Pub Date : 2021-12-01DOI: 10.20884/1.jdh.2021.21.1.2878
Hind Sebar, Rohaida Nordin
Canada and New Zealand are the western liberal democracies settled by a predominantly English-speaking majority. Their legal and constitutional system depends on English common law. Both Canada and New Zealand have a high percentage of indigenous peoples irrespective of the 4% difference in Canada and 15% in New Zealand. Both states rank high in global comparisons of human development. There exist many differences in the rights of self-government of indigenous peoples in both Canada and New Zealand. These distinctions in the application of the self- government right in local and regional level greatly impacts how indigenous peoples put self- government into practice and brings forth significant questions about which version of these applications best serves the interests of indigenous peoples. This is a comparative study that expounds the differences between constitutions of both countries together with the distinctions in the rights of self-government of indigenous peoples. By using the legal combative method to compare constitutions of Canada and New Zealand and their policies regarding rights of self-government of indigenous peoples, this study concludes that with respect to clear constitutional and legislative recognition of the right of self -government Canada is more advanced. Additionally, this study points out significant institutional work differences between indigenous peoples’ self-government rights in both countries. Keywords- Canada; Indigenous peoples; indigenous rights; Native; New Zealand; Self-government.
{"title":"Rights of the Indigenous Peoples to Self-Government: A Comparative Analysis between New Zealand and Canada","authors":"Hind Sebar, Rohaida Nordin","doi":"10.20884/1.jdh.2021.21.1.2878","DOIUrl":"https://doi.org/10.20884/1.jdh.2021.21.1.2878","url":null,"abstract":"Canada and New Zealand are the western liberal democracies settled by a predominantly English-speaking majority. Their legal and constitutional system depends on English common law. Both Canada and New Zealand have a high percentage of indigenous peoples irrespective of the 4% difference in Canada and 15% in New Zealand. Both states rank high in global comparisons of human development. There exist many differences in the rights of self-government of indigenous peoples in both Canada and New Zealand. These distinctions in the application of the self- government right in local and regional level greatly impacts how indigenous peoples put self- government into practice and brings forth significant questions about which version of these applications best serves the interests of indigenous peoples. This is a comparative study that expounds the differences between constitutions of both countries together with the distinctions in the rights of self-government of indigenous peoples. By using the legal combative method to compare constitutions of Canada and New Zealand and their policies regarding rights of self-government of indigenous peoples, this study concludes that with respect to clear constitutional and legislative recognition of the right of self -government Canada is more advanced. Additionally, this study points out significant institutional work differences between indigenous peoples’ self-government rights in both countries. Keywords- Canada; Indigenous peoples; indigenous rights; Native; New Zealand; Self-government.","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116082488","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 : 2021-12-01DOI: 10.20884/1.jdh.2021.21.1.2860
Tuti Widyaningrum, Khalimi Khalimi
In a democratic state, each person should ideally be equal before the law and government. ver, in Indonesia, this was not fully obtained by, Indigenous Beliefs or known as Penghayat Kepercayaan terhadap Tuhan YME. The most significant obstacle for Indigenous Beliefs is to obtain the rights of organizational registration. Even though there is a Decree of the Constitutional Court No. 97/PUU-XIV/2016 that has equalized the position of religion and belief, there is still discrimination against Indigenous Beliefs. When they want to access their rights of citizens, they always encountered the requirements of organizational registration. This research seeks to investigate how to democratize organizational registration of Indigenous Beliefs followers in order to be able to create the equality and justice. This research employed a normative juridical method with a legal history approach to observe the extent of the historical context of the formation of legislation on Indigenous Beliefs followers’ organization.Keywords: Democracy; Indigenous Beliefs; Organization
在一个民主国家，每个人在法律和政府面前都应该平等。然而，在印度尼西亚，土著信仰(Penghayat Kepercayaan terhadap Tuhan YME)并没有完全获得这一点。土著信仰面临的最大障碍是获得组织登记的权利。尽管宪法法院颁布了第97/PUU-XIV/2016号法令，使宗教和信仰的地位平等，但对土著信仰的歧视仍然存在。当他们想要获得公民的权利时，他们总是遇到组织登记的要求。本研究旨在探讨如何将原住民信仰追随者的组织登记民主化，以创造平等与正义。本研究采用规范司法方法结合法律史方法，观察原住民信仰组织立法形成的历史脉络。关键词:民主;土著信仰;组织
{"title":"THE DEMOCRATIZATION OF THE ORGANIZATIONAL REGISTRATION OF INDIGENOUS BELIEFS FOR FULFILLING THE RIGHT OF CITIZENS","authors":"Tuti Widyaningrum, Khalimi Khalimi","doi":"10.20884/1.jdh.2021.21.1.2860","DOIUrl":"https://doi.org/10.20884/1.jdh.2021.21.1.2860","url":null,"abstract":"In a democratic state, each person should ideