Pub Date : 2023-07-06DOI: 10.20884/1.jdh.2023.23.2.3478
Peter Jeremiah Setiawan, J. Jennifer
Crimes related to cryptoassets that develop in a complex manner give rise to distinctive characteristics and require a convergence-based countermeasure that is not only responsive but also anticipatory and futuristic. This article is examined from normative juridical research with a case and conceptual approach and aims to study the characteristics of crimes related to cryptoassets and how to formulate convergence-based law enforcement policies in Indonesia. This crime has the characteristics of convergence between financial crimes and cybercrime, occurs in cyberspace and is carried out by actors who are described not only from cryptoasset transaction actors, but also third parties who provide services related to cryptoasset transactions. Law enforcement policies in tackling these crimes must have a convergence load with various technological innovations, including data storage and crime investigation using a blockchain system, including verification of cryptoassets using a chain of custody architecture and confiscation and confiscation of cryptoassets related to crime. The formation of convergence-based criminal policies cannot be separated from awareness and continuous efforts to develop the quality of human resources in digital literacy. This quality is not only described in the mastery of technology alone but also in ethical behavior. This digital ethics-based legal culture should not only be aimed at the general public as a norm target (norm address), but also for law enforcement officers (rechtshandhaving).
{"title":"Characteristics of Cryptoasset-Related Crimes and Convergence-Based Law Enforcement Policies","authors":"Peter Jeremiah Setiawan, J. Jennifer","doi":"10.20884/1.jdh.2023.23.2.3478","DOIUrl":"https://doi.org/10.20884/1.jdh.2023.23.2.3478","url":null,"abstract":"Crimes related to cryptoassets that develop in a complex manner give rise to distinctive characteristics and require a convergence-based countermeasure that is not only responsive but also anticipatory and futuristic. This article is examined from normative juridical research with a case and conceptual approach and aims to study the characteristics of crimes related to cryptoassets and how to formulate convergence-based law enforcement policies in Indonesia. This crime has the characteristics of convergence between financial crimes and cybercrime, occurs in cyberspace and is carried out by actors who are described not only from cryptoasset transaction actors, but also third parties who provide services related to cryptoasset transactions. Law enforcement policies in tackling these crimes must have a convergence load with various technological innovations, including data storage and crime investigation using a blockchain system, including verification of cryptoassets using a chain of custody architecture and confiscation and confiscation of cryptoassets related to crime. The formation of convergence-based criminal policies cannot be separated from awareness and continuous efforts to develop the quality of human resources in digital literacy. This quality is not only described in the mastery of technology alone but also in ethical behavior. This digital ethics-based legal culture should not only be aimed at the general public as a norm target (norm address), but also for law enforcement officers (rechtshandhaving).","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129758029","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 : 2023-07-04DOI: 10.20884/1.jdh.2023.23.2.3289
Agus Tri Widodo, Agus Riwanto
After the Constitutional Court Decision Number 91/PUU-XVIII/2020 which mandates amendments to Law Number 11 of 2020 on Job Creation, it has consequences for the government to make improvements to the said law within a period of two years from the issuance of the decree. In Law Number 11 of 2020 on Job Creation, there are inconsistencies in the regulation of the form of legal products used for stipulation, norms for detailed spatial planning as a licensing instrument, and the existence of formal aspects that were ruled out at the time of its formation, causing polemics in the community. This article discusses how to implement spatial planning arrangements in the regions and how ideal harmonization spatial planning arrangements in order to optimize regional development. The research method to answer these problems is normative legal research that uses primary legal materials and secondary legal materials complemented by field research. The results of the study show that first, the spatial planning arrangements contained in Law Number 11 of 2020 concerning Job Creation cannot be implemented optimally, especially in terms of fostering and supervising the use of regional space. Second, it is necessary to improve the substance of the material as a material aspect in the form of setting detailed spatial plans with the suitability of space utilization activities and the stipulation of regional regulations by the central government. and improvement of formal aspects to minimize polemics in the community. Spatial planning is the main guideline in regional development.Keywords: Harmonization, Spatial Planning, and Regional Development
{"title":"Harmonizing Regional Spatial Arrangements As Effort To Improve Law Number 11 Of 2020 On Job Creation To Optimize Regional Development","authors":"Agus Tri Widodo, Agus Riwanto","doi":"10.20884/1.jdh.2023.23.2.3289","DOIUrl":"https://doi.org/10.20884/1.jdh.2023.23.2.3289","url":null,"abstract":"After the Constitutional Court Decision Number 91/PUU-XVIII/2020 which mandates amendments to Law Number 11 of 2020 on Job Creation, it has consequences for the government to make improvements to the said law within a period of two years from the issuance of the decree. In Law Number 11 of 2020 on Job Creation, there are inconsistencies in the regulation of the form of legal products used for stipulation, norms for detailed spatial planning as a licensing instrument, and the existence of formal aspects that were ruled out at the time of its formation, causing polemics in the community. This article discusses how to implement spatial planning arrangements in the regions and how ideal harmonization spatial planning arrangements in order to optimize regional development. The research method to answer these problems is normative legal research that uses primary legal materials and secondary legal materials complemented by field research. The results of the study show that first, the spatial planning arrangements contained in Law Number 11 of 2020 concerning Job Creation cannot be implemented optimally, especially in terms of fostering and supervising the use of regional space. Second, it is necessary to improve the substance of the material as a material aspect in the form of setting detailed spatial plans with the suitability of space utilization activities and the stipulation of regional regulations by the central government. and improvement of formal aspects to minimize polemics in the community. Spatial planning is the main guideline in regional development.Keywords: Harmonization, Spatial Planning, and Regional Development","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116598232","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 : 2023-06-20DOI: 10.20884/1.jdh.2023.23.2.3486
Syafa'at Anugrah Pradana, R. Pikahulan, M. Alvian
Public service is essentially part of the government's role in serving and fulfilling the interests of society. However, in practice, the implementation of public services has not been able to meet public expectations or public service standards stipulated in Law No. 25 of 2009, especially the implementation of public services by the Prosecutor's Office. The method used is socio-legal using a sample, namely the Prosecutor's Office in South Sulawesi. The problems that are present in three fundamental aspects that determine the quality of public services in the Prosecutor's Office starting from the pattern of public service delivery, the quality of human resources, and institutions indicate the need for improvements to excellent public services to realize good governance in Indonesia. Therefore, the conclusion that can be drawn is the implementation of the principles of sipakatau, sipakainge, and sipakalebbi in public services in the Prosecutor's Office is a solution to excellent public services.
{"title":"Implementing Bugis-Makassar Local Wisdom Within The Prosecutor's Office In Parepare City, South Sulawesi","authors":"Syafa'at Anugrah Pradana, R. Pikahulan, M. Alvian","doi":"10.20884/1.jdh.2023.23.2.3486","DOIUrl":"https://doi.org/10.20884/1.jdh.2023.23.2.3486","url":null,"abstract":"Public service is essentially part of the government's role in serving and fulfilling the interests of society. However, in practice, the implementation of public services has not been able to meet public expectations or public service standards stipulated in Law No. 25 of 2009, especially the implementation of public services by the Prosecutor's Office. The method used is socio-legal using a sample, namely the Prosecutor's Office in South Sulawesi. The problems that are present in three fundamental aspects that determine the quality of public services in the Prosecutor's Office starting from the pattern of public service delivery, the quality of human resources, and institutions indicate the need for improvements to excellent public services to realize good governance in Indonesia. Therefore, the conclusion that can be drawn is the implementation of the principles of sipakatau, sipakainge, and sipakalebbi in public services in the Prosecutor's Office is a solution to excellent public services.","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116496525","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 : 2023-06-20DOI: 10.20884/1.jdh.2023.23.2.3518
Yogi Muhammad Rahman, Widya Jusu Adeningtyas, Belardo Prasetya Mega Jaya
This study analyzes effect of European Union's implementation economic embargo on Russia after Russian invasion of Ukraine. Embargoes imposed was stoppage imports of petroleum and natural gas from Russia. This situation impact of circulation oil and natural gas prices on global market because Russia is the world's largest supplier oil and natural gas. The purpose study is to analyze effect of implementation Russian embargo on international trade sector and examine impact implementation embargo sanctions on Russian economy. The research methodology used is normative juridical. The results show that implementation of embargo against Russia will trigger escalation the price of crude oil and natural gas which are becoming scarce on the global market and significantly reduce availability of grain, wheat, barley and corn commodities while for Russia this case cause increase inflation due to Russia lost most of its shares in international markets.
{"title":"The Effect Of European Union's Implementation Of The Russian Economic Embargo On International Trade Sector","authors":"Yogi Muhammad Rahman, Widya Jusu Adeningtyas, Belardo Prasetya Mega Jaya","doi":"10.20884/1.jdh.2023.23.2.3518","DOIUrl":"https://doi.org/10.20884/1.jdh.2023.23.2.3518","url":null,"abstract":"This study analyzes effect of European Union's implementation economic embargo on Russia after Russian invasion of Ukraine. Embargoes imposed was stoppage imports of petroleum and natural gas from Russia. This situation impact of circulation oil and natural gas prices on global market because Russia is the world's largest supplier oil and natural gas. The purpose study is to analyze effect of implementation Russian embargo on international trade sector and examine impact implementation embargo sanctions on Russian economy. The research methodology used is normative juridical. The results show that implementation of embargo against Russia will trigger escalation the price of crude oil and natural gas which are becoming scarce on the global market and significantly reduce availability of grain, wheat, barley and corn commodities while for Russia this case cause increase inflation due to Russia lost most of its shares in international markets.","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134014974","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 : 2023-06-09DOI: 10.20884/1.jdh.2023.23.2.3474
Yulianto Syahyu
The Job Creation Law which has been approved and ratified becomes Law Number 11 of 2020, cannot be separated from the taxation cluster. As it is known that taxes have a budgetary function as state revenue and regulating function as a reflection of the country's economic policy. This study aims to examine the priority of the regularend function of taxes in the taxation cluster in Law Number 11 of 2020 concerning Job Creation. The results of the study indicate that the regularend function of taxes accommodated in the Job Creation Law and Perppu Number 1 year 2020 Jo. Law Number 2 of 2020 as well as Law Number 7 of 2021 concerning Tax Harmonization can work in several ways, namely: in the context of funding investment in Indonesia, tax incentives on dividends from within the country are intended to reduce the tax burden that must be borne by taxpayers, differences in interpretation in determining the status of tax subjects affect the country or jurisdiction that has the right to impose, relaxation of provisions for crediting Input Tax, which is deemed unfair for business actors, Arrangements on the amount of administrative sanctions of interest and interest compensation which are applied by taking into account market interest rates; and Taxation of digital transactions carried out by foreign sellers or marketplaces.
{"title":"Legal Aspect Of Taxation: Prioritizing the Regularend Function of the Budgeter for National Economic Resilience","authors":"Yulianto Syahyu","doi":"10.20884/1.jdh.2023.23.2.3474","DOIUrl":"https://doi.org/10.20884/1.jdh.2023.23.2.3474","url":null,"abstract":"The Job Creation Law which has been approved and ratified becomes Law Number 11 of 2020, cannot be separated from the taxation cluster. As it is known that taxes have a budgetary function as state revenue and regulating function as a reflection of the country's economic policy. This study aims to examine the priority of the regularend function of taxes in the taxation cluster in Law Number 11 of 2020 concerning Job Creation. The results of the study indicate that the regularend function of taxes accommodated in the Job Creation Law and Perppu Number 1 year 2020 Jo. Law Number 2 of 2020 as well as Law Number 7 of 2021 concerning Tax Harmonization can work in several ways, namely: in the context of funding investment in Indonesia, tax incentives on dividends from within the country are intended to reduce the tax burden that must be borne by taxpayers, differences in interpretation in determining the status of tax subjects affect the country or jurisdiction that has the right to impose, relaxation of provisions for crediting Input Tax, which is deemed unfair for business actors, Arrangements on the amount of administrative sanctions of interest and interest compensation which are applied by taking into account market interest rates; and Taxation of digital transactions carried out by foreign sellers or marketplaces.","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125325124","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 : 2023-06-04DOI: 10.20884/1.jdh.2023.23.1.3419
