Pub Date : 2024-07-11DOI: 10.25041/fiatjustisia.v18no2.3399
S. Sahlan, Ilham Nurman, Abdul Karim Uddin, Andi Bustamin Daeng Kunu
The 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.
{"title":"Compulsory Licensing in Intellectual Property Rights (IPR): Current Application and Future Prospects in Indonesia","authors":"S. Sahlan, Ilham Nurman, Abdul Karim Uddin, Andi Bustamin Daeng Kunu","doi":"10.25041/fiatjustisia.v18no2.3399","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v18no2.3399","url":null,"abstract":"The 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.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141655826","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The 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.
{"title":"The Effectiveness of Legal Aid Standards for Suspects in the Indonesian Criminal Justice System in Achieving Access to Justice","authors":"Nurani Ajeng Tri Utami, Dwiki Oktobrian, Enny Dwi Cahyani, Gebi Emada Turnip, Fadia Rahma Safitri","doi":"10.25041/fiatjustisia.v18no2.3249","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v18no2.3249","url":null,"abstract":"The 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.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141673633","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-07-05DOI: 10.25041/fiatjustisia.v18no2.3204
Yulia Neta, B. Budiyono, A. Firmansyah, Malicia Evendia
The 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.
{"title":"The Establishment of Village Regulations in the Context of Village Democratization","authors":"Yulia Neta, B. Budiyono, A. Firmansyah, Malicia Evendia","doi":"10.25041/fiatjustisia.v18no2.3204","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v18no2.3204","url":null,"abstract":"The 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.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141676547","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-04-17DOI: 10.25041/fiatjustisia.v18no1.3240
I. Satriawan, Hanifa Erianto
There 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.
{"title":"Appointing Constitutional Court Justices with Statesman Qualification through Transparent Selection Mechanism","authors":"I. Satriawan, Hanifa Erianto","doi":"10.25041/fiatjustisia.v18no1.3240","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v18no1.3240","url":null,"abstract":"There 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.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140692998","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-04-17DOI: 10.25041/fiatjustisia.v18no1.3273
Ahmad Irzal Fardiansyah, Muhammad Farid, Ramadani Fitra Diansyah P
Corruption 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.
{"title":"Additional Legal Protection for Corruption Whistleblowers","authors":"Ahmad Irzal Fardiansyah, Muhammad Farid, Ramadani Fitra Diansyah P","doi":"10.25041/fiatjustisia.v18no1.3273","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v18no1.3273","url":null,"abstract":"Corruption 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.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140690418","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-20DOI: 10.25041/fiatjustisia.v17no4.3005
Obed Kongolo Kanowa
The criminal liability of legal persons under Congolese law is not dismissed in the ordinary way. It is organized in particular by certain legal texts such as Ordinance-Law No. 23-010 of March 13, 2023 on the Congolese digital code. Thus, this study tends to determine, within the framework of this new legal text, the moral persons likely to engage their penal responsibilities, the conditions of bringing into play of this responsibility, the offenses of which the latter can commit, and finally to discuss their repressive regime. In addition to this, as part of this study, we have taken care to make some recommendations or suggestions to the legislator in order to clarify certain obscure points that we have detected in the aforementioned legal text.
{"title":"Criminal Liability of Legal Entities Under Law Number 23/010 on the Congo Digital Code","authors":"Obed Kongolo Kanowa","doi":"10.25041/fiatjustisia.v17no4.3005","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v17no4.3005","url":null,"abstract":"The criminal liability of legal persons under Congolese law is not dismissed in the ordinary way. It is organized in particular by certain legal texts such as Ordinance-Law No. 23-010 of March 13, 2023 on the Congolese digital code. Thus, this study tends to determine, within the framework of this new legal text, the moral persons likely to engage their penal responsibilities, the conditions of bringing into play of this responsibility, the offenses of which the latter can commit, and finally to discuss their repressive regime. In addition to this, as part of this study, we have taken care to make some recommendations or suggestions to the legislator in order to clarify certain obscure points that we have detected in the aforementioned legal text.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138957424","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Bank’s as commercial service providers aim, among others, to generate profits. In terms of providing their services they make agreements with consumers. Therefore the basis of the bank's legal responsibility with customers is contractual responsibility and the legal basis for the customer's lawsuit against the bank is a violation of the agreement or default. A detailed distinction of responsibility is not found in the Consumer Protection Law, as is known from the relatively large number of decisions of the Consumer Dispute Settlement Body throughout Indonesia that were canceled by the Supreme Court for various reasons. In that regard, one of the reasons is that the Consumer Protection Law does not regulate the legal basis for lawsuits other than tort. This research uses a normative method that refers to Law Number 8 Year 1999 on Consumer Protection and principles as the basis for enforcing the law. The conceptual method is used by connecting and interpreting legal principles concerning consumer protection against unlawful acts on the principle of bank responsibility. The results of this research indicate that there is a need for a legal conception of the development of risk-based bank responsibility principles for losses due to standard agreements in opening banking accounts as a form of consumer protection. It is also an embodiment of the Consumer Protection Law which aims to create a balance of protection of consumer interests and business actors as an effort to create a healthy economy.
{"title":"Development of The Default Concept Against Losses Due to Standard Agreements for Opening Banking Accounts","authors":"Sepriyadi Adhan Sulaiman, Joni Emirzon, Hamzah Hamzah","doi":"10.25041/fiatjustisia.v17no4.3015","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v17no4.3015","url":null,"abstract":"Bank’s as commercial service providers aim, among others, to generate profits. In terms of providing their services they make agreements with consumers. Therefore the basis of the bank's legal responsibility with customers is contractual responsibility and the legal basis for the customer's lawsuit against the bank is a violation of the agreement or default. A detailed distinction of responsibility is not found in the Consumer Protection Law, as is known from the relatively large number of decisions of the Consumer Dispute Settlement Body throughout Indonesia that were canceled by the Supreme Court for various reasons. In that regard, one of the reasons is that the Consumer Protection Law does not regulate the legal basis for lawsuits other than tort. This research uses a normative method that refers to Law Number 8 Year 1999 on Consumer Protection and principles as the basis for enforcing the law. The conceptual method is used by connecting and interpreting legal principles concerning consumer protection against unlawful acts on the principle of bank responsibility. The results of this research indicate that there is a need for a legal conception of the development of risk-based bank responsibility principles for losses due to standard agreements in opening banking accounts as a form of consumer protection. It is also an embodiment of the Consumer Protection Law which aims to create a balance of protection of consumer interests and business actors as an effort to create a healthy economy.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138961638","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-18DOI: 10.25041/fiatjustisia.v17no4.3049
Muja'hidah Muja'hidah, A. S. Syamsuddin
The autonomy of a region is measured by its ability to generate and finance income without relying on the central government. The effective operation of the government necessitates a budget and different regions possess the authority to impose taxes in generating revenue. This is stipulated in Law Number 1 of 2022 pertaining to the Financial Relations Between the Central and Local Governments. In this Law, local governments are prohibited from levying new types of taxes. Furthermore, only the specified types can be selected and should be established in the form of local regulations (Perda). The selection requires that the tax objects exist and have sufficient potential to increase Local Revenue (PAD) and fiscal independence. Therefore, this study aimed to understand and analyze the meaning of regulating tax types for autonomous regions and to analyze the implications of inadequacy on fiscal independence. Normative-juridical research type is used with legislation, conceptual, and historical approaches. The result shows that the implication of inadequate tax types to be collected can weaken fiscal decentration. This is because the inadequate tax object does not make a significant contribution to increasing PAD. Therefore, a study in the form of a feasibility study is needed to map the potential of local taxes before stipulating the type in the regulation.
衡量一个地区的自治程度的标准是其在不依赖中央政府的情况下创收和融资的能力。政府的有效运作需要预算，不同地区有权征税创收。2022 年第 1 号法律《中央与地方政府财政关系法》对此做出了规定。该法禁止地方政府征收新税种。此外，只能选择规定的税种，并以地方法规（Perda）的形式确定。选择税种的要求是，税收对象必须存在，并且有足够的潜力增加地方收入（PAD）和财政独立性。因此，本研究旨在了解和分析自治区规范税种的意义，并分析其不足对财政独立的影响。本研究采用了规范-法学研究类型，并采用了立法、概念和历史研究方法。研究结果表明，征收税种不足的影响会削弱财政分权。这是因为不适当的征税对象对增加 PAD 的贡献不大。因此，在法规中规定税种之前，需要以可行性研究的形式对地方税的潜力进行摸底。
{"title":"Impact of Regulating Inadequate Local Tax Types on Fiscal Independence","authors":"Muja'hidah Muja'hidah, A. S. Syamsuddin","doi":"10.25041/fiatjustisia.v17no4.3049","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v17no4.3049","url":null,"abstract":"The autonomy of a region is measured by its ability to generate and finance income without relying on the central government. The effective operation of the government necessitates a budget and different regions possess the authority to impose taxes in generating revenue. This is stipulated in Law Number 1 of 2022 pertaining to the Financial Relations Between the Central and Local Governments. In this Law, local governments are prohibited from levying new types of taxes. Furthermore, only the specified types can be selected and should be established in the form of local regulations (Perda). The selection requires that the tax objects exist and have sufficient potential to increase Local Revenue (PAD) and fiscal independence. Therefore, this study aimed to understand and analyze the meaning of regulating tax types for autonomous regions and to analyze the implications of inadequacy on fiscal independence. Normative-juridical research type is used with legislation, conceptual, and historical approaches. The result shows that the implication of inadequate tax types to be collected can weaken fiscal decentration. This is because the inadequate tax object does not make a significant contribution to increasing PAD. Therefore, a study in the form of a feasibility study is needed to map the potential of local taxes before stipulating the type in the regulation.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138963548","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-15DOI: 10.25041/fiatjustisia.v17no4.3229
Rinaldy Amrullah, Nurul Riskia Safitri Sihite
The use of sniffer dogs (K9) to assist the police in carrying out their duties in collecting evidence of narcotics crimes where investigators are allowed to use all means by applicable laws and regulations in assisting their duties in disclosing a criminal offense. This research uses normative and empirical juridical approaches. The results of research and discussion conclude that the Role of Investigators in Collecting Evidence Using Tracking Dogs (K9) includes normative, ideal, and factual roles. Factors inhibiting investigators from carrying out their role in collecting evidence using sniffer dogs (K9) are regulations regarding the use of sniffer dogs (K9), which are only limited to the Decree of the National Police Chief No. Pol: SKEP/251/IV/2004 and No.Pol: SKEP17/X/2011. There should be a legal basis that regulates the validity or use of the Law Law. In this case, the law enforcement apparatus factor is the lack of police officers who serve as dog handlers or K9s at Polda Lampung, and the infrastructure factor is still less than optimal health management of animal units, namely sniffer dogs (K9).
{"title":"The Role of Investigators in Collecting Evidence Using Sniffer Dogs (K9) Against Narcotics Crimes","authors":"Rinaldy Amrullah, Nurul Riskia Safitri Sihite","doi":"10.25041/fiatjustisia.v17no4.3229","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v17no4.3229","url":null,"abstract":"The use of sniffer dogs (K9) to assist the police in carrying out their duties in collecting evidence of narcotics crimes where investigators are allowed to use all means by applicable laws and regulations in assisting their duties in disclosing a criminal offense. This research uses normative and empirical juridical approaches. The results of research and discussion conclude that the Role of Investigators in Collecting Evidence Using Tracking Dogs (K9) includes normative, ideal, and factual roles. Factors inhibiting investigators from carrying out their role in collecting evidence using sniffer dogs (K9) are regulations regarding the use of sniffer dogs (K9), which are only limited to the Decree of the National Police Chief No. Pol: SKEP/251/IV/2004 and No.Pol: SKEP17/X/2011. There should be a legal basis that regulates the validity or use of the Law Law. In this case, the law enforcement apparatus factor is the lack of police officers who serve as dog handlers or K9s at Polda Lampung, and the infrastructure factor is still less than optimal health management of animal units, namely sniffer dogs (K9).","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138997213","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-11DOI: 10.25041/fiatjustisia.v17no4.2996
Indrajaya Indrajaya, Mulyadi Tanzili
The 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.
{"title":"Update on the Law Regarding the Control of Minimarket to Protect Small Retailers","authors":"Indrajaya Indrajaya, Mulyadi Tanzili","doi":"10.25041/fiatjustisia.v17no4.2996","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v17no4.2996","url":null,"abstract":"The 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.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138979841","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：