Pub Date : 2022-07-09DOI: 10.20884/1.jdh.2022.22.1.3129
Mohamad Fasyehhudin, Belardo Prasetya Mega Jaya, Yogi Muhammad Rahman
Through deregulation and debureaucratization of licensing services, businesses use the Online Single Submission (OSS) system at OSS institutions, ministry, institutions, and local government, to realize increased and accelerated investment and business. This study aims to find out, analyze and answer the aspects of deregulation and debureaucratization in the context of efficiency and effectiveness of electronically integrated business licensing services using OSS in Regional Government. Important aspects of deregulation that must be considered are requirements, rights and obligations, standard operating procedures, period of validity, service time, and costs. Then, the important aspects of debureaucratization must be considered that related to institutions/departments in ministries, institutions, and local governments paying attention to the ease of service processes, human resources or service personnel who have special competencies in their fields, including effective coordination between ministries, institutions, and government at the regional level, among adequate service infrastructure, including optimizing the OSS system with advanced information technology, communication media, and convenient service areas.Keywords: deregulation, debureaucratization, public services/licensing services
{"title":"Deregulation and Debureaucratization of Business Licensing Services Through The Online Single Submission (OSS) System in Local Governments Post Government Regulation Number 24 of 2018 Concerning Electronically Integrated Business Licensing Services","authors":"Mohamad Fasyehhudin, Belardo Prasetya Mega Jaya, Yogi Muhammad Rahman","doi":"10.20884/1.jdh.2022.22.1.3129","DOIUrl":"https://doi.org/10.20884/1.jdh.2022.22.1.3129","url":null,"abstract":"Through deregulation and debureaucratization of licensing services, businesses use the Online Single Submission (OSS) system at OSS institutions, ministry, institutions, and local government, to realize increased and accelerated investment and business. This study aims to find out, analyze and answer the aspects of deregulation and debureaucratization in the context of efficiency and effectiveness of electronically integrated business licensing services using OSS in Regional Government. Important aspects of deregulation that must be considered are requirements, rights and obligations, standard operating procedures, period of validity, service time, and costs. Then, the important aspects of debureaucratization must be considered that related to institutions/departments in ministries, institutions, and local governments paying attention to the ease of service processes, human resources or service personnel who have special competencies in their fields, including effective coordination between ministries, institutions, and government at the regional level, among adequate service infrastructure, including optimizing the OSS system with advanced information technology, communication media, and convenient service areas.Keywords: deregulation, debureaucratization, public services/licensing services","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133165124","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 : 2022-06-23DOI: 10.20884/1.jdh.2022.22.1.3146
Muhamad Dzadit Taqwa, Tazkia Nafs Azzahra, Maria Jasmine Putri Subiyanto
According to Article 66 Letter C of Law Number 30/1999, one of the requirements for an international arbitral award to be accepted and executed in Indonesia is that it does not violate public order. There is an issue with the norms’ ambiguity; it concerns the definition and the application of the term "public order". As a result, international arbitration awards are more likely to be overturned based on quo conditions. This paper explores the causes and the implications of this ambiguous term. Following then, various potential resolutions to the problem were provided. but removing the article might not be a wise option. Although various publications have studied the recognition and execution of foreign arbitral awards, no comprehensive examination of Article 66 Letter C of Law Number 30/1999 could be identified.
