Law Commons^™

Cultural Diplomacy And Global Challenges In G20 Indonesia 2022, Poppy Setiawati Nurisnaeny, Hendra Kaprisma, Suwedi Suwedi

International Review of Humanities Studies

Indonesia has been chosen to host the G20 summit in Bali in November 2022. Indonesia has prepared many agendas ahead of the execution of this summit. This preparation concerns the technical implementation of multilateral relations, which have undergone significant changes due to the COVID-19 pandemic. Furthermore, Indonesia needs help hosting the G20 due to the fractured multilateral relations of several G20 member countries caused by the Russia-Ukraine conflict in early 2022. As a result, Indonesia must mediate between the disputing parties to resolve this issue by selecting appropriate communication methods. Cultural diplomacy is one approach. Cultural diplomacy is a non-coercive …

Innocent Until Presented, Aristo Pangaribuan

Jurnal Hukum & Pembangunan

This paper analyzes a practice of presenting suspects, which is a ritual that displays a suspect before the media. Until now, although it is frequently used by the police, there has been no attempt to examine such practices in Indonesia. In the criminal procedure scholarship, there is no standard term to describe it. This article will refer to such ritual as a presentation of suspects. This ritual has also been practiced around the world with different methods and has a long history, especially in the United States. This article discusses the presentation of suspects and question whether such a ritual …

The Protection And Preservation Of Underwater Cultural Heritage: The Practice Of Indonesia, Dhiana Puspitawati, Rangga Vandy Wardana

Indonesian Journal of International Law

United Nations on Law of the Sea Convention (UNCLOS) recognizes the protection and preservation of underwater cultural heritage found at sea, by emphasizing preferential rights of the State of country of origin, or the State of cultural origin, or the State of historical and archaeological origin. To preserve the rights of such States, UNCLOS implicitly allows the removal of underwater cultural heritage upon prior approval from coastal State based on State’s cooperation. On the other hand, the Convention for the Protection of the Underwater Cultural Heritage 2001 (2001 UCH Convention) strictly prohibited any exploitation and commercialization of such cultural heritage …

Tinjauan Yuridis Dalam Penyelesaian Pelanggaran Ham Berat Melalui Komisi Kebenaran Dan Rekonsiliasi Di Afrika Selatan Dan Indonesia, Tshana Erfandi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Several countries are currently developing a solution to the problem by establishing a particular commission. The commission works outside the courts, parliament and executive. In Indonesia, In Indonesia. The People's Consultative Assembly set a stipulation regarding the establishment of the National Center for Truth and Reconciliation: (NCTR) in 2000. This stipulation has the intent and purpose for national unity to identify existing problems, determine the conditions that must be made in order to achieve national reconciliation and establish policy direction as a guide to carry out the consolidation of unity of a nation. Whereas in South Africa, the National Center …

Politik Hukum Pertambangan Dalam Pelaksanaan Kewajiban Pengolahan Dan Pemurnian Mineral Dan Batubara Di Indonesia, Ahmad Nugraha Abrar

"Dharmasisya” Jurnal Program Magister Hukum FHUI

This study discusses the politics of mining law in the implementation of the obligation to process and purify minerals and coal to improve the quality of minerals and coal in Indonesia. The research focuses on the legal politics that occur in the implementation obligations in developing mineral and coal processing and refining in the country to improve the quality of minerals and coal before being exported abroad. This study also discusses the paradigm of mining regulations in processing and refining since the mining law in post-independence to reformation. The results of this study indicate that there are still problems in …

Analisis Perbandingan Hukum Mengenai Tunjangan Pasca Perceraian Di Indonesia, Richard Daniel

Lex Patrimonium

Divorce, one of the many causes of the end of a marital relationship, brings an impact towards the parties bound in the marital relationship, specifically in the economic conditions.Of the many divorce cases present, the wife in the relationship more often experiences economic hardships, due to the fact that their livelihood during the marriage was provided by the husband. Hence, to prevent condition whereas one of the former spouses being burdened because of divorce, it is necesarry to have defined law regarding spousal maintance after divorce. This thesis discusses the law of spousal maintance in Indonesia and compares it with …

Tinjauan Yuridis Dalam Penyelesaian Pelanggaran Ham Berat Melalui Komisi Kebenaran Dan Rekonsiliasi Di Afrika Selatan Dan Indonesia, Tshana Erfandi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Several countries are currently developing a solution to the problem by establishing a particular commission. The commission works outside the courts, parliament and executive. In Indonesia, In Indonesia. The People's Consultative Assembly set a stipulation regarding the establishment of the National Center for Truth and Reconciliation: (NCTR) in 2000. This stipulation has the intent and purpose for national unity to identify existing problems, determine the conditions that must be made in order to achieve national reconciliation and establish policy direction as a guide to carry out the consolidation of unity of a nation. Whereas in South Africa, the National …

Larangan Pembatasan Kuantitatif: Studi Kasus Indonesia – Importation Of Horticultural Products, Animals And Animal Products, Faiz Muhammad Rizky

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

In 2014, Indonesia implemented measures relating to the importation of horticultural products, animals and animal products which were seen as a trade barrier in the form of quantitative restrictions imposed through the import licensing system. This article analyze whether the panel and appellate body decision in the case of Indonesia - Importation of Horticultural Products, Animals and Animal Products is in accordance with the provisions contained in the WTO legal framework. Indonesia’s policies cannot be justified under WTO legal framework, though there are some exceptions of the quantitative restriction provision.