Delfina Gusman, D. Nazmi
The revelation of the engineering handling of the death case of Police Brigadier Nofriansyah Yosua Hutabarat has had an impact on raising other issues related to unprofessionalism within the Indonesian National Police such as the issue of the 303 gambling consortium, drugs, promotions associated with factions within the POLRI, luxury lifestyle, case transactions and so on The public considers that unprofessionalism within the Indonesian National Police does not only occur with individual members of the police but is already "institutionalized", the slow handling of the murder case of Police Brigadier Nofriansyah Yosua Hutabarat is suspected of having a tug-of-war of interests is an example of "institutionalized" unprofessionalism, even though this case has received attention from the President and Menkopolhukam. The regulation of some of Kompolnas' repressive powers in Presidential Regulation Number 17 of 2011 gave rise to new legal norms that increase Kompolnas' authority, this becomes out of sync and harmony with Kompolnas'.Reform of the external oversight system at the Indonesian National Police is a must by rearranging the system of recruitment, education and career paths for Polri members and officials as well as strengthening the existence of external oversight institutions (both preventive and repressive in nature) and their authority attached to Kompolnas as The National Police Agency through the revision of Law Number 2 of 2002 concerning the Indonesian National Police
{"title":"EXTERNAL SUPERVISION SYSTEM REFORM IN THE STATE POLICE OF THE REPUBLIC OF INDONESIA","authors":"Delfina Gusman, D. Nazmi","doi":"10.20884/1.jdh.2023.23.1.3419","DOIUrl":"https://doi.org/10.20884/1.jdh.2023.23.1.3419","url":null,"abstract":"The revelation of the engineering handling of the death case of Police Brigadier Nofriansyah Yosua Hutabarat has had an impact on raising other issues related to unprofessionalism within the Indonesian National Police such as the issue of the 303 gambling consortium, drugs, promotions associated with factions within the POLRI, luxury lifestyle, case transactions and so on The public considers that unprofessionalism within the Indonesian National Police does not only occur with individual members of the police but is already \"institutionalized\", the slow handling of the murder case of Police Brigadier Nofriansyah Yosua Hutabarat is suspected of having a tug-of-war of interests is an example of \"institutionalized\" unprofessionalism, even though this case has received attention from the President and Menkopolhukam. The regulation of some of Kompolnas' repressive powers in Presidential Regulation Number 17 of 2011 gave rise to new legal norms that increase Kompolnas' authority, this becomes out of sync and harmony with Kompolnas'.Reform of the external oversight system at the Indonesian National Police is a must by rearranging the system of recruitment, education and career paths for Polri members and officials as well as strengthening the existence of external oversight institutions (both preventive and repressive in nature) and their authority attached to Kompolnas as The National Police Agency through the revision of Law Number 2 of 2002 concerning the Indonesian National Police","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131692408","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 : 2023-05-20DOI: 10.20884/1.jdh.2023.23.1.3461
Supardi Hamid, Teddy Rusmawan
The right to health for all Indonesian people is guaranteed in Article 28H of the 1945 Constitution. Doctors and dentists are the main professions in the field of health, as stated in Law No. 29 of 2004 concerning Medical Practice. After the Covid 19 Pandemic ended, there has been a significant shift, with the rise of health services through digital and application media, ease of access to health, and online sick notes. This facility can be misused for work purposes etc. Moreover, a defendant can avoid the investigation process by easily obtaining a sick note online; this service cannot optimize patient examinations because it's not done face-to-face. Therefore it is important to examine the making of online sick notes, which have the potential to become a form of crime and be reviewed from the perspective of a criminological approach. This study aims to examine online sick notes as a crime and whether this activity is by Law No. 29 of 2004 reviewed in criminology. The research method used is normative legal research with statutory and conceptual approaches. The results of this study conclude that making sick notes online is not by Law No. 29 of 2004 and violates Article 7 KODEKI so that it can be considered a form of crime. In contrast, from a criminological point of view, through communication and convenience, this makes the perpetrator according to the science of criminology as contained in the differential theory association.Keywords: Criminology, Medical Practice, Online Sick Letter