{"title":"The Ambiguity of Norms in Article 66 (C) of Law No. 30/1999 on Arbitration And Alternative Dispute Resolution: Causes, Implications And Resolutions","authors":"Muhamad Dzadit Taqwa, Tazkia Nafs Azzahra, Maria Jasmine Putri Subiyanto","doi":"10.20884/1.jdh.2022.22.1.3146","DOIUrl":"https://doi.org/10.20884/1.jdh.2022.22.1.3146","url":null,"abstract":"According to Article 66 Letter C of Law Number 30/1999, one of the requirements for an international arbitral award to be accepted and executed in Indonesia is that it does not violate public order. There is an issue with the norms’ ambiguity; it concerns the definition and the application of the term \"public order\". As a result, international arbitration awards are more likely to be overturned based on quo conditions. This paper explores the causes and the implications of this ambiguous term. Following then, various potential resolutions to the problem were provided. but removing the article might not be a wise option. Although various publications have studied the recognition and execution of foreign arbitral awards, no comprehensive examination of Article 66 Letter C of Law Number 30/1999 could be identified.","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115936394","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 : 2022-06-02DOI: 10.20884/1.jdh.2022.22.1.3079
Teddy Asmara
This study reveals the legal method in the process of land compensation in the Jatigede reservoir, and focuses on: the existence and application of pragmatic law by rural farming communities; and the government's use of progressive law. By using a combination of case study and micro-ethnographic methods, the answers are obtained, first, the pragmatic legal character is relatively in line with speculative cognition and defensive principles; its adaptive application is to resist the law silently, and the aggressive one is to violate the law openly. Second, the government understands the manipulation of compensation as a reflection of the accumulated injustice and economic difficulties of the citizens, therefore the government makes regulations that prioritize the restoration of people's welfare rather than fulfilling the requirements of legal logic.
{"title":"Pragmatic and Progressive Legal Practice: Ethnographic Case Study of Jatigede Reservoir","authors":"Teddy Asmara","doi":"10.20884/1.jdh.2022.22.1.3079","DOIUrl":"https://doi.org/10.20884/1.jdh.2022.22.1.3079","url":null,"abstract":"This study reveals the legal method in the process of land compensation in the Jatigede reservoir, and focuses on: the existence and application of pragmatic law by rural farming communities; and the government's use of progressive law. By using a combination of case study and micro-ethnographic methods, the answers are obtained, first, the pragmatic legal character is relatively in line with speculative cognition and defensive principles; its adaptive application is to resist the law silently, and the aggressive one is to violate the law openly. Second, the government understands the manipulation of compensation as a reflection of the accumulated injustice and economic difficulties of the citizens, therefore the government makes regulations that prioritize the restoration of people's welfare rather than fulfilling the requirements of legal logic.","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114079644","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 : 2022-05-31DOI: 10.20884/1.jdh.2022.22.1.3194
M. Endang, M. Fadli, Istislam Istislam, Dewi Cahyandari
Dialectically, previously the handling and settlement of state administrative disputes used Law Number 5 of 1986 concerning the Administrative Court Law which was twice revised with Law Number 9 of 2004 and Law Number 51 of 2009 as the legal instrument of the procedure ( thesis). However, currently, the procedural law used in resolving state administrative and government administrative disputes also uses the Supreme Court Regulation instrument. This is because the Administrative Court Law Law cannot accommodate the development of material administrative law requirements and administrative law enforcement provided by sectoral laws. Apart from that, in practice, there have been changes and shifts in most of the content of procedural law (material and formal) in the Administrative Court Law. This shift was influenced by the enactment of Law Number 30 of 2014 concerning Government Administration and sectoral laws which later became the basis for the formation of a Supreme Court Regulation. The two regulations later became guidelines for proceedings in the Administrative Court Law which had a paradoxical relationship. In one aspect, there is an interrelation between the law on Administrative Court Laws, the law on government administration, and the regulations of the Supreme Court, but in other aspects, it creates an antinomy of norms. Therefore, it is important in legal reform to encourage systematic thinking to synchronize and harmonize the material and formal content of the material and formal procedural laws that are unified as a synthesis.Keywords: dialectics, harmonization of law, shifting, state administration judicial procedural law
{"title":"Dialectics of the Urgency of Reforming The Law of State Administrative Justice as a Synthesis","authors":"M. Endang, M. Fadli, Istislam Istislam, Dewi Cahyandari","doi":"10.20884/1.jdh.2022.22.1.3194","DOIUrl":"https://doi.org/10.20884/1.jdh.2022.22.1.3194","url":null,"abstract":"Dialectically, previously the handling and settlement of state administrative disputes used Law Number 5 of 1986 concerning the Administrative Court Law which was twice revised with Law Number 9 of 2004 and Law Number 51 of 2009 as the legal instrument of the procedure ( thesis). However, currently, the procedural law used in resolving state administrative and government administrative disputes also uses the Supreme Court Regulation instrument. This is because the Administrative Court Law Law cannot accommodate the development of material administrative law requirements and administrative law enforcement provided by sectoral laws. Apart from that, in practice, there have been changes and shifts in most of the content of procedural law (material and formal) in the Administrative Court Law. This shift was influenced by the enactment of Law Number 30 of 2014 concerning Government Administration and sectoral laws which later became the basis for the formation of a Supreme Court Regulation. The two regulations later became guidelines for proceedings in the Administrative Court Law which had a paradoxical relationship. In one aspect, there is an interrelation between the law on Administrative Court Laws, the law on government administration, and the regulations of the Supreme Court, but in other aspects, it creates an antinomy of norms. Therefore, it is important in legal reform to encourage systematic thinking to synchronize and harmonize the material and formal content of the material and formal procedural laws that are unified as a synthesis.Keywords: dialectics, harmonization of law, shifting, state administration judicial procedural law","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"86 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132163866","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 : 2022-05-28DOI: 10.20884/1.jdh.2022.22.2.3427
F. Sudewo, Dinar Mahardika
The subject matter of this research is about how consumer protection is regulated in cyber law in Indonesia. Legal protection of consumers in buying and selling transactions through electronic media is regulated in Law Number 8 of 1999 concerning Consumer Protection, Law Number 7 of 2014 concerning Trade and Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions. The type of research used in this research is library research with a normative basis. While the approach used by the author is the statute approach so that the primary source of material is obtained from statutory literature, minutes or official records in making legislation, and judges' decisions. The research results show: First, the need to create a consumer protection system that contains elements of legal certainty. Second, legal protection for consumers in buying and selling transactions through electronic media consists of two concepts of legal protection, namely preventive legal protection and repressive legal protection.Keywords: Legal Protection, Consumers; Electronic buying and selling transactions
{"title":"The Existence of Consumer Protection in the Perspective of Cyber Law in Indonesia","authors":"F. Sudewo, Dinar Mahardika","doi":"10.20884/1.jdh.2022.22.2.3427","DOIUrl":"https://doi.org/10.20884/1.jdh.2022.22.2.3427","url":null,"abstract":"The subject matter of this research is about how consumer protection is regulated in cyber law in Indonesia. Legal protection of consumers in buying and selling transactions through electronic media is regulated in Law Number 8 of 1999 concerning Consumer Protection, Law Number 7 of 2014 concerning Trade and Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions. The type of research used in this research is library research with a normative basis. While the approach used by the author is the statute approach so that the primary source of material is obtained from statutory literature, minutes or official records in making legislation, and judges' decisions. The research results show: First, the need to create a consumer protection system that contains elements of legal certainty. Second, legal protection for consumers in buying and selling transactions through electronic media consists of two concepts of legal protection, namely preventive legal protection and repressive legal protection.Keywords: Legal Protection, Consumers; Electronic buying and selling transactions","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126922209","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 : 2022-05-16DOI: 10.20884/1.jdh.2022.22.2.3391
