Pub Date : 2023-03-28DOI: 10.25041/fiatjustisia.v17no1.2508
M. Yunus
Legal harmonization is a fundamental notion of comparative law that has been on the international and national agendas for the last decade. Harmonization, which derives from the word “harmony,” has a variety of meanings, one of which, in the perspective of the discussion of this topic, is the readiness and the openness to recognize, acknowledge, adopt, or accept anything produced, practiced by or originating from man-made laws, modern secular traditions, customs and usages, cultures, societies, systems or institutions which is considered to be in “harmony” with or not opposed to the worldview, principles, values, teachings, and norms of Islam. Thus, the conceptualizing approach of harmonization of legal knowledge and education is a process of actualizing the divine imperatives in the legal arena. In Malaysia, several endeavors have sought the similarity between legal rules from different jurisdictions; however, their achievements remain contested since there is no comprehensive understanding of the nature and extent of harmonization. Thus, this article examines different facets of harmonization by considering it a legal phenomenon instead of a distinct process of drafting similar rules. Adopting a comprehensive understanding of harmonization as a legal phenomenon may help better assess the strengths of the implementation processes and formulate adequate new legal endeavors.
{"title":"Conceptualizing Legal Harmonization Approach In Malaysia","authors":"M. Yunus","doi":"10.25041/fiatjustisia.v17no1.2508","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v17no1.2508","url":null,"abstract":"Legal harmonization is a fundamental notion of comparative law that has been on the international and national agendas for the last decade. Harmonization, which derives from the word “harmony,” has a variety of meanings, one of which, in the perspective of the discussion of this topic, is the readiness and the openness to recognize, acknowledge, adopt, or accept anything produced, practiced by or originating from man-made laws, modern secular traditions, customs and usages, cultures, societies, systems or institutions which is considered to be in “harmony” with or not opposed to the worldview, principles, values, teachings, and norms of Islam. Thus, the conceptualizing approach of harmonization of legal knowledge and education is a process of actualizing the divine imperatives in the legal arena. In Malaysia, several endeavors have sought the similarity between legal rules from different jurisdictions; however, their achievements remain contested since there is no comprehensive understanding of the nature and extent of harmonization. Thus, this article examines different facets of harmonization by considering it a legal phenomenon instead of a distinct process of drafting similar rules. Adopting a comprehensive understanding of harmonization as a legal phenomenon may help better assess the strengths of the implementation processes and formulate adequate new legal endeavors.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123677159","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}
Handling election violations abroad is one of the determinants of the quality of elections in Indonesia. With the rise of cases that occurred abroad during the 2019 general election, it is hoped that this will be a lesson to make an ideal design for handling election violations abroad in 2024. This research is executed differently from existing or previous research, for Example “The novelty of this research will make a significant contribution to determining the means, size, and function of the parliamentary threshold in the legislative election.” The conclusions of the research show that first, the urgency of handling election violations abroad to create order and peace, protect constitutional rights and uphold justice. Second, to realize the ideal design for handling election violations abroad in 2024, it is carried out increasing the number of members of the Overseas General Elections Supervisory committee from 3 to 5 people, making changes to Article 112 letter c, Article 507 of the Election Law, Article 13 paragraph (4) of the Regulation of General Elections Supervisory Agency Number 7 of 2018 and Article 60 paragraph (1) of the Regulation of General Elections Supervisory Agency Number 8 of 2018, and changing the paradigm of law enforcement from compliance level to internalization of legal Compliance in the 2024 elections.
{"title":"Redesigning: Handling Of Indonesian Election Violations Abroad To Realizing Quality 2024 Elections","authors":"AndiIntan Purnamasari, Sulbadana Sulbadana, Supriyadi Supriyadi, Aminuddin Kasim","doi":"10.25041/fiatjustisia.v17no1.2637","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v17no1.2637","url":null,"abstract":"Handling election violations abroad is one of the determinants of the quality of elections in Indonesia. With the rise of cases that occurred abroad during the 2019 general election, it is hoped that this will be a lesson to make an ideal design for handling election violations abroad in 2024. This research is executed differently from existing or previous research, for Example “The novelty of this research will make a significant contribution to determining the means, size, and function of the parliamentary threshold in the legislative election.” The conclusions of the research show that first, the urgency of handling election violations abroad to create order and peace, protect constitutional rights and uphold justice. Second, to realize the ideal design for handling election violations abroad in 2024, it is carried out increasing the number of members of the Overseas General Elections Supervisory committee from 3 to 5 people, making changes to Article 112 letter c, Article 507 of the Election Law, Article 13 paragraph (4) of the Regulation of General Elections Supervisory Agency Number 7 of 2018 and Article 60 paragraph (1) of the Regulation of General Elections Supervisory Agency Number 8 of 2018, and changing the paradigm of law enforcement from compliance level to internalization of legal Compliance in the 2024 elections.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122488827","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 : 2023-03-28DOI: 10.25041/fiatjustisia.v17no1.2724
Yordan Gunawan, Andi Pramudya Syamsu
In response to reports that seafarers on fishing boats in different parts of the world were being forced to work, the International Labor Organization (ILO) created and adopted ILO Convention No. 188 of 2007. It sets rules for dangerous work in the large fishing industry. It also covers the protection of crew on fishing vessels from exploitation and injury while doing work. Protection of crew on fishing vessels is essential due to acts of violence against Indonesian workers on fishing vessels owned by China and Taiwan that resulted in many Indonesian workers losing their lives. The purpose of the research is to find out the role of the ILO and the Government of Indonesia as the country of origin of crew fishing vessels in solving the problem of violence against crew fishing vessels. The study uses qualitative research methods by collecting information from relevant sources such as conventions, journals, legal texts, and other works related to the main research topic. While Indonesia has a law on the protection of migrant workers and has adopted the ILO Convention 111 concerning Discrimination in Respect of Employment and Occupation, neither are sufficient to address the issue. Thus, the role of the ILO is urgently needed to work hand-in-hand with all countries in the world to deal with this problem globally and encourage member states to ratify ILO Convention 188 especially Indonesia, since Indonesia is the biggest archipelagic country where most of the people are fishermen and crew on fishing vessels belonging to other countries.
{"title":"The Role of the ILO in Resolving Violence Against Indonesian Crew on Fishing Vessels","authors":"Yordan Gunawan, Andi Pramudya Syamsu","doi":"10.25041/fiatjustisia.v17no1.2724","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v17no1.2724","url":null,"abstract":"In response to reports that seafarers on fishing boats in different parts of the world were being forced to work, the International Labor Organization (ILO) created and adopted ILO Convention No. 188 of 2007. It sets rules for dangerous work in the large fishing industry. It also covers the protection of crew on fishing vessels from exploitation and injury while doing work. Protection of crew on fishing vessels is essential due to acts of violence against Indonesian workers on fishing vessels owned by China and Taiwan that resulted in many Indonesian workers losing their lives. The purpose of the research is to find out the role of the ILO and the Government of Indonesia as the country of origin of crew fishing vessels in solving the problem of violence against crew fishing vessels. The study uses qualitative research methods by collecting information from relevant sources such as conventions, journals, legal texts, and other works related to the main research topic. While Indonesia has a law on the protection of migrant workers and has adopted the ILO Convention 111 concerning Discrimination in Respect of Employment and Occupation, neither are sufficient to address the issue. Thus, the role of the ILO is urgently needed to work hand-in-hand with all countries in the world to deal with this problem globally and encourage member states to ratify ILO Convention 188 especially Indonesia, since Indonesia is the biggest archipelagic country where most of the people are fishermen and crew on fishing vessels belonging to other countries.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134520253","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 : 2023-03-28DOI: 10.25041/fiatjustisia.v17no1.2667
Manjula Raghav, Sanjana Sharma Marwaha
Right to privacy is nowhere cited in the Constitution of India in any specific and express words. However, this right is culled from Article 21 read with Directive Principle of State Policy by the judiciary. It is to be noted that like other fundamental rights, right to privacy is not an absolute right. Privacy is not just confined to some specific place or domain. But recent developments in technology and internet usage has rapidly exposed privacy to potential threats. On the one hand, technology has provided endless possibility to human beings of development but on the other hand, it has posed numerous challenges in front of us. Unreasonable interference upon person’s domain, disclosure of personal information, misappropriation of some one’s identity, hacking, digital stalking etc. will lead to violation of privacy. The present paper discusses the relationship between privacy and the increasing usage of technology. In this regard, protection provided by Indian laws as well as international instruments will be discussed to protect privacy right in digital world. After discussing issues and challenges, viable solutions will be discussed at the end of the article.
{"title":"Indian Legal Framework on the Right to Privacy in Cyberspace-Issues and Challenges","authors":"Manjula Raghav, Sanjana Sharma Marwaha","doi":"10.25041/fiatjustisia.v17no1.2667","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v17no1.2667","url":null,"abstract":"Right to privacy is nowhere cited in the Constitution of India in any specific and express words. However, this right is culled from Article 21 read with Directive Principle of State Policy by the judiciary. It is to be noted that like other fundamental rights, right to privacy is not an absolute right. Privacy is not just confined to some specific place or domain. But recent developments in technology and internet usage has rapidly exposed privacy to potential threats. On the one hand, technology has provided endless possibility to human beings of development but on the other hand, it has posed numerous challenges in front of us. Unreasonable interference upon person’s domain, disclosure of personal information, misappropriation of some one’s identity, hacking, digital stalking etc. will lead to violation of privacy. The present paper discusses the relationship between privacy and the increasing usage of technology. In this regard, protection provided by Indian laws as well as international instruments will be discussed to protect privacy right in digital world. After discussing issues and challenges, viable solutions will be discussed at the end of the article.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":"89 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128687964","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 : 2023-03-28DOI: 10.25041/fiatjustisia.v17no1.2815
C. Perbawati, Malicia Evendia, A. Firmansyah, Yulia Neta
Customary forests are an integral part of the life of indigenous and tribal peoples. MK Decision No. 35/PUU-X/2012 is a progressive step stipulating that customary forests are no longer part of State forests. However, after the decision, there is still a long process that the Indigenous Peoples must pass to obtain their rights. This article aims to describe the legal discourse in determining the customary forest. Using doctrinal research methods as well as statutory and conceptual approaches, it was found that: The designation of customary forests is an important matter in the context of implementing the constitutional rights of customary law communities that existed even before Indonesia was established as a sovereign country. The long and procedural process of establishing customary forests requires the support of the regional government through various progressive policies to create indigenous peoples who are sovereign over their customary forests. With the legal credo for humans, progressive law offers an approach that can become the basis for the realization of legal policies for establishing customary forests in the regions.
{"title":"Legal Discourse on Customary Forest Determination Progressive Law Based","authors":"C. Perbawati, Malicia Evendia, A. Firmansyah, Yulia Neta","doi":"10.25041/fiatjustisia.v17no1.2815","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v17no1.2815","url":null,"abstract":"Customary forests are an integral part of the life of indigenous and tribal peoples. MK Decision No. 35/PUU-X/2012 is a progressive step stipulating that customary forests are no longer part of State forests. However, after the decision, there is still a long process that the Indigenous Peoples must pass to obtain their rights. This article aims to describe the legal discourse in determining the customary forest. Using doctrinal research methods as well as statutory and conceptual approaches, it was found that: The designation of customary forests is an important matter in the context of implementing the constitutional rights of customary law communities that existed even before Indonesia was established as a sovereign country. The long and procedural process of establishing customary forests requires the support of the regional government through various progressive policies to create indigenous peoples who are sovereign over their customary forests. With the legal credo for humans, progressive law offers an approach that can become the basis for the realization of legal policies for establishing customary forests in the regions.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133458707","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 : 2022-12-28DOI: 10.25041/fiatjustisia.v16no4.2828
Sri Sulastuti, Rifka Yudhi, S. Airlangga
The choice of Bali as the location for the G20 Summit is inseparable from its reputation and experience in organizing international events, which cannot simply be separated from the tourism aspect. On the other hand, Lampung has not been chosen as one of the locations for a series of activities for the G20 Presidency, which is certainly a big question mark, considering its strategic location at the tip of Sumatra Island, the spread of various tourist objects. This article focuses on the discussion of how the spatial planning convergence of the Lampung tourism sector affects employment. This study uses a normative approach and comparative-descriptive analysis. This article concludes that the tourism industry cannot be an economic sector with a single identity because tourism has a multidisciplinary character, so the spatial planning policy directions for Lampung Province, especially in the tourism sector, need to be adapted to the multidisciplinary character of tourism, namely by involving many parties including the private sector, banking, and especially Forkopimda Lampung Province.
{"title":"Lampung Province Spatial Planning Convergence to Labor Absorption","authors":"Sri Sulastuti, Rifka Yudhi, S. Airlangga","doi":"10.25041/fiatjustisia.v16no4.2828","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v16no4.2828","url":null,"abstract":"The choice of Bali as the location for the G20 Summit is inseparable from its reputation and experience in organizing international events, which cannot simply be separated from the tourism aspect. On the other hand, Lampung has not been chosen as one of the locations for a series of activities for the G20 Presidency, which is certainly a big question mark, considering its strategic location at the tip of Sumatra Island, the spread of various tourist objects. This article focuses on the discussion of how the spatial planning convergence of the Lampung tourism sector affects employment. This study uses a normative approach and comparative-descriptive analysis. This article concludes that the tourism industry cannot be an economic sector with a single identity because tourism has a multidisciplinary character, so the spatial planning policy directions for Lampung Province, especially in the tourism sector, need to be adapted to the multidisciplinary character of tourism, namely by involving many parties including the private sector, banking, and especially Forkopimda Lampung Province.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122327059","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 : 2022-11-16DOI: 10.25041/fiatjustisia.v16no4.2665
H. Idrisov
The article is devoted to the legal analysis of information security as an important regulatory institution in the modern digital age. Relevance of the study is that information and its sources, as well as the means of its protection are, without a doubt, the most important tool for influencing political, economic, socio-legal and other processes in the globalized world today. Of course, in light of the recent events, information security is also one of the key elements of the national security of any state.It is emphasized separately that ensuring information security in the national security system of the state at the present stage of development of this institution is a guarantee that the activities of state structures in this area will be the most effective and systematic. The objective of the work is to conduct a scientific, legal and regulatory analysis of such important categories that form the institution of information security such as: information, security, as well as formulating the author's definitions under study.The methodological basis of the work is the following methods: synthesis, induction, deduction, as well as a number of special methods of scientific knowledge: historical, linguistic, comparative legal, formal legal.Finally, a number of conclusions are formulated and the author's definitions of the studied scientific and legal categories are given.
{"title":"Information Security in the National Security System in the Modern Age","authors":"H. Idrisov","doi":"10.25041/fiatjustisia.v16no4.2665","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v16no4.2665","url":null,"abstract":"The article is devoted to the legal analysis of information security as an important regulatory institution in the modern digital age. Relevance of the study is that information and its sources, as well as the means of its protection are, without a doubt, the most important tool for influencing political, economic, socio-legal and other processes in the globalized world today. Of course, in light of the recent events, information security is also one of the key elements of the national security of any state.It is emphasized separately that ensuring information security in the national security system of the state at the present stage of development of this institution is a guarantee that the activities of state structures in this area will be the most effective and systematic.\u0000The objective of the work is to conduct a scientific, legal and regulatory analysis of such important categories that form the institution of information security such as: information, security, as well as formulating the author's definitions under study.The methodological basis of the work is the following methods: synthesis, induction, deduction, as well as a number of special methods of scientific knowledge: historical, linguistic, comparative legal, formal legal.Finally, a number of conclusions are formulated and the author's definitions of the studied scientific and legal categories are given.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127010591","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 : 2022-11-16DOI: 10.25041/fiatjustisia.v16no4.2455
N. Savitri, Dyan Franciska Dumaris Sitanggang
The term Human Rights Defenders (Pembela HAM in Indonesia) stands for any people or group whose activities revolve around the defense and promotion of human rights and other basic freedoms. In the course of their work, human rights defenders often experience verbal threats, attacks and even physical acts of violence that seriously hamper their activities.Women human rights defenders are an important part of human rights activism. However, they are a vulnerable group because of their position and status as women. Being vulnerable, the bodies, sexuality and identity of women human rights defenders have been violently attacked through the exploitation of gender stereotypes biased against women. However, it is apparent that women human rights defenders in Indonesia are not adequately protected. This paper employs normative analytical descriptive research methods by looking at the specificity of women human rights defenders as a vulnerable group facing specific attacks and violence, as well as examining various norms of protection. The Government of Indonesia through the existing legal norms has an obligation to fulfil the protection of women human rights defender, considering the vulnerability of women human rights defenders.
{"title":"Legal Status and Protection for Women Human Rights Defenders in Indonesia","authors":"N. Savitri, Dyan Franciska Dumaris Sitanggang","doi":"10.25041/fiatjustisia.v16no4.2455","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v16no4.2455","url":null,"abstract":"The term Human Rights Defenders (Pembela HAM in Indonesia) stands for any people or group whose activities revolve around the defense and promotion of human rights and other basic freedoms. In the course of their work, human rights defenders often experience verbal threats, attacks and even physical acts of violence that seriously hamper their activities.Women human rights defenders are an important part of human rights activism. However, they are a vulnerable group because of their position and status as women. Being vulnerable, the bodies, sexuality and identity of women human rights defenders have been violently attacked through the exploitation of gender stereotypes biased against women. However, it is apparent that women human rights defenders in Indonesia are not adequately protected. This paper employs normative analytical descriptive research methods by looking at the specificity of women human rights defenders as a vulnerable group facing specific attacks and violence, as well as examining various norms of protection. The Government of Indonesia through the existing legal norms has an obligation to fulfil the protection of women human rights defender, considering the vulnerability of women human rights defenders.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115054516","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 : 2022-11-16DOI: 10.25041/fiatjustisia.v16no4.2575
Rehulina Rehulina
The corporation’s obligation to human rights is not a moral but a legal obligation. Although in international law, the regulation regarding this corporate obligation is at the level of the Resolution (UN Framework Protect, Respect and Remedy on Business and Human Rights/General Assembly Resolution) and not a convention which is one of the sources of law known in international law. Because many countries follow this provision, it can be categorized as a source of customary international law, which is also a source of international law. However, this paper will not discuss the UN resolution on Human Rights and Business in the sources of international law, but rather how the state implements the resolution and respects or follows the corporation. In September 2014, Indonesia launched the draft National Action Plan (NAP) for Business and Human Rights. Until now, the NAP has not been legalized. However, the Indonesian government has made a policy to ensure that business actors (corporations) respect human rights in running their businesses. In 2021, through the Ministry of Law and Human Rights, the Indonesian government launched an application called PRISMA (Business Risk Assessment and Human Rights). This application aims to help corporations analyze the possibility of violating human rights when they carry out their business activities. This article aims to study and analyze whether the application of PRISMA from a due diligence principal point of view can be an effective tool to measure state duty to protect and corporate compliance with human rights.