{"title":"Potential Abuse On The Issuance Of Online Medical Certificates By Doctors: A Criminological Review","authors":"Supardi Hamid, Teddy Rusmawan","doi":"10.20884/1.jdh.2023.23.1.3461","DOIUrl":"https://doi.org/10.20884/1.jdh.2023.23.1.3461","url":null,"abstract":"The right to health for all Indonesian people is guaranteed in Article 28H of the 1945 Constitution. Doctors and dentists are the main professions in the field of health, as stated in Law No. 29 of 2004 concerning Medical Practice. After the Covid 19 Pandemic ended, there has been a significant shift, with the rise of health services through digital and application media, ease of access to health, and online sick notes. This facility can be misused for work purposes etc. Moreover, a defendant can avoid the investigation process by easily obtaining a sick note online; this service cannot optimize patient examinations because it's not done face-to-face. Therefore it is important to examine the making of online sick notes, which have the potential to become a form of crime and be reviewed from the perspective of a criminological approach. This study aims to examine online sick notes as a crime and whether this activity is by Law No. 29 of 2004 reviewed in criminology. The research method used is normative legal research with statutory and conceptual approaches. The results of this study conclude that making sick notes online is not by Law No. 29 of 2004 and violates Article 7 KODEKI so that it can be considered a form of crime. In contrast, from a criminological point of view, through communication and convenience, this makes the perpetrator according to the science of criminology as contained in the differential theory association.Keywords: Criminology, Medical Practice, Online Sick Letter","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132932156","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 : 2023-05-04DOI: 10.20884/1.jdh.2023.23.1.3471
Rodon Pedrason, P. I. Setyoko
Tujuan nasional tersebut tertuang dalam pembukaan UUD 1945, yang bertujuan untuk melindungi bangsa dan tanah air Indonesia, termasuk keamanan nasional. Kebijakan hukum pertahanan dan militer dalam bentuk diplomasi menjadi sangat penting untuk menghindari konflik antar negara. Khususnya di kawasan ASEAN, Indonesia semakin tidak memiliki relevansi strategis untuk keamanan kawasan, yang terlihat dari berbagai permasalahan hukum terkait kedaulatan Indonesia. Pelanggaran kedaulatan sama sekali bukan ancaman. Selain itu, semua aturan internasional dimaksudkan untuk saling melindungi dan menghindari konflik negara. Oleh karena itu sangat penting untuk menelaah militer Indonesia secara terlama sebagai alat diplomasi beserta kebijakan hukum strategis melalui beberapa perjanjian dengan negara lain untuk memperkuat militer Indonesia. Metode penelitian yang digunakan adalah penelitian hukum normatif dengan pendekatan perundang-undangan dan konseptual. Hasil penelitian ini menyimpulkan bahwa Indonesia telah menempuh diplomasi berupa perjanjian dan kerjasama dengan negara lain untuk saling menguntungkan. Sedangkan. Perjanjian kerjasama antar negara di kawasan ASEAN telah dilakukan dengan menggunakan seluruh peraturan perundang-undangan nasional dan internasional. Hasil penelitian ini menyimpulkan bahwa Indonesia telah menempuh diplomasi berupa perjanjian dan kerjasama dengan negara lain untuk saling menguntungkan. Perjanjian kerjasama antar negara di kawasan ASEAN telah dilakukan dengan menggunakan seluruh peraturan perundang-undangan nasional dan internasional. Hasil penelitian ini menyimpulkan bahwa Indonesia telah menempuh diplomasi berupa perjanjian dan kerjasama dengan negara lain untuk saling menguntungkan. Perjanjian kerjasama antar negara di kawasan ASEAN telah dilakukan dengan menggunakan seluruh peraturan perundang-undangan nasional dan internasional. Hasil penelitian ini menyimpulkan bahwa Indonesia telah menempuh diplomasi berupa perjanjian dan kerjasama dengan negara lain untuk saling menguntungkan.
{"title":"Legal Politics of Indonesia's Military Position Through Policy Diplomacy and Agreements in the ASEAN Region (Prospects and Challenges)","authors":"Rodon Pedrason, P. I. Setyoko","doi":"10.20884/1.jdh.2023.23.1.3471","DOIUrl":"https://doi.org/10.20884/1.jdh.2023.23.1.3471","url":null,"abstract":"Tujuan nasional tersebut tertuang dalam pembukaan UUD 1945, yang bertujuan untuk melindungi bangsa dan tanah air Indonesia, termasuk keamanan nasional. Kebijakan hukum pertahanan dan militer dalam bentuk diplomasi menjadi sangat penting untuk menghindari konflik antar negara. Khususnya di kawasan ASEAN, Indonesia semakin tidak memiliki relevansi strategis untuk keamanan kawasan, yang terlihat dari berbagai permasalahan hukum terkait kedaulatan Indonesia. Pelanggaran kedaulatan sama sekali bukan ancaman. Selain itu, semua aturan internasional dimaksudkan untuk saling melindungi dan menghindari konflik negara. Oleh karena itu sangat penting untuk menelaah militer Indonesia secara terlama sebagai alat diplomasi beserta kebijakan hukum strategis melalui beberapa perjanjian dengan negara lain untuk memperkuat militer Indonesia. Metode penelitian yang digunakan adalah penelitian hukum normatif dengan pendekatan perundang-undangan dan konseptual. Hasil penelitian ini menyimpulkan bahwa Indonesia telah menempuh diplomasi berupa perjanjian dan kerjasama dengan negara lain untuk saling menguntungkan. Sedangkan. Perjanjian kerjasama antar negara di kawasan ASEAN telah dilakukan dengan menggunakan seluruh peraturan perundang-undangan nasional dan internasional. Hasil penelitian ini menyimpulkan bahwa Indonesia telah menempuh diplomasi berupa perjanjian dan kerjasama dengan negara lain untuk saling menguntungkan. Perjanjian kerjasama antar negara di kawasan ASEAN telah dilakukan dengan menggunakan seluruh peraturan perundang-undangan nasional dan internasional. Hasil penelitian ini menyimpulkan bahwa Indonesia telah menempuh diplomasi berupa perjanjian dan kerjasama dengan negara lain untuk saling menguntungkan. Perjanjian kerjasama antar negara di kawasan ASEAN telah dilakukan dengan menggunakan seluruh peraturan perundang-undangan nasional dan internasional. Hasil penelitian ini menyimpulkan bahwa Indonesia telah menempuh diplomasi berupa perjanjian dan kerjasama dengan negara lain untuk saling menguntungkan.","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123569245","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 : 2023-04-29DOI: 10.20884/1.jdh.2023.23.1.3521
Dwi Putri Cahyawati, Ibnu Sina Chandranegara, Nizam Burhanuddin, Ahmad Yani
Indonesia and South Korea are two countries that both use a presidential system. This indicates that the two countries have something in common, especially regarding presidential institutions. But if we dive deeper, there are also differences between the two countries. But if you dive deeper, there are also differences between the two countries. This research has two research questions. What is the similarity between the presidential system in Indonesia and South Korea, and what are the differences between them. The results of the study found that although both use the presidential system of government, such a thing does not guarantee the equality of the position of the presidential institution in each country. In constitutional practice, there are variants of similarities and differences.
{"title":"Comparative Presidential's Role, Systems and Constitutional Practice Between Indonesia and South Korea","authors":"Dwi Putri Cahyawati, Ibnu Sina Chandranegara, Nizam Burhanuddin, Ahmad Yani","doi":"10.20884/1.jdh.2023.23.1.3521","DOIUrl":"https://doi.org/10.20884/1.jdh.2023.23.1.3521","url":null,"abstract":"Indonesia and South Korea are two countries that both use a presidential system. This indicates that the two countries have something in common, especially regarding presidential institutions. But if we dive deeper, there are also differences between the two countries. But if you dive deeper, there are also differences between the two countries. This research has two research questions. What is the similarity between the presidential system in Indonesia and South Korea, and what are the differences between them. The results of the study found that although both use the presidential system of government, such a thing does not guarantee the equality of the position of the presidential institution in each country. In constitutional practice, there are variants of similarities and differences.","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132474749","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 : 2023-04-29DOI: 10.20884/1.jdh.2023.23.1.3207
D. H. Retnaningrum, S. Wahyudi, B. Budiyono, Norcha Satria Adi Nugroho
Health sectors covers wide range of criminal acts, including medical malpractice, circulation of illegal drug, pharmacy and prescription drug fraud, and hospital unprofessionalism. The Number of victims due to crimes in health sector is far more than what it appears to be. An example of crimes within the health sectors is medical malpractice. Malpractice is a bad practice. Restorative justice as new approach offers a solution to criminal cases that focus more on the recovery rather than vengeance. Therefore, the issue that need to be discuss is whether health crimes equate to medical malpractice and how should the application of restorative justice be applied to criminal acts in health sectors. One of the main reasons to implement restorative justice is because the victim as the party who is most harmed and suffers, is in fact generally being abandoned in criminal justice system. The care and protection given to the victim felt not yet adequate especially if the aim is to restore the victim’s suffering. This study shows that health crimes does not equate to medical malpractice because as the name suggested medical malpractice entail a profession. However, criminal acts can be committed by anyone. The application of restorative justice should be applied to cases in health sectors that involve negligence and not cases based on intent. The application of restorative justice can be beneficial to perpetrators, victims, and society. Keywords: restorative justice, malpractice, health crime
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