Marsitiningsih Marsitiningsih, Wafa Nihayati Inayah, Ade Muhammad Syamkirana Putra
Article 33 paragraph (1) of the 1945 Constitution and its Explanation which refers to the notion of a typical corporate structure because of the definition of cooperatives in Law Number 17 of 2012 concerning Cooperatives, it turns out that the philosophy is not in accordance with the nature of the economic structure as a joint venture and the kinship-based principle contained in Article 33 paragraph (1) of the 1945 Constitution. Similarly, this understanding has apparently been elaborated in other articles in Law Number 17 of 2012 concerning Cooperatives, thus making the rights and obligations of members by making the supervisory authority too extensively and a capital scheme that prioritizes material and financial capital that overrides social capital which is precisely the fundamental characteristic of cooperatives as a distinct entity of economic actors based on the 1945 Constitution. On the other hand, cooperatives are the same and no different from limited liability companies. This has made cooperatives lose their constitutional soul as an entity of typical economic actors for a nation with a mutual cooperation philosophy.Keywords: Cooperatives, Constitutional Court Verdict, Economy
{"title":"An Analysis of Constitutional Court Verdict Number 28/PUU-XI/2013 on Law Number 17 of 2012 About Cooperatives","authors":"Marsitiningsih Marsitiningsih, Wafa Nihayati Inayah, Ade Muhammad Syamkirana Putra","doi":"10.20884/1.jdh.2022.22.2.3391","DOIUrl":"https://doi.org/10.20884/1.jdh.2022.22.2.3391","url":null,"abstract":"Article 33 paragraph (1) of the 1945 Constitution and its Explanation which refers to the notion of a typical corporate structure because of the definition of cooperatives in Law Number 17 of 2012 concerning Cooperatives, it turns out that the philosophy is not in accordance with the nature of the economic structure as a joint venture and the kinship-based principle contained in Article 33 paragraph (1) of the 1945 Constitution. Similarly, this understanding has apparently been elaborated in other articles in Law Number 17 of 2012 concerning Cooperatives, thus making the rights and obligations of members by making the supervisory authority too extensively and a capital scheme that prioritizes material and financial capital that overrides social capital which is precisely the fundamental characteristic of cooperatives as a distinct entity of economic actors based on the 1945 Constitution. On the other hand, cooperatives are the same and no different from limited liability companies. This has made cooperatives lose their constitutional soul as an entity of typical economic actors for a nation with a mutual cooperation philosophy.Keywords: Cooperatives, Constitutional Court Verdict, Economy","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115924449","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 : 2022-05-12DOI: 10.20884/1.jdh.2021.21.2.3192
Kana Purwadi, Hendra Sukarman, Dhaneswara Awindra Wijaya
The second and fourth amendment of 1945 Constitution has placed right to health as a human right. The state is obliged to fulfill health services that consists of promotive, preventive, curative and rehabilitative health services. The state is also obliged to provide a proper health service facility. The term “proper” presuppose to fulfil a particular standard. Since 8th June of 2020 to the inception of the Omnibus Law the hospital accreditation standard is based on the Health Ministry Regulation No. 12 of 2020. The inception of the Omnibus Law on 2nd November of 2020 is impacting the Law No. 44 of 2009 regarding hospital specifically associated with hospital accreditation. This research analyzes the legal certainty of human’s right to health fulfilment within Omnibus Law through the hospital accreditation settings and the urgency under the establishment of Pancasila law. The used research methodology to analyze are normative juridical by examining norms in the legislation system, conducted by researching legal materials and legal documents.Keywords: Legal certainty, omnimbus law, health law, hospital accreditation
{"title":"Legal Certainty: Fulfillment of Human Rights Regarding Health Within Omnibus Law Through Hospital Acreditation","authors":"Kana Purwadi, Hendra Sukarman, Dhaneswara Awindra Wijaya","doi":"10.20884/1.jdh.2021.21.2.3192","DOIUrl":"https://doi.org/10.20884/1.jdh.2021.21.2.3192","url":null,"abstract":"The second and fourth amendment of 1945 Constitution has placed right to health as a human right. The state is obliged to fulfill health services that consists of promotive, preventive, curative and rehabilitative health services. The state is also obliged to provide a proper health service facility. The term “proper” presuppose to fulfil a particular standard. Since 8th June of 2020 to the inception of the Omnibus Law the hospital accreditation standard is based on the Health Ministry Regulation No. 12 of 2020. The inception of the Omnibus Law on 2nd November of 2020 is impacting the Law No. 44 of 2009 regarding hospital specifically associated with hospital accreditation. This research analyzes the legal certainty of human’s right to health fulfilment within Omnibus Law through the hospital accreditation settings and the urgency under the establishment of Pancasila law. The used research methodology to analyze are normative juridical by examining norms in the legislation system, conducted by researching legal materials and legal documents.Keywords: Legal certainty, omnimbus law, health law, hospital accreditation","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121684648","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 : 2022-03-31DOI: 10.20884/1.jdh.2021.21.1.2982
Hendra Sukarman, Kana Purwadi, Intan Muttoharoh
This study discusses the concept of Land reform which has evolved in line with the function of land as a production factor, a source of wealth, a status symbol, and a source of social or political influence. Finally returned the commitment to run the Land reform program to the state officials to make it happen. The Land reform Agenda cannot proceed without the participation of the State. The research method used is descriptive-analytical and uses a normative juridical approach. Data collection techniques use library research and field studies. However, it cannot deny that land reform in Indonesia is none other than the objective of the Agrarian Act number 5 of 1960 itself as the basis for the existence of people's welfare, it always been a reference for land law in our country, including efforts to reform in the land sector. Land reform in Indonesia has entered 3 (three) periods: Old Order, New Order, and Reform. Proves that the land reform program is mandatory, so it is necessary to carry out a comprehensive evaluation in various regions regarding this land reform program .
{"title":"Land Reform: Government Effort in Prospering Rural Communities","authors":"Hendra Sukarman, Kana Purwadi, Intan Muttoharoh","doi":"10.20884/1.jdh.2021.21.1.2982","DOIUrl":"https://doi.org/10.20884/1.jdh.2021.21.1.2982","url":null,"abstract":"This study discusses the concept of Land reform which has evolved in line with the function of land as a production factor, a source of wealth, a status symbol, and a source of social or political influence. Finally returned the commitment to run the Land reform program to the state officials to make it happen. The Land reform Agenda cannot proceed without the participation of the State. The research method used is descriptive-analytical and uses a normative juridical approach. Data collection techniques use library research and field studies. However, it cannot deny that land reform in Indonesia is none other than the objective of the Agrarian Act number 5 of 1960 itself as the basis for the existence of people's welfare, it always been a reference for land law in our country, including efforts to reform in the land sector. Land reform in Indonesia has entered 3 (three) periods: Old Order, New Order, and Reform. Proves that the land reform program is mandatory, so it is necessary to carry out a comprehensive evaluation in various regions regarding this land reform program .","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"82 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121704604","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 : 2022-03-30DOI: 10.20884/1.jdh.2021.21.2.3154
Sulaiman Rasyid, Joko Setiyono
Corruption is a serious threat to the stability and security of the state and the international community and has weakened institutions, democratic values and justice. This article discusses extradition arrangements in Indonesian law and discusses efforts to eradicate corruption through extradition agreements. In conducting this research, this research uses a literature study research method. The results of this study are extradition can be carried out based on an agreement and if there is no agreement between the two countries, then extradition can be carried out on the basis of good relations between countries. If there is no previous extradition treaty between the requesting country and the requested country, the requesting country can request arrest through INTERPOL. In terms of returning assets resulting from corruption, there is a Mutual Legal Assistance in Criminal Matters (MLA) mechanism that can be applied this is because corruption is considered a serious crime and this crime is transnational in nature so it requires cooperation between countries to eradicate it.Keywords: extradition; corruption; serious crimes; law enforcement
