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Mediation Regulations Re-Arrangement’s Efforts at the State Court Based on Confidential Principles as the Parties’s Protection
Get PDFMediation is characterized by confidentiality principle that protects the reputations of the disputing parties. However, the implementation of mediation in district courts is affected by the principle of public trial, leading to significant challenges. This paper examines two key questions: how do confidentiality-based mediation arrangements in district courts safeguard the reputations of the parties involved, and what reforms are necessary to ensure that these arrangements effectively uphold confidentiality in the resolution of civil cases? Utilizing normative legal research, this study analyzes primary, secondary, and tertiary legal materials collected through document studies. The analysis employs descriptive, comparative, evaluative, and argumentative techniques. The findings indicate that while mediation procedures in courts are governed by Supreme Court Regulation Number 02 of 2003 and subsequently by Supreme Court Regulation Number 01 of 2008, the most recent Supreme Court Regulation Number 1 of 2016 addresses the confidentiality principle but does not fully enforce it. Therefore, there is a pressing need for regulatory reforms, including the unification of mediation laws and a comprehensive revision of civil procedural law. It is crucial for the House of Representatives and the government to establish a dedicated law that regulates mediation, providing a solid legal foundation for its application in both judicial and extrajudicial contexts
A Notion of Regulatory Reform
Get PDFThe types and hierarchies of laws and regulations in Indonesia are continuously evolving, particularly following the amendments introduced by Law Number 15 of 2019 to Law Number 12 of 2011. This research analyzes the classifications and substantive content of Indonesia's legal framework using a normative legal research approach that incorporates statutory, historical, and conceptual analyses. The findings reveal several key issues: first, it is inappropriate to classify the TAP MPR (People's Consultative Assembly Decree) as a category of laws and regulations under Law Number 12 of 2011, as the MPR is no longer authorized to issue regulations following the amendment of the 1945 Constitution, and there is a lack of review mechanisms for laws that deviate from TAP MPR. Second, the issuance of Perppu (Government Regulations in Lieu of Law) should be strictly regulated, as the President currently has broad discretion to issue them without a clear definition of "compelling exigencies," and such regulations should be limited to the recess periods of the DPR (People's Consultative Assembly). Third, the distinction between Government Regulations and Presidential Regulations remains unclear, potentially causing confusion, while the implementation of other regulatory instruments, particularly Permen (Ministerial Regulations), suffers from a silo mentality, resulting in misalignment and overlap with higher regulations
Indonesia Obligation to Repatriate Nationals Who Had Joined the Islamic State of Iraq and Syria
Get PDFThe Montevideo Convention of 1993 establishes that a state must have a defined population, territory, government, the capacity to engage in relations with other states, and recognition of sovereignty. This raises questions about whether ISIS can be classified as a state or a belligerent organization. Although the Islamic State of Iraq and Syria claims to have a population, territory, and governance, it lacks the ability to engage in diplomatic relations. The National Counter-Terrorism Agency (BNPT) has classified ISIS as a radical terrorist movement. Data from BNPT and Detachment 88 indicate that approximately 1,276 Indonesian nationals have joined ISIS, of which around 297 hold Indonesian passports. This situation prompts a debate regarding Indonesia's responsibility for these individuals and their retention of Indonesian nationality. This article presents findings from normative juridical research analyzing Indonesia's obligations to repatriate citizens who have joined ISIS. The research concludes that these individuals qualify as Foreign Terrorist Fighters (FTFs). However, international law does not regulate the nationality status of FTFs, and each state retains the authority to determine its nationality laws. Consequently, the Indonesian government has the responsibility to repatriate its citizens involved with ISIS
Telemedicine in Indonesia During the Covid-19 Pandemic: Patient's Privacy Rights Protection Overview
Get PDFDuring the COVID-19 pandemic, the adoption of telemedicine services in Indonesia has surged, yet this increased utilization has raised significant concerns regarding patient privacy and data confidentiality, with ongoing incidents of personal data breaches despite existing regulations. This research addresses two key questions: the implementation of telemedicine in Indonesia during the pandemic and the regulatory framework for protecting patients' privacy rights. Utilizing a descriptive normative research method with a qualitative approach, the findings reveal a notable lack of strict sanctions for breaches of patient confidentiality and no explicit accountability for unauthorized data use. Consequently, there is an urgent need for dedicated regulations to safeguard patients' privacy rights in telemedicine, alongside the expedited legislative process for the Personal Data Protection Bill
Moral Paradigm in Establishing of Regulations on Parliamentary Thresholds: An Analysis of Indonesian Implementation
Get PDFThe moral paradigm in establishing legal norms related to parliamentary thresholds in legislative elections is examined through historical, conceptual, and statutory approaches, with the perspectives of key figures on the moral paradigm and natural law serving as analytical benchmarks. This research employs a conceptual framework for legal analysis, focusing primarily on the moral paradigm in the formation of laws concerning parliamentary thresholds in Indonesian elections. The findings indicate that the establishment and implementation of parliamentary thresholds fail to fulfill the primary legal objective of justice, as these thresholds inherently restrict the eligibility of political parties for parliamentary representation in subsequent elections. Consequently, it is recommended that the government abolish the parliamentary threshold through legislative action and the intervention of the Constitutional Court in the upcoming elections
The The International Health Regulation 2005 and Indonesia’s Actions in Handling the Covid-19 Outbreak as te State’s Responbility
No full textThe rise in international travel poses significant health risks that require collaborative efforts among countries and international organizations. This study analyzes the legal implications of this issue using specific methodologies, including systematics, juridical reasoning, and statutory approaches, with a normative-qualitative data analysis technique. The International Health Regulation (IHR) 2005, established by the World Health Organization (WHO) as soft law, forms the basis for global health objectives and mandates compliance from nations as outlined in Articles 2, 3, and 6. States have obligations under national and international law to protect citizens' health, which includes enacting relevant laws and enhancing health facilities and services. Ongoing government efforts to control COVID-19 surges, particularly through vaccination programs, are critical for safeguarding public health.
