Pub Date : 2023-12-04DOI: 10.25041/fiatjustisia.v17no4.3205
D. Setiabudhi, I. Irwansyah, A. Yunus
Animal welfare has important aspects in measuring the effect on animals in different situations and environments from an animal’s point of view. Ignoring animal welfare, both livestock and slaughter animals will lead to fear, stress and pain in animals during the process of slaughtering, transporting, marketing and supplying poor feed and water. The type of research is socio-juridical, carried out in North Sulawesi Province with the practice of slaughtering animals which was considered sadistic and received international criticism. The results show that the efforts to protect animals in order to realize animal welfare can be carried out by establishing laws and regulations. Specifically, regulate animal protection so that disharmony does not occur with the substance of the law, multiple interpretations. Animals, in this sense, are subjects for the spread of disease, rather than as objects for contracting the disease, especially from humans. In Indonesia, factors that cause weaknesses in animal protection are sanctions applied, the lack of knowledge and understanding of law enforcement officials.
{"title":"Internalization of Animal Welfare Norms: Legal Protection Against Animal Mistreatment","authors":"D. Setiabudhi, I. Irwansyah, A. Yunus","doi":"10.25041/fiatjustisia.v17no4.3205","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v17no4.3205","url":null,"abstract":"Animal welfare has important aspects in measuring the effect on animals in different situations and environments from an animal’s point of view. Ignoring animal welfare, both livestock and slaughter animals will lead to fear, stress and pain in animals during the process of slaughtering, transporting, marketing and supplying poor feed and water. The type of research is socio-juridical, carried out in North Sulawesi Province with the practice of slaughtering animals which was considered sadistic and received international criticism. The results show that the efforts to protect animals in order to realize animal welfare can be carried out by establishing laws and regulations. Specifically, regulate animal protection so that disharmony does not occur with the substance of the law, multiple interpretations. Animals, in this sense, are subjects for the spread of disease, rather than as objects for contracting the disease, especially from humans. In Indonesia, factors that cause weaknesses in animal protection are sanctions applied, the lack of knowledge and understanding of law enforcement officials.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":"22 18","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138601813","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 : 2023-11-29DOI: 10.25041/fiatjustisia.v17no3.3175
E. Fakhriah, A. Afriana
In principle, the settlement of business disputes in Indonesia can be done amicably either through the court or outside the court. The court proceeding usually takes a long time, impacting overall case costs in comparison to dispute settlement outside the court. Arbitration as an alternative dispute resolution offers advantages compared to mediation, conciliation, and negotiation as it has an identical adjudicative nature to court proceedings. Therefore, arbitration is the preferred method for settling business disputes due to its perceived effectiveness and efficiency, resulting in win-win solutions. In addition, within the Indonesian legal framework, arbitration closely parallels court proceedings for dispute resolution, and its decisions carry the same level of binding authority and enforceability. This article relies on secondary data analyzed using a qualitative-juridical method to examine the jurisdiction of district court and arbitration. The findings reveal that arbitration has absolute jurisdiction when there exists an arbitration clause or an underlying arbitration agreement, thereby excluding the jurisdiction of the district court.