{"title":"Extradition Arrangements in Efforts to Eradicate Corruption Crimes in Indonesia","authors":"Sulaiman Rasyid, Joko Setiyono","doi":"10.20884/1.jdh.2021.21.2.3154","DOIUrl":"https://doi.org/10.20884/1.jdh.2021.21.2.3154","url":null,"abstract":"Corruption is a serious threat to the stability and security of the state and the international community and has weakened institutions, democratic values and justice. This article discusses extradition arrangements in Indonesian law and discusses efforts to eradicate corruption through extradition agreements. In conducting this research, this research uses a literature study research method. The results of this study are extradition can be carried out based on an agreement and if there is no agreement between the two countries, then extradition can be carried out on the basis of good relations between countries. If there is no previous extradition treaty between the requesting country and the requested country, the requesting country can request arrest through INTERPOL. In terms of returning assets resulting from corruption, there is a Mutual Legal Assistance in Criminal Matters (MLA) mechanism that can be applied this is because corruption is considered a serious crime and this crime is transnational in nature so it requires cooperation between countries to eradicate it.Keywords: extradition; corruption; serious crimes; law enforcement","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126593426","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 : 2022-03-30DOI: 10.20884/1.jdh.2021.21.2.2845
Renald Markus Sinaga, M. Wardaya
Revenge porn refers to the distribution of sexually explicit images without the consent of the pictured individual, in most cases, this happens when someone decides to end the relationship with their partner, the partner who refused their decision then threatens to spread their sexually explicit images on the internet. So far, the existing legal system only accommodates aspects of criminal prosecution for non-consensual pornography offenders. However, if we conduct further observation, the protection that is most needed by the victims is how to reduce the negative impact of this which can harm their future. The right to forget is a right that gives a person the right to delete their data from search engines and other directories under certain circumstances. In a general context, this right is still problematic to adopt because it can threaten the rights for freedom of speech. However, in the context above, this right may be important to be applied for the protection of someone against mistakes made under the age of age. Convention on the Rights of the Child articles 16 & 40 (2) (b) (vii) as explained by the children's rights committee in General comment no. 10 (2007) on Children's rights in juvenile justice in the “Full respect of privacy” section guarantees the rights of child perpetrators of criminal offenses to be kept secret, even in the Beijing rules article 21.1 & 21.2 regulate to avoid stigmatization and/or prejudice or to increase penalties then the record of child offenders is not may be used in subsequent cases when the child is an adult.Keywords: child porn; human rights; nonconsensual pornography; porn revenge; right to be forgotten
{"title":"The Right to be Forgotten as Protection for Children Victims of Non-Consensual Pornography Crime","authors":"Renald Markus Sinaga, M. Wardaya","doi":"10.20884/1.jdh.2021.21.2.2845","DOIUrl":"https://doi.org/10.20884/1.jdh.2021.21.2.2845","url":null,"abstract":"Revenge porn refers to the distribution of sexually explicit images without the consent of the pictured individual, in most cases, this happens when someone decides to end the relationship with their partner, the partner who refused their decision then threatens to spread their sexually explicit images on the internet. So far, the existing legal system only accommodates aspects of criminal prosecution for non-consensual pornography offenders. However, if we conduct further observation, the protection that is most needed by the victims is how to reduce the negative impact of this which can harm their future. The right to forget is a right that gives a person the right to delete their data from search engines and other directories under certain circumstances. In a general context, this right is still problematic to adopt because it can threaten the rights for freedom of speech. However, in the context above, this right may be important to be applied for the protection of someone against mistakes made under the age of age. Convention on the Rights of the Child articles 16 & 40 (2) (b) (vii) as explained by the children's rights committee in General comment no. 10 (2007) on Children's rights in juvenile justice in the “Full respect of privacy” section guarantees the rights of child perpetrators of criminal offenses to be kept secret, even in the Beijing rules article 21.1 & 21.2 regulate to avoid stigmatization and/or prejudice or to increase penalties then the record of child offenders is not may be used in subsequent cases when the child is an adult.Keywords: child porn; human rights; nonconsensual pornography; porn revenge; right to be forgotten","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131025117","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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