Environmental Management Based on Islamic Sharia and Customary Law in Aceh
Get PDFThis paper examines how Islamic and customary laws govern environmental management in Aceh using a qualitative normative juridical approach. Data were collected from various literature and documents related to the topic and analyzed through constitutional, historical, and Islamic frameworks. The findings reveal an intrinsic connection between Islamic Shari'a and Aceh Customary Law, as illustrated by the hadith "Adat ngon hukom lagee zat ngon sifeut," indicating that all customary environmental management aligns with Islamic principles. For example, a hadith states that cutting down a sidr tree results in severe consequences, and Aceh's customary law prohibits the felling of trees such as tualang, kemuning, and ketapang without permission from the Keujreun. Additionally, livestock owners must ensure their animals are contained and not allowed to graze near sensitive areas like springs. Under Islamic Law, all humans possess the legal status of muhtaram, necessitating the protection of their rights and the rights of all living and non-living entities
Immaterial Compensation Not Criminal Losing Lives as an Implementation of Victim Protection
Get PDFImmaterial compensation, which encompasses elements such as emotional pain, loss, and psychological suffering, cannot be quantified in monetary terms. However, monetary compensation can still serve as a substitute for these non-material losses. The purpose of immaterial compensation is to provide protection and support to the surviving dependents of the victim, including children, spouses, parents, and other family members. Under the Indonesian Criminal Code (KUHP), crimes involving the taking of life are regulated in Articles 338 to 340, with Article 340 prescribing the most severe penalty—the death sentence—followed by life imprisonment or temporary imprisonment for a maximum of 20 years. In some cases, the provision of compensation by the defendant to the victim's family may result in a reduced sentence or serve as an alternative to the primary punishment. This study employs a qualitative research method, drawing on a range of scientific literature for analysis
Restorative Justice for Users of Narcotics Through Implementation of Depenalization
Get PDFRestorative Justice is a policy that emphasizes recovery over retaliation, marking a significant shift in Indonesia's criminal law system. This approach has been recognized as more effective in achieving justice and operational efficiency, thus renewing the framework of criminal law in the country. This article employs a descriptive-analytical research method with a normative juridical approach to explore the role of Restorative Justice in reforming criminal law and its application as an alternative strategy in narcotics law enforcement. The findings indicate that the implementation of Restorative Justice represents a pivotal update in the legal landscape, particularly within criminal law. Conventional justice policies, often criticized for their ineffectiveness, are now being reformed through Restorative Justice measures. This transition is not confined to general criminal law; it also encompasses narcotics offenses, where the principles of Restorative Justice are applied. The Supreme Court Circular Number 4 of 2010 (SEMA 4/2010) establishes a framework for placing narcotics offenders, victims, and addicts into medical and social rehabilitation institutions. Rehabilitation can only be pursued if the offenders meet specific requirements outlined in this regulation, reinforcing the focus on recovery as a primary objective in addressing narcotics crimes
Street Children Phenomenon in Makassar City : A Criminological Analysis
Get PDFThe presence of children who live on the streets has caused concern in various cities in Indonesia, especially Makassar, South Sulawesi. Lack of education, decent life, and government attention trigger street children to do unlawful acts, such as drugs and drinking. From a criminological perspective, the phenomenon of street children can be explained using the social learning theory. Social learning theory is a convergence between differential association theory with general behavioural principles, which in this theory explains that criminal behaviour can be obtained from environmental influences. There is a reciprocal interaction that directs a person’s behaviour. This study aims to determine the description of street children’s existence in the city of Makassar, analyse the factors that cause the phenomenon of street children, and determine the prevention of street children. The research method uses a type of qualitative research sourced from the various scientific literature. This study indicates that the phenomenon of street children is a warning signalling the need for social development and poverty eradication policies to improve the situation on the broader community and prevent more young people from becoming marginalised. Every child must be protected according to United Nations Children’s Fund and also has been regulated in Regional Regulation No. 2 of 2008 concerning the Development of Street Children, Homeless, Beggars and Buskers in Makassar Cit