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The Possibility Of The Implementation Of Fast-Track Legislation In Indonesia, Rosita Miladmahesi, Wicipto Setiadi, Diani Sadiawati, Handar Subhandi Bakhtiar Feb 2025

The Possibility Of The Implementation Of Fast-Track Legislation In Indonesia, Rosita Miladmahesi, Wicipto Setiadi, Diani Sadiawati, Handar Subhandi Bakhtiar

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

The idea of the implementation of fast-track legislation in Indonesia has been widely discussed lately. It is triggered by the absence of definitive provisions regarding the period for the formation of law. This study examined concept and mechanism of fast-track legislation in some states; and compared them to Indonesia. It projected the idea of implementing fast-track legislation in Indonesia. The study used conceptual and comparative methods related to the mechanism of fast-track legislation. The analysis was performed qualitatively to produce conclusions related to the implementation of fast-track legislation in Indonesia. There are various methods of fast-track legislation around the world …

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An Evaluation Of The Selection Mechanism Of Constitutional Judges In Indonesia And South Korea, Iwan Satriawan, Seokmin Lee, Septi Nur Wijayanti, Beni Hidayat Feb 2025

An Evaluation Of The Selection Mechanism Of Constitutional Judges In Indonesia And South Korea, Iwan Satriawan, Seokmin Lee, Septi Nur Wijayanti, Beni Hidayat

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This paper aims to evaluate the appointment process of Constitutional Court Judges in Indonesia. A guarantee of the judiciary independence is a foundation of a modern democratic state because a judge’s appointment depends on a selection process. Using normative and empirical legal study, the study shows that Indonesia does not have a standardized selection process among the proposing organs regarding assessment and procedure. The selection mechanism is decentralized. It relies on the proposing organs respectively. On the other hand, South Korea has a more standardized selection process, especially on confirmation hearings organized by the National Assembly. The Korean model, which …

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Human Genetic Engineering: Should Indonesia Regulate It?, Hari Sutra Disemadi Feb 2025

Human Genetic Engineering: Should Indonesia Regulate It?, Hari Sutra Disemadi

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

Human genetic engineering raises pros and cons. Despite the potential to contribute to the health sector, it can cause several problems. While, in theory, it goes against nature and against other conservative beliefs, human genetic engineering gains important support from Transhumanism—a philosophy promoting the scientific evolution of the human race. This study determines the relevancy regulation of human genetic engineering on a global scope and how it affects the prospects of regulating human genetic engineering in Indonesia. The study aims to provide consideration for Indonesia in determining the legality status of human genetic engineering, through analyses of legal constructions surrounding …

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The Protection Of Spiritual Rights In The Sharia Banking Dispute Settlement: Overview Of The Sharia Banking Law In Indonesia, Amirizal Bustamin, Arini Azka Muthia, Sonia Ivana Barus Feb 2025

The Protection Of Spiritual Rights In The Sharia Banking Dispute Settlement: Overview Of The Sharia Banking Law In Indonesia, Amirizal Bustamin, Arini Azka Muthia, Sonia Ivana Barus

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

The status of Islamic banking in dispute settlement is normatively a positive legal subject to Islamic law principles. The Financial Services Authority confirms that many conflicts involve Islamic banks and their customers. The problem of the legal and economic context of Islamic banking is more complex, considering the operational concept of Islamic banks is different from conventional banking. Islamic banking must operate based on sharia, including in dispute resolution issues. Spiritual rights are one of the interests of Islamic banking customers that require attention. This study investigates the protection of spiritual rights in the sharia banking dispute settlement based on …

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Lack Of Protection For Whistleblowers At The Workplace In Nigeria: Drawing Lessons From Selected Jurisdictions, David Tarh-Akong Eyongndi, Faith Nwayemogho Opara Feb 2025

Lack Of Protection For Whistleblowers At The Workplace In Nigeria: Drawing Lessons From Selected Jurisdictions, David Tarh-Akong Eyongndi, Faith Nwayemogho Opara

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

The Nigerian government has created anti-corruption agencies, such as the Economic and Financial Crimes Commission and the Independent Corrupt Practices and other related offences Commission (ICPC), to contend with corruption. In 2015, the Federal Ministry of Finance introduced the whistleblowing policy. The policy enables corrupt practices in any workplace, either private or public, to be exposed. However, following the policy, there is no legal framework for the implementation nor protection of the whistleblower. This article adopts doctrinal and comparative methodology to examine the utilitarian values and the propriety of whistleblowing vis-à-vis the employee’s obligation to act in good faith under …