{"title":"Cross border of Jurisdiction between Arbitration and District Court in Business Dispute Settlement under the Indonesian Legal System","authors":"E. Fakhriah, A. Afriana","doi":"10.25041/fiatjustisia.v17no3.3175","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v17no3.3175","url":null,"abstract":"In principle, the settlement of business disputes in Indonesia can be done amicably either through the court or outside the court. The court proceeding usually takes a long time, impacting overall case costs in comparison to dispute settlement outside the court. Arbitration as an alternative dispute resolution offers advantages compared to mediation, conciliation, and negotiation as it has an identical adjudicative nature to court proceedings. Therefore, arbitration is the preferred method for settling business disputes due to its perceived effectiveness and efficiency, resulting in win-win solutions. In addition, within the Indonesian legal framework, arbitration closely parallels court proceedings for dispute resolution, and its decisions carry the same level of binding authority and enforceability. This article relies on secondary data analyzed using a qualitative-juridical method to examine the jurisdiction of district court and arbitration. The findings reveal that arbitration has absolute jurisdiction when there exists an arbitration clause or an underlying arbitration agreement, thereby excluding the jurisdiction of the district court.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":"184 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139212681","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 : 2023-05-03DOI: 10.25041/fiatjustisia.v17no2.2774
A. O. Abdulkadir, Saheedat Owolabi Lawal
Maintaining and managing a seized ship is an important aspect of the Maritime Industry globally. In countries like the United States, measures have been put in place to ensure that when ships are seized in lieu of a maritime proceeding, such ships are adequately managed and maintained for that period. In contrast, when a ship is seized in Nigeria, there is little to no guarantee that the vessel will be maintained efficiently by the body responsible for its management. It is therefore essential to investigate the reason for such lack of guarantee and how it can be solved to improve the state of affairs in the country’s maritime sector. This research adopted a doctrinal method of research through analysis of statutory provisions as well as cases to use the power of reasoning to collect data from the use of Law textbooks, articles in journals, and various online resources. This paper aims to is to discuss the instances where states can seize ships, the procedure of arrest in Nigeria, forfeiture of ships and make a comparison to the procedure adopted in the Maritime Sector of the U.S, the challenges faced by the Nigerian Maritime Sector and recommendations on how ships can be better maintained through the establishment of Maritime or Admiralty Court and the posting of a bond by the owner of a seized ship for its release pending the determination of the maritime proceedings in court as practice in the US.
{"title":"Symphony and Maintenance of Seized Ships: Experimenting U.S Maritime Court’s Practice in Nigeria","authors":"A. O. Abdulkadir, Saheedat Owolabi Lawal","doi":"10.25041/fiatjustisia.v17no2.2774","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v17no2.2774","url":null,"abstract":"Maintaining and managing a seized ship is an important aspect of the Maritime Industry globally. In countries like the United States, measures have been put in place to ensure that when ships are seized in lieu of a maritime proceeding, such ships are adequately managed and maintained for that period. In contrast, when a ship is seized in Nigeria, there is little to no guarantee that the vessel will be maintained efficiently by the body responsible for its management. It is therefore essential to investigate the reason for such lack of guarantee and how it can be solved to improve the state of affairs in the country’s maritime sector. This research adopted a doctrinal method of research through analysis of statutory provisions as well as cases to use the power of reasoning to collect data from the use of Law textbooks, articles in journals, and various online resources. This paper aims to is to discuss the instances where states can seize ships, the procedure of arrest in Nigeria, forfeiture of ships and make a comparison to the procedure adopted in the Maritime Sector of the U.S, the challenges faced by the Nigerian Maritime Sector and recommendations on how ships can be better maintained through the establishment of Maritime or Admiralty Court and the posting of a bond by the owner of a seized ship for its release pending the determination of the maritime proceedings in court as practice in the US.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124495914","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 : 2023-05-02DOI: 10.25041/fiatjustisia.v17no2.2599
N. T. Anh
In the framework of the post-Covid-19 pandemic, Europe is facing two problems in terms of migrant workers: a shortage of agricultural production workers in some countries and the "coercive acceptance" of undocumented migrant workers. Most EU countries are in a state of economic recovery after the pandemic, so production activities need to be restored at a reasonable cost. However, the aging population in some European countries is forcing governments to hire foreign workers at high costs. To balance the needs in the economic calculation, irregular migrant workers are considered a suitable temporary solution. Besides, reopening diplomatic programs with strategic partner countries is extremely urgent. Therefore, the question of reducing illegal migration without building an iron wall in diplomacy is remarkable. In this context, the author based on the analysis of EU policy for migrant workers and based on the case of Spain and the methodology applied to answer research questions will be based on comparison qualitative research. I focus on analyzing the concept between illegal and irregular migration from the perspective of human rights law and humanitarian factors. In addition, there are aspects of migrant workers in some EU legal documents to protect the rights of migrant workers and their families.
{"title":"Legal Studies on EU Policies: Why Labour Migration Status as a Binary","authors":"N. T. Anh","doi":"10.25041/fiatjustisia.v17no2.2599","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v17no2.2599","url":null,"abstract":"\u0000\u0000\u0000In the framework of the post-Covid-19 pandemic, Europe is facing two problems in terms of migrant workers: a shortage of agricultural production workers in some countries and the \"coercive acceptance\" of undocumented migrant workers. Most EU countries are in a state of economic recovery after the pandemic, so production activities need to be restored at a reasonable cost. However, the aging population in some European countries is forcing governments to hire foreign workers at high costs. To balance the needs in the economic calculation, irregular migrant workers are considered a suitable temporary solution. Besides, reopening diplomatic programs with strategic partner countries is extremely urgent. Therefore, the question of reducing illegal migration without building an iron wall in diplomacy is remarkable. In this context, the author based on the analysis of EU policy for migrant workers and based on the case of Spain and the methodology applied to answer research questions will be based on comparison qualitative research. I focus on analyzing the concept between illegal and irregular migration from the perspective of human rights law and humanitarian factors. In addition, there are aspects of migrant workers in some EU legal documents to protect the rights of migrant workers and their families.\u0000\u0000\u0000","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126205530","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 : 2023-04-12DOI: 10.25041/fiatjustisia.v17no2.2849
This study analyzes related to Islamic Financial Institutions (LKS). Which currently exists and is growing quite rapidly. There have been numerous variations of LKS throughout Indonesia, including Islamic institutions. LKS is a financial institution that operates following Sharia law. LKS, a financial institution with Sharia principles, was originally present as an option and a solution for Muslims who want to avoid the practice of conventional banks or financial institutions. LKS was originally offered as a sharia-compliant financial organization for Muslims who want to escape the practice of banks or traditional financial institutions that use the interest system, but they can also be a choice for non-Muslims. Therefore, there are problems why the application of Sharia principles by LKS is an urgent problem and what are the conditions for applying Sharia principles by LKS. The research method used is normative legal research with a case approach. The study results indicate that the LKS organizer is expected to have a vision in which the LKS remains in the principles of Sharia.
{"title":"Application of Sharia Principles in Sharia Financial Institutions","authors":"","doi":"10.25041/fiatjustisia.v17no2.2849","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v17no2.2849","url":null,"abstract":"This study analyzes related to Islamic Financial Institutions (LKS). Which currently exists and is growing quite rapidly. There have been numerous variations of LKS throughout Indonesia, including Islamic institutions. LKS is a financial institution that operates following Sharia law. LKS, a financial institution with Sharia principles, was originally present as an option and a solution for Muslims who want to avoid the practice of conventional banks or financial institutions. LKS was originally offered as a sharia-compliant financial organization for Muslims who want to escape the practice of banks or traditional financial institutions that use the interest system, but they can also be a choice for non-Muslims. Therefore, there are problems why the application of Sharia principles by LKS is an urgent problem and what are the conditions for applying Sharia principles by LKS. The research method used is normative legal research with a case approach. The study results indicate that the LKS organizer is expected to have a vision in which the LKS remains in the principles of Sharia.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122983061","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 : 2023-04-12DOI: 10.25041/fiatjustisia.v17no2.2708
Yenny Febrianty, Joko Sriwidodo, Priyaldi Priyaldi
Local governments structure legislation into a policy rule regarding the protection of local wisdom that must be carried out due to globalization. Globalization is something that cannot be avoided. Its influence can become a problem or negatively impact fading cultural identity if the community wrongly addresses it. This is different if the community and local government can respond positively to globalization because this can increase the community's cultural identity. This paper focuses on the study of how local government policies maintain cultural traditions as a pearl of local wisdom? and what is the paradigm of the local government in establishing regional regulations regarding the protection of local wisdom. The approach method utilized is a socio-legal or socio-juridical approach. This research was carried out in the city of Pariaman, West Sumatra. The research data, both primary and secondary data, were analyzed qualitatively. Based on the research results, the concrete paradigm of the Regional Government in protecting the values of local wisdom is a regional legislation on safeguarding indigenous culture as a Pariaman community's local wisdom. It can be interpreted that the Regional Regulation is a concrete agreement towards the ideal concept of protecting local wisdom in the Pariaman community. The ideal concept seen from the substantive values of protecting Local wisdom's worth in the Pariaman community must be founded on sociological, philosophical, and legal considerations. These three factors prioritize or rank the values within this local wisdom.