{"title":"Prisma Application as A Measuring Instrument of Corporate Obligations to Respect Human Rights","authors":"Rehulina Rehulina","doi":"10.25041/fiatjustisia.v16no4.2575","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v16no4.2575","url":null,"abstract":"The corporation’s obligation to human rights is not a moral but a legal obligation. Although in international law, the regulation regarding this corporate obligation is at the level of the Resolution (UN Framework Protect, Respect and Remedy on Business and Human Rights/General Assembly Resolution) and not a convention which is one of the sources of law known in international law. Because many countries follow this provision, it can be categorized as a source of customary international law, which is also a source of international law. However, this paper will not discuss the UN resolution on Human Rights and Business in the sources of international law, but rather how the state implements the resolution and respects or follows the corporation.\u0000In September 2014, Indonesia launched the draft National Action Plan (NAP) for Business and Human Rights. Until now, the NAP has not been legalized. However, the Indonesian government has made a policy to ensure that business actors (corporations) respect human rights in running their businesses. In 2021, through the Ministry of Law and Human Rights, the Indonesian government launched an application called PRISMA (Business Risk Assessment and Human Rights). This application aims to help corporations analyze the possibility of violating human rights when they carry out their business activities. This article aims to study and analyze whether the application of PRISMA from a due diligence principal point of view can be an effective tool to measure state duty to protect and corporate compliance with human rights.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125280233","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 : 2022-11-16DOI: 10.25041/fiatjustisia.v16no4.2660
A. Wahid
The role of the whistleblower is significant in uncovering a case because many cases are not revealed. After all, no one reports or becomes a whistleblower. A whistleblower is legally protected and cannot be prosecuted civilly or criminally. Although currently, there is a Witness and Victim Protection Agency that carries out the task of protecting witnesses and victims, the Witness and Victim Protection Agency have not yet reached out to whistleblowers. The protection is given to whistleblowers only reduces punishment if the whistleblower is involved in the reported case or witnesses the perpetrator. The form of protection given to whistleblowers is legal and unique, and protection is not provided if the witness does not give testimony in good faith. So it is necessary to revise the Criminal Procedure Code and the Law on the Protection of Witnesses and Victims so that the whistleblower who is a witness to the perpetrator is included as one who should be protected by both criminal charges, even though he is the perpetrator and not only reduces the sentence.
{"title":"The Urgence of Whistleblower Legal Protection in the Criminal Justice System","authors":"A. Wahid","doi":"10.25041/fiatjustisia.v16no4.2660","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v16no4.2660","url":null,"abstract":"The role of the whistleblower is significant in uncovering a case because many cases are not revealed. After all, no one reports or becomes a whistleblower. A whistleblower is legally protected and cannot be prosecuted civilly or criminally. Although currently, there is a Witness and Victim Protection Agency that carries out the task of protecting witnesses and victims, the Witness and Victim Protection Agency have not yet reached out to whistleblowers. The protection is given to whistleblowers only reduces punishment if the whistleblower is involved in the reported case or witnesses the perpetrator. The form of protection given to whistleblowers is legal and unique, and protection is not provided if the witness does not give testimony in good faith. So it is necessary to revise the Criminal Procedure Code and the Law on the Protection of Witnesses and Victims so that the whistleblower who is a witness to the perpetrator is included as one who should be protected by both criminal charges, even though he is the perpetrator and not only reduces the sentence.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132580470","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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