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Deregulation In Job Creation Law: The Future Of Indonesian Labor Law, Nabiyla Risfa Izzati Feb 2025

Deregulation In Job Creation Law: The Future Of Indonesian Labor Law, Nabiyla Risfa Izzati

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

A new era in Indonesian labor policy has begun with the recent passage of Law Number 11 of 2020 on Job Creation. The Law modifies dozens of legislations to make business performance easier and strengthen the national investment climate. In doing so, the Law deregulated some key Indonesian labor law policies, reducing previous labor rights formerly governed by Law Number 13 of 2003 on Manpower. The Job Creation Law also seems to increase labor market flexibility. It makes businesses simpler by the provision to hire workers through an outsourcing system or legalizing longer fixed-term contracts, which will make the labor …

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The Organization Of The General Meeting Of Shareholders Based On Court Determination From The Perspective Of Shareholder Rights’ Protection, Sufiarina Sufiarina, Yetti Yetti, Sri Wahyuni, M. Wira Utama Feb 2025

The Organization Of The General Meeting Of Shareholders Based On Court Determination From The Perspective Of Shareholder Rights’ Protection, Sufiarina Sufiarina, Yetti Yetti, Sri Wahyuni, M. Wira Utama

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

The General Meeting of Shareholders (GMS) is generally the authority of the Board of Directors. Prior to the GMS, the Board of Directors usually invites shareholders to the GMS. In addition, the Commissioners and shareholders under certain conditions have the right to request the GMS. It is even possible for shareholders to hold a GMS based on a court order. For this reason, this study elaborates on the mechanism to hold a GMS based on a court order. This study also explores the characteristics of the procedural law in court and the holding of the GMS based on a court …

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Constructing Responsible Artificial Intelligence Principles As Norms: Efforts To Strengthen Democratic Norms In Indonesia And European Union, Rofi Aulia Rahman, Valentino Nathanael Prabowo, Aimee Joy David, József Hajdú Feb 2025

Constructing Responsible Artificial Intelligence Principles As Norms: Efforts To Strengthen Democratic Norms In Indonesia And European Union, Rofi Aulia Rahman, Valentino Nathanael Prabowo, Aimee Joy David, József Hajdú

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

Artificial Intelligence influences democratic norms and principles. It affects the quality of democracy since it triggers hoaxes, irresponsible political campaign, and data privacy violations. The study discusses the legal framework and debate in the regulation of Artificial Intelligence in the European Union legal system. The study is a doctrinal legal study with conceptual and comparative approach. It aims to criticize the current doctrine of democracy. The analysis explored the law on election and political party in Indonesia to argue that the democratic concept is outdated. On the other hand, the European Union has prepared future legal framework to harmonize Artificial …

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Legal Implications On Cancellation Of Agreements Made Prior To Custody For Good Faith Land Buyers, Ghansham Anand, Dinda Silviana Putri, Xavier Nugraha, Julienna Hartono, Melati Ayu Pusparani Feb 2025

Legal Implications On Cancellation Of Agreements Made Prior To Custody For Good Faith Land Buyers, Ghansham Anand, Dinda Silviana Putri, Xavier Nugraha, Julienna Hartono, Melati Ayu Pusparani

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This study aims to analyze the construction of the cancellation of the land purchase agreement and legal protection for the seller in land purchases before the custody. The study used statute, case, and conceptual approaches. It focuses on the concept of custody and good faith. After analyzing the relevant legal sources, it is known that, on the one hand, Article 447 of the Indonesian Civil Code allows for the retroactive application of the custody in some conditions: (1) the custody is due to unwise, mental disorder, and irrational; and (2) the reasons underlying the custody had existed at the time …

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Covid-19 Induced Virtual Courts Sessions In Nigeria: Practicalities And Impracticalities, Ademola Sunday-Ayeerun, Eti Best Herbert, Ngozi Chinwa Ole Feb 2025

Covid-19 Induced Virtual Courts Sessions In Nigeria: Practicalities And Impracticalities, Ademola Sunday-Ayeerun, Eti Best Herbert, Ngozi Chinwa Ole