{"title":"Regional Government Paradigm on Establishing Regional Regulations in the Protection of Local Wisdom","authors":"Yenny Febrianty, Joko Sriwidodo, Priyaldi Priyaldi","doi":"10.25041/fiatjustisia.v17no2.2708","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v17no2.2708","url":null,"abstract":"Local governments structure legislation into a policy rule regarding the protection of local wisdom that must be carried out due to globalization. Globalization is something that cannot be avoided. Its influence can become a problem or negatively impact fading cultural identity if the community wrongly addresses it. This is different if the community and local government can respond positively to globalization because this can increase the community's cultural identity. This paper focuses on the study of how local government policies maintain cultural traditions as a pearl of local wisdom? and what is the paradigm of the local government in establishing regional regulations regarding the protection of local wisdom. The approach method utilized is a socio-legal or socio-juridical approach. This research was carried out in the city of Pariaman, West Sumatra. The research data, both primary and secondary data, were analyzed qualitatively. Based on the research results, the concrete paradigm of the Regional Government in protecting the values of local wisdom is a regional legislation on safeguarding indigenous culture as a Pariaman community's local wisdom. It can be interpreted that the Regional Regulation is a concrete agreement towards the ideal concept of protecting local wisdom in the Pariaman community. The ideal concept seen from the substantive values of protecting Local wisdom's worth in the Pariaman community must be founded on sociological, philosophical, and legal considerations. These three factors prioritize or rank the values within this local wisdom.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115914354","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 : 2023-04-11DOI: 10.25041/fiatjustisia.v17no2.2896
H. M. Polontoh
The research aimed to analyze the implementation of the principle of transparency by the National Land Agency to access cultivation rights title documents in the plantation sector. It is empirical legal research. It was conducted at the Office of the National Land Agency of Gorontalo district, Gorontalo province, Indonesia. The results show that the principle of transparency of cultivation right title by the National Land Agency had yet to be implemented as instructed by the judge in the Decision of Supreme Court No. 121 K/TUN/2017. It is caused by the consideration of the National Land Agency that the document of right cultivation title is included in an undisclosed document; hence, if it is public, it violates the company's privacy provisions and applicable regulations. The implementation of the principle of transparency by the National Land Agency to access cultivation right title documents in the plantation sector have yet to be effective because it is influenced by the attitude of professionalism of the National Land Agency, which exercises its duties as applicable regulations.
{"title":"Transparency in Plantation Sector: Access of Cultivation Rights Title Document","authors":"H. M. Polontoh","doi":"10.25041/fiatjustisia.v17no2.2896","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v17no2.2896","url":null,"abstract":"The research aimed to analyze the implementation of the principle of transparency by the National Land Agency to access cultivation rights title documents in the plantation sector. It is empirical legal research. It was conducted at the Office of the National Land Agency of Gorontalo district, Gorontalo province, Indonesia. The results show that the principle of transparency of cultivation right title by the National Land Agency had yet to be implemented as instructed by the judge in the Decision of Supreme Court No. 121 K/TUN/2017. It is caused by the consideration of the National Land Agency that the document of right cultivation title is included in an undisclosed document; hence, if it is public, it violates the company's privacy provisions and applicable regulations. The implementation of the principle of transparency by the National Land Agency to access cultivation right title documents in the plantation sector have yet to be effective because it is influenced by the attitude of professionalism of the National Land Agency, which exercises its duties as applicable regulations.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126621356","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 : 2023-04-11DOI: 10.25041/fiatjustisia.v17no2.2909
Placing the National Guidelines of State Policy (GBHN or PPHN) made by the People's Consultative Assembly (MPR) as a guideline for the President can potentially reposition MPR above the President. Such an idea of a state has been implemented in Indonesia for no less than 54 years (1945-1999). This paper aims to analyze the basic characteristics of the presidential system and assess the compatibility of PPHN with the presidential system, with the novelty which then offers a model for pouring PPHN into laws and regulations that align with Indonesia's presidential system. Based on the conceptual and theoretical approaches, it can be concluded: First, the basic character of a presidential system is to separate the legislature from the executive, so no accountability mechanism puts the President down as subordinate to the legislature. PPHN implementation can shift this separation towards an accountability model, a feature of a parliamentary system. Second, PPHN can be re-enforced in a presidential system, with the prerequisite that no accountability mechanism puts the President under MPR. Third, pouring PPHN into the form of a Law replacing the RPJPN Law will be more relevant to avoid a government system shifting. However, providing a checks and balances mechanism for the President through the House of Representatives' budgetary rights is still necessary.
