrant workers: a shortage of agricultural production workers in certain countries and the "coercive acceptance" of undocumented migrant workers. As most EU countries experience economic recovery following the pandemic, there is an urgent need to restore production activities at a reasonable cost. However, the aging population in some European nations compels governments to recruit foreign workers at elevated costs, leading to irregular migrant workers being viewed as a viable temporary solution. Reopening diplomatic programs with strategic partner countries is also a pressing priority, creating a challenge in reducing illegal migration without erecting insurmountable barriers in diplomatic relations. This analysis examines EU policies regarding migrant workers, with a particular focus on Spain, utilizing qualitative comparative research methodology to explore the distinction between illegal and irregular migration from the perspectives of human rights law and humanitarian considerations, while highlighting various aspects of EU legal documents aimed at protecting the rights of migrant workers and their families
The Urgency of War Crimes Regulation in Indonesian Criminal Law
Full text linkIndonesia's Law Number 26 of 2000 concerning the Human Rights Court aligns with the principles of the Rome Statute but does not address war crimes, which are specifically regulated by the Rome Statute. Given that war crimes do not have an expiration date, they must be prosecuted at any time. This research aims to explore how war crimes provisions are articulated within humanitarian law and international criminal law and why their regulation is essential in Indonesian criminal law. Utilizing a normative juridical approach with qualitative descriptive analysis, the findings reveal that war crimes are governed by humanitarian law through instruments such as the 1907 Hague Convention, the 1949 Geneva Convention, the Declaration on the Protection of Women and Children in Emergencies (1974), and Additional Protocol II of the Geneva Convention (1977), while international criminal law addresses the responsibilities of war crime perpetrators in the IMT Charter (1945), IMTFE Charter (1946), the 1993 ICTY Statute, the 1994 ICTR Statute, and the 1998 Rome Statute. The urgency of incorporating war crimes regulation into Indonesian law is underscored by four factors: Indonesia's ratification of the 1949 Geneva Convention, the absence of specific regulations in the 2023 Criminal Code, Indonesia's role as part of the international community, and the unresolved cases related to armed conflict law enforcement within the country
Alternative Institutions for Dispute Settlement in the Financial Services Sector (LAPS SJK) and Their Role in Banking Disputes
Full text linkThis article examines the emergence of disputes between banks and customers, which arise when a customer submits an issue to the bank mediation organizer after failing to resolve it through the bank's complaint process. Given the inherent legal relationship between banks and customers, such disputes are common and can be resolved through litigation or non-litigation channels. Mediation, facilitated by the Alternative Institutions for Dispute Settlement in the Financial Services Sector (Lembaga Alternatif Penyelesaian Sengketa Sektor Jasa Keuangan, or LAPS SJK), is one of the most effective methods for resolving these conflicts. The article explores strategies to optimize mediation's role, highlighting its confidentiality and focus on win-win solutions, which ultimately foster a more comfortable environment for all parties and help maintain consumer confidence in the financial services sector