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

The Presidential Declaration of Corona Virus Disease 19 as a ‘dangerous contagious disease’ occasioned the emergence of several regulations imposing restrictions on movements and social distancing measures. The Chief Justice of Nigeria and other heads of court also approved the Guidelines and Practice Directions containing modalities for virtual court sessions. This paper aims to examine the legal implications of virtual court session. The traditional requirement that court sessions should be held in places open to the public signifies a constitutional disapproval of virtual court sessions. It is contended that Practice Directions and Guidelines are weak mechanisms for entrenching virtual court …

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Assessing The Assurance Of Legal Certainty And Equity Of The Indonesian Law Of Money Laundering, Seno Wibowo Gumbira, Umi Khaerah Pati, Kukuh Tejomurti, Ratna Nurhayati Feb 2025

Assessing The Assurance Of Legal Certainty And Equity Of The Indonesian Law Of Money Laundering, Seno Wibowo Gumbira, Umi Khaerah Pati, Kukuh Tejomurti, Ratna Nurhayati

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

Law of Money Laundering has a fundamental point to eradicate transnational predicate and serious crimes. Each state has different arrangements to address predicate crime. Indonesia considers predicate crime in the category of ordinary crime consisting of fraud and embezzlement. However, ordinary or conventional crimes may only be subject to the Law under limited circumstances. Article 69 of the Law of Money Laundering remains debatable among criminal law experts due to the relation with Articles 77 and 78 of the Law. The last two articles prescribe that burden of proof on the case of predicate crimes is on defendant, not public …

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The Right To Water In Jakarta: Limitation In A Sinking City, Ahmad Risyad Sumartapraja, Diajeng Wulan Christianti Feb 2025

The Right To Water In Jakarta: Limitation In A Sinking City, Ahmad Risyad Sumartapraja, Diajeng Wulan Christianti

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

Unsustainable groundwater extraction in Jakarta has resulted in the subsidence of its land. Said effect had prompted the Regional Government to limit groundwater extraction. Consequently, the limitation threatens Jakarta residents’ minimum core enjoyment of the Human Right to Water (HRtW). People who live in coastal areas are the most affected. Northern Jakarta have considered the limitation as a burden that force them to spend more on necessities. Since there are no safeguards nor alternatives and that the limitation is from the Regional Government is disproportionate, this study argues that there is a violation of Jakarta residents’ Human Right to Water …

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The Urgency Of Doxing On Social Media Regulation And The Implementation Of Right To Be Forgotten On Related Content For The Optimization Of Data Privacy Protection In Indonesia, Teguh Cahya Yudiana, Sinta Dewi Rosadi, Enni Soerjati Priowirjanto Feb 2025

The Urgency Of Doxing On Social Media Regulation And The Implementation Of Right To Be Forgotten On Related Content For The Optimization Of Data Privacy Protection In Indonesia, Teguh Cahya Yudiana, Sinta Dewi Rosadi, Enni Soerjati Priowirjanto

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

Data privacy that attached to every social media user has become a target of crime. One of the crime types that utilizes social media is doxing. Nowadays, the cases of doxing are increasing. There are still no specific and comprehensive normative rules that cover the data privacy protection to avoid doxing on social media. The fact makes the law enforcement still not optimal. This study is a descriptive study to answer some questions. Firstly, how to regulate doxing on social media based on the perspective of Indonesian law compared to the perspectives of other states in similar issue? Secondly, how …

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The Existence Of Indonesian National Research And Innovation Agency: The Academic Freedom’S Perspective, Muhamad Dzadit Taqwa, M. Irfan Dwi Putra, Muhamad Ali Muharam Feb 2025

The Existence Of Indonesian National Research And Innovation Agency: The Academic Freedom’S Perspective, Muhamad Dzadit Taqwa, M. Irfan Dwi Putra, Muhamad Ali Muharam

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

Recently, Indonesia has taken a policy to merge all the research institutions, which were classified as non-ministerial institutions, into the National Research and Innovation Agency (BRIN –Badan Riset dan Inovasi Nasional). The BRIN is expected to (1) reduce the research costs for the research institutions; and (2) integrate and harmonize these institutions. On the other hand, the policy has drawn constitutional law scholars' attention. Many of them who concern that BRIN intervenes academic freedom in Indonesia. The main factor that causes the concern is the subordinate relationship between the President and the BRIN that restrain researchers from their …

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A Deleuzian Reading On Hart’S Internal Point Of View, Harison Citrawan Feb 2025

A Deleuzian Reading On Hart’S Internal Point Of View, Harison Citrawan

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

Reading H.L.A Hart’s internal point of view or participant’s self-understanding through Deleuzian philosophy suggests an alternate way of grasping Hart’s refutation of John Austin’s command-based theory of law. The study claims two main arguments. First, a Deleuzian investigation of participants’ self-understanding asserts the way to understand not only what law is but also what is about law, or, to be precise, what law can actually do. Therefore, Hart’s participant’s self-understanding is not simply a property of law but instead, it is a concept that uncovers the capacity of Deleuzian ‘desiring-machines’ in law’s plane of immanence. Second, by putting Hart’s concept …

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The Functionalization Of Law And Criminal Procedures To Confront Health Care Fraud In Hospitals, Musa Darwin Pane, Diah Pudjiastuti Feb 2025

The Functionalization Of Law And Criminal Procedures To Confront Health Care Fraud In Hospitals, Musa Darwin Pane, Diah Pudjiastuti

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

Fraud is a systematic crime that has a very broad impact. It can happen in any fields, including in hospitals. Fraud is a form of corruption. Hospital is a health service institution. Corruption in hospitals has the potential to lead to ineffective health services for people. The phenomenon of health care fraud in hospital is an indication the law does not function in accordance with the objective. This study aims to determine the functionalization of law and sentence for fraudulent acts as a form of corruption in hospitals based on justice values. This study is a descriptive study with normative …

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The Supervision Of Village Fund Management To Prevent Corruption, Dewi Kania Sugiharti, Zainal Muttaqin, Rully Herdita Ramadhani Feb 2025

The Supervision Of Village Fund Management To Prevent Corruption, Dewi Kania Sugiharti, Zainal Muttaqin, Rully Herdita Ramadhani

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

Indonesian village government is required to carry out its duties properly. The village government has an obligation to understand legal instruments in many laws and regulations. The legal instruments serve as a guideline to carry out the accountability of the village officials to execute programs that use village funds. Unfortunately, the requirements have not been materialized due to the increasing corruption involving village heads who abused village funds. The study aims to find out the form of accountability of the village head as the power holder of village fund users when there are allegations of village fund corruption and the …

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The Equality Of Parties In Sale-And-Purchase Binding Agreement On Land And Building With The Pre-Project Selling System, Cokorda Gede Swetasoma Feb 2025

The Equality Of Parties In Sale-And-Purchase Binding Agreement On Land And Building With The Pre-Project Selling System, Cokorda Gede Swetasoma

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

The study aims to analyze the legal implications of the Regulation of the Minister of Public Works and Housing of the Republic of Indonesia Number 11/PRT/M/2019 on the Sale-and-Purchase Binding Agreement on Land and Building. The emphasis lies on the equality of parties that involve in buying and selling property using pre-project selling system. This study used legal materials and concepts to approach the issue. The primary legal materials consisted of statutory regulations; and the secondary legal materials consisted of books, scientific journals, and electronic articles. The Regulation of the Minister of Public Works and Housing of the Republic of …

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Vaccines For Tourism Business Actors: Fulfilment Or Violation Of Human Rights?, I Wayan Gde Wiryawan Feb 2025

Vaccines For Tourism Business Actors: Fulfilment Or Violation Of Human Rights?, I Wayan Gde Wiryawan

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

Tourism sector is the largest source of income for Bali province of Indonesia. Unfortunately, the Covid-19 pandemic forced the closure of tourism. Therefore, Bali’s economic growth is experiencing decrease to -10.98%. To accelerate the reopening of tourism, the government has launched the national vaccine movement that also covers tourism business actors. Unfortunately, some parties resist the vaccination because the vaccine is not believed yet to be safe. By using doctrinal legal research, this study examined two problems: the right to health in the context of tourism and the construction of government policies against vaccine resistance by tourism business actors. It …

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Comparison Of Digital Copyright Protection On Over The Top (Ott) Streaming Content Media In Indonesia And The United States, Agung Kurniawan Sihombing, Rika Ratna Permata, Tasya Safiranita Ramli Feb 2025

Comparison Of Digital Copyright Protection On Over The Top (Ott) Streaming Content Media In Indonesia And The United States, Agung Kurniawan Sihombing, Rika Ratna Permata, Tasya Safiranita Ramli

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

In the rapid technological development, physical boundaries have begun to disappear. The internet has created a ‘free culture’. In addition, the era is challenging the copyright concept along with the emergence of ‘digital copyright’. It has become the main commodity of Over-the-Top services providing means of communication and entertainment through the internet. Content streaming service like Netflix uses films, as well as other cinematographic works, as its main commodities. OTT Streaming media helps to protect copyright holders' rights that previously have been violated by illegal streaming sites on the internet. Unfortunately, it also raises a new question: how digital copyright-objects …

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Workers’ Protection In The Covid-19 Era In Nigeria, Ogbole Ogancha O, Oreoluwa Omotayo Oduniyi Feb 2025

Workers’ Protection In The Covid-19 Era In Nigeria, Ogbole Ogancha O, Oreoluwa Omotayo Oduniyi

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

Against the backdrop of measures adopted sequel to the outbreak of the pandemic, this research focuses on the impact of Covid-19 on the workplace. It highlights and interrogates the utility of responsive measures and also articulates recondite labour issues relating to changing work patterns, pay cuts, job losses culminating in growing unemployment rate, and occupational safety and health concerns within the context of extant labour standards. It also extends focus to the impact of Covid-19 on existing challenges revolving around working poverty, decent work deficit, unfair labour practices, and ineffective labour regimes. This research finds, inter alia, that impact of …

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The Judicial Pardon Arrangement As A Method Of Court Decision In The Reform Of Indonesian Criminal Law Procedure, Mufatikhatul Farikhah Feb 2025

The Judicial Pardon Arrangement As A Method Of Court Decision In The Reform Of Indonesian Criminal Law Procedure, Mufatikhatul Farikhah

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

Judicial Pardon is a new concept formulated in the 2019 Draft of the Criminal Code. The concept refers to the judges’ new powers to forgive defendants who are convicted guilty. However, the formulation of the concept has not been adjusted to the formulation of decision types in the draft of the Criminal Law Procedure. There has to be a harmonization between the Draft of the Criminal Code and the Draft of the Criminal Law Procedure. This article is based on a legal study on the importance of regulating judicial pardon as a form of the court decision. It reveals that …

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Balancing The Interests Of Justice: The Case Of Afghanistan In The International Criminal Court (Icc), Siti Rochmah Aga Desyana, Diajeng Wulan Christianti, Chloryne Trie Isana Dewi Feb 2025

Balancing The Interests Of Justice: The Case Of Afghanistan In The International Criminal Court (Icc), Siti Rochmah Aga Desyana, Diajeng Wulan Christianti, Chloryne Trie Isana Dewi

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

The interests of justice are criteria of the requirements under Article 53 of the Rome Statute to open a formal investigation of a case. However, it can be misinterpreted due to its lack of clear scopes and standards. The Afghanistan case highlighted this obscurity when The Pre-Trial Chamber (PTC) decided that the case should not proceed due to the interests of justice despite lacking negative determination from the Prosecutor, and the Appeals Chamber (AC) overturned this decision by excluding the interests of justice from proprio motu cases. This article verifies the limitations of the criteria in international criminal law (ICL) …

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Legal Status Of Law Elucidation In The Indonesian Legislation System, Ilham Fajar Septian, Ali Abdurahman Feb 2025

Legal Status Of Law Elucidation In The Indonesian Legislation System, Ilham Fajar Septian, Ali Abdurahman

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

Law elucidation is the interpretation of norms contained in the body of the law. Since the Constitutional Court reviewed the elucidation, several legal issues have arisen regarding law elucidation in the Indonesian Legislation System. The first is the formal (binding force) and material (material content) legal status of the law elucidation. The second is the extent to which the Constitutional Court can review the law elucidation. This study employed normative juridical and evaluative methods; and generates several conclusions. First, the law elucidation has binding legal force. Second, there are two forms of the elucidation content: (1) interpretation in the form …

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Strategic Lawsuit Against Public Participation (Slapp): A Legal Based Threat To Freedom Of Expression, Eko Riyadi, Sahid Hadi Feb 2025

Strategic Lawsuit Against Public Participation (Slapp): A Legal Based Threat To Freedom Of Expression, Eko Riyadi, Sahid Hadi