{"title":"Reinstatement of National Guidelines of State Policy Within Indonesian Presidential System: The Possibility","authors":"","doi":"10.25041/fiatjustisia.v17no2.2909","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v17no2.2909","url":null,"abstract":"Placing the National Guidelines of State Policy (GBHN or PPHN) made by the People's Consultative Assembly (MPR) as a guideline for the President can potentially reposition MPR above the President. Such an idea of a state has been implemented in Indonesia for no less than 54 years (1945-1999). This paper aims to analyze the basic characteristics of the presidential system and assess the compatibility of PPHN with the presidential system, with the novelty which then offers a model for pouring PPHN into laws and regulations that align with Indonesia's presidential system. Based on the conceptual and theoretical approaches, it can be concluded: First, the basic character of a presidential system is to separate the legislature from the executive, so no accountability mechanism puts the President down as subordinate to the legislature. PPHN implementation can shift this separation towards an accountability model, a feature of a parliamentary system. Second, PPHN can be re-enforced in a presidential system, with the prerequisite that no accountability mechanism puts the President under MPR. Third, pouring PPHN into the form of a Law replacing the RPJPN Law will be more relevant to avoid a government system shifting. However, providing a checks and balances mechanism for the President through the House of Representatives' budgetary rights is still necessary.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128404458","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 : 2023-03-31DOI: 10.25041/fiatjustisia.v17no2.2859
Indonesia has Law Number 26 of 2000 concerning the Human Rights Court or the Law on Human Rights Courts, similar to the Rome Statute. However, this law does not regulate war crimes, while the Rome Statute specifically regulates war crimes. Meanwhile, the perpetrators of war crimes must be tried at any time because those crimes do not know the expiration date. Meanwhile, the perpetrators of war crimes must be tried at any time because those crimes do not know the expiration date. It is the background of this research that the problem will be discussed: How are war crimes provisions in humanitarian law and international criminal law? Why do war crimes need to be regulated in Indonesian criminal law? This type of research is normative juridical research with a statute approach through qualitative descriptive analysis. The results of this study show that the regulation of war crimes is governed by humanitarian law and international criminal law. In humanitarian law, war crimes are regulated in the 1907 Hague Convention, the 1949 Geneva Convention, The Declaration on the Protection of Women and Children in Emergency 1974, and Additional Protocol II Geneva Convention 1977. Meanwhile, international criminal law regulates the responsibility of war crime perpetrators in the IMT Charter 1945, IMTFE Charter 1946, the 1993 ICTY Statute, the 1994 ICTR Statute, and the 1998 Rome Statute. The urgency of regulating war crimes in Indonesian law is due to four aspects: 1) Indonesia has ratified the 1949 Geneva Convention. 2) No regulations in Indonesia regulate war crimes, even in the 2023 Criminal Code. 3) Indonesia is part of the international community. 4) Law enforcement armed conflict cases in Indonesia is unresolved.