Keywords: Indonesia, WTO, Import, Licencing, Quantitative Restriction

Hak Asasi Manusia Tersangka Tindak Pidana Terorisme: Studi Perbandingan Antara Indonesia Dan Malaysia, Fayez Ghazi Mutasim Adesta Mr., Sapto Priyanto Dr.

Journal of Terrorism Studies

Terrorism is the use of force or threat to use force with the aim of bringing a political change, this is the definition according to Brian Jenkins. It is not doubted by anyone that the crime of terrorism is an act of crime that is extraordinary. However, similar to any other crimes, the principle of innocent until proven guilty should always be upheld. This is due to the fact that we should presume anyone’s innocence until the court of law hold otherwise. This paper is aimed to further discuss pertaining to the human rights of an accused of crime of …

Larangan Pembatasan Kuantitatif: Studi Kasus Indonesia –Importation Of Horticulturalproducts, Animals And Animal Products, Faiz Muhammad Rizky, Rouli Anita Velentina

Jurnal Hukum & Pembangunan

n 2014, Indonesia implemented measures relating to the importation of horticultural products,animals, and animal products which were seen as a trade barrier in the form of quantitative restrictions imposed through the import licensing system. This article analyzes whether the paneland appellate body decision in the case of Indonesia -Importation of Horticultural Products, Animals and Animal Products under the provisions contained in the WTO legal framework. Indonesias policies cannot be justified under WTO legal framework, thoughthere are some exceptions to the quantitative restriction provision.

Repositioning Indonesia In The Changing Maritime Landscape Of The Indo-Pacific Region, Sukmawani Bela Pertiwi

Global: Jurnal Politik Internasional

Indo-Pacific has been among the most contested regions in the past decade. After China demonstrated its ambitious goal in reviving maritime silk road with its military and economic presence, United States, India, Japan, and Australia formed a new coalition to counter this strategy. This paper aims to examine the position of Indonesia as a traditional regional maritime power in the context of this changing maritime landscape of the Indo-Pacific region. In doing so, this paper develops the concept of “the three faces of maritime power” which distinguishes maritime power into hard, soft, and normative maritime power. The findings of this …

Latent Securitisation Of Illegal, Unreported And Unregulated (Iuu) Fishing In Indonesia, Rage Taufika

Global: Jurnal Politik Internasional

This paper aims to explore and explain to what extent and in what ways the Indonesian Government has securitised the Illegal, Unreported and Unregulated (IUU) fishing in Indonesia since 2009, by utilising critical discourse analysis. Using the Securitisation theory from the Copenhagen School, this paper explains the analysis of the speech act and extraordinary measures from SBY’s administration, Jokowi’s first term and second term administration. While IUU fishing has been a severe global issue, 30 percent of the cases take place in Indonesia and it becomes a serious threat for the economy and maritime resources. In 2009, Indonesia amended the …

Legal Certainty For Foreign Investors In Coal Mining In Indonesia, Rouli Anita Velentina Anita Velentina

Jurnal Hukum & Pembangunan

Since 2009, there have been significant regulatory changes in coal mining in Indonesia, beginning with the enactment of Law No.4 of 2009 concerning Mineral and Coal Mining, which replaced the prior system of contracts and mining authorizations (Kuasa Pertambangan; KP) with mining business permits (Ijin Usaha Pertambangan; IUP). There are two types of IUP: exploration and production operation. Then, the mechanism of Clean and Clear was created to reduce the large numbers of overlapping licenses. This article explores Indonesian regulatory changes and court rulings in coal mining and clarifies share divestment requirements for foreign investors in Indonesian coal-mining operations, which …

Corruption As A Violation Of The Right To Education In Indonesia: A Constructivist Approach, Ratna Juwita

Jurnal Hukum & Pembangunan

This paper analyzes the relationship between corruption and realization of human rights in a specific case, the realization of the right to education by utilizing human rights standards concerning the right to education as the parameter of human rights realization. An Indonesian case law about corruption of Bantuan Operasional Sekolah funds in Malang is selected as primary legal data in this paper to provide empirical evidence one of the cases of corruption in education sector. Norm entrepreneurship as part of contructivist theory is selected to explain the phenomenon of emerging scholarly studies and discussion about corruption as a violation of …

Perbandingan Pengaturan Mengenai Perlindungan Hukum Terhadap Invensi Di Bidang Teknologi Informasi Dan Komunikasi Antara Indonesia Dengan Jepang, Abdul Atsar

Jurnal Hukum & Pembangunan

This paper discusses the comparison between legal protection arrangements of invention in the field of Information and Communication Technology (ICT) in this case is software (software) especially patent. Japanese Patent Law explicitly regulates software (software) as a patentable subject. Whereas Law no. 28 Year 2014 on Copyright stipulates that the software can still be protected if Patent protection already exists from the country of origin. Using a comparative study of this paper can be one of the reference in legal protection to answer the rapid development of information and communication technology.

Analisis Tentang Sistem Peradilan Agama Di Indonesia, Domiri -

Jurnal Hukum & Pembangunan

Religious Court serves as the judicial system in Indonesia, in addition it is also a subsystem of the Indonesian judicial system. The Indonesian judicial system is composed of several subsystems, such as, Religious Court, Commercial Court, Military Court, and the Administrative Court. As a judicial system, the Religious Court has several sub-systems or component. Its components are: first, the law itself, which includes procedural and substantive law. Secondly, the apparatus of the court, including judges, clerks, and bailiffs. Each of these components has their own duty and function.. The law serves as the guideline for all the officials of the …