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

There are still many attempts to silence freedom of expression in Indonesia. One of the ways to silence the freedom of expression in Indonesia is Strategic Lawsuit against Public Participation (SLAPP). This study analyzed at least three SLAPP cases in Indonesia: (1) the case of Prita Mulyasari vs. the Omni International Alam Sutera Hospital in Tangerang; (2) the case of Budi Heryawan as known as Budi Pego; and (3) the case of Nur Alam vs. Basuki Wasis. This study proposed two questions. First, what is the pattern and portrait of SLAPP in Indonesia? Second, how is the analysis of human …

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Natural Born Citizen As A Requirement Of Indonesian President: Significances And Implications, Susi Dwi Harijanti, Firman Manan, Mei Susanto, Ilham Fajar Septian Feb 2025

Natural Born Citizen As A Requirement Of Indonesian President: Significances And Implications, Susi Dwi Harijanti, Firman Manan, Mei Susanto, Ilham Fajar Septian

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

The Third Amendment to the 1945 Constitution stipulates that one of the requirements to become a presidential candidate is an Indonesian natural-born citizen who has never received another citizenship of his/her own volition. The requirement can create confusion and dissenting opinions to determine persons considered natural-born citizens and methods to prove it. This study explores the significances of determining a natural-born citizen as a requirement to become a presidential candidate and its implications. Through a socio-legal approach, this study concludes that the natural-born citizen requirement's significance is to eliminate racial discrimination from the previous requirement of a “native Indonesian” president …

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Presidential Candidacy Threshold And Presidentialism Affirmation In Indonesia, Titon Slamet Kurnia Feb 2025

Presidential Candidacy Threshold And Presidentialism Affirmation In Indonesia, Titon Slamet Kurnia

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This study discusses the constitutionality of presidential candidacy threshold, particularly related to the principle of presidentialism. This study argues that the threshold is unconstitutional because it does not reflect the principle of presidentialism. The principle emphasizes executive and legislative prescriptions that should be independent of each other. Supporting the current threshold, the Constitutional Court proposes a rationale that the threshold aims to strengthen presidentialism in Indonesia. The current threshold is believed can give the elected president adequate political support in parliament. In fact, the idea is not factually and juridically correct. An elected president can govern effectively without significant institutional …

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From Crime Control Model To Due Process Model: A Critical Study Of Wiretapping Arrangement By The Corruption Eradication Commission Of Indonesia, Hwian Christianto Feb 2025

From Crime Control Model To Due Process Model: A Critical Study Of Wiretapping Arrangement By The Corruption Eradication Commission Of Indonesia, Hwian Christianto

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This study compares three formal criminal laws on the corruption act to show the importance of due process model for wiretapping/lawful interception in Indonesia. Investigators of Indonesian Corruption Eradication Commission (KPK) assume that the implementation of wiretapping based on the due process model decelerate the performance and independence of corruption eradication. The problem particularly happens on the execution of caught in the act operation. This study covers the design of wiretapping on corruption case linked with the due process model as an effort to guarantee the right of privacy. Firstly, legislators accentuated an effective corruption eradication, which highlights the implementation …

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The Reformulation Of Restitution Concept In Juvenile Cases (A Comparative Study With Philippines And Thailand), I Wayan Putu Sucana Aryana Feb 2025

The Reformulation Of Restitution Concept In Juvenile Cases (A Comparative Study With Philippines And Thailand), I Wayan Putu Sucana Aryana

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

The principles of international law mandate diversion as a model for solving juvenile cases. The diversion model as a resolution model in Indonesia, Philippines, and Thailand is rooted in the traditional culture and local wisdom of the people. Diversion agreement can take form of restitution. This study discusses three issues: (1) diversion in juvenile criminal justice system, (2) restitution in diversion, and (3) comparison of restitution in the Philippines and Thailand. This study employs normative legal approach, which examines the ambiguity of norms of restitution forms. Currently, restitution is interpreted merely as reimbursement for victim. This study collected primary and …

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Port Denials And Restrictions Policies During Covid-19 Pandemic Based On International Law, Angela Jessica Desmonda Feb 2025

Port Denials And Restrictions Policies During Covid-19 Pandemic Based On International Law, Angela Jessica Desmonda

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

As a public facility, port has a significant potential to be cluster of the Covid-19 spread. Many states have implemented policies of denials and restriction of port access to protect people’s health. This study aims to analyze port denials and restrictions policies settings based on international law. In addition, this study is to analyze whether the status of state of emergency will affect state’s obligations based on international law. This study was conducted by analyzing associated international treaty law and customary law. The study concludes that no international treaty law and customary law prohibit port denials and restrictions because port …

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