{"title":"War Crimes In Humanitarian Law And International Criminal Law: The Urgency Of War Crimes Regulation In Indonesian Criminal Law","authors":"","doi":"10.25041/fiatjustisia.v17no2.2859","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v17no2.2859","url":null,"abstract":"Indonesia has Law Number 26 of 2000 concerning the Human Rights Court or the Law on Human Rights Courts, similar to the Rome Statute. However, this law does not regulate war crimes, while the Rome Statute specifically regulates war crimes. Meanwhile, the perpetrators of war crimes must be tried at any time because those crimes do not know the expiration date. Meanwhile, the perpetrators of war crimes must be tried at any time because those crimes do not know the expiration date. It is the background of this research that the problem will be discussed: How are war crimes provisions in humanitarian law and international criminal law? Why do war crimes need to be regulated in Indonesian criminal law? This type of research is normative juridical research with a statute approach through qualitative descriptive analysis. The results of this study show that the regulation of war crimes is governed by humanitarian law and international criminal law. In humanitarian law, war crimes are regulated in the 1907 Hague Convention, the 1949 Geneva Convention, The Declaration on the Protection of Women and Children in Emergency 1974, and Additional Protocol II Geneva Convention 1977. Meanwhile, international criminal law regulates the responsibility of war crime perpetrators in the IMT Charter 1945, IMTFE Charter 1946, the 1993 ICTY Statute, the 1994 ICTR Statute, and the 1998 Rome Statute. The urgency of regulating war crimes in Indonesian law is due to four aspects: 1) Indonesia has ratified the 1949 Geneva Convention. 2) No regulations in Indonesia regulate war crimes, even in the 2023 Criminal Code. 3) Indonesia is part of the international community. 4) Law enforcement armed conflict cases in Indonesia is unresolved.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126529398","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 : 2023-03-29DOI: 10.25041/fiatjustisia.v17no1.2851
Lathifah Munawaroh, A. Munif, A. Rofiq
The Regulation of the Minister of Interior Affairs of the Republic of Indonesia No. 9 of 2016 concerning the Acceleration of Coverage of Birth Certificate Ownership, in article 4 numbers 2 and 3, allows birth certificate applicants who cannot meet the requirements in the form of a marriage certificate, to get a solution still recorded in the family card by attaching the statement of absolute responsibility, called SPTJM, truth as husband and wife with the editorial status written in the family card "unregistered marriage." A breakthrough that invites controversial experts. On the one hand, contrary to Marriage Law No. 1 of 1974, on the other hand, the government wants to guarantee the right of every citizen to be registered so that administration is orderly. Through a qualitative method with a normative juridical approach, this study shows that the registration of marriages on the marriage certificate and family card aligns with the concept of maqāṣid sharī'ah. This recording also aligns with the principles of sadd al-ḍarī'ah, qiyās, and maslahah mursalah. Meanwhile, the apparent disharmony between marriage registration regulations and population administration records is also in line with the provisions of Islamic law. However, the Population Administration Registration Regulations make registering Sirri marriages a database to be followed up with mass marriage isbāt. The last door to register and legalize the marriage contract.
{"title":"Disharmony of Sirri Marriage Registration Regulation on the Family Card (Analyzing The Ministry of Interior Affairs’ Regulation No. 9/2016)","authors":"Lathifah Munawaroh, A. Munif, A. Rofiq","doi":"10.25041/fiatjustisia.v17no1.2851","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v17no1.2851","url":null,"abstract":"The Regulation of the Minister of Interior Affairs of the Republic of Indonesia No. 9 of 2016 concerning the Acceleration of Coverage of Birth Certificate Ownership, in article 4 numbers 2 and 3, allows birth certificate applicants who cannot meet the requirements in the form of a marriage certificate, to get a solution still recorded in the family card by attaching the statement of absolute responsibility, called SPTJM, truth as husband and wife with the editorial status written in the family card \"unregistered marriage.\" A breakthrough that invites controversial experts. On the one hand, contrary to Marriage Law No. 1 of 1974, on the other hand, the government wants to guarantee the right of every citizen to be registered so that administration is orderly. Through a qualitative method with a normative juridical approach, this study shows that the registration of marriages on the marriage certificate and family card aligns with the concept of maqāṣid sharī'ah. This recording also aligns with the principles of sadd al-ḍarī'ah, qiyās, and maslahah mursalah. Meanwhile, the apparent disharmony between marriage registration regulations and population administration records is also in line with the provisions of Islamic law. However, the Population Administration Registration Regulations make registering Sirri marriages a database to be followed up with mass marriage isbāt. The last door to register and legalize the marriage contract.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":"48 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132737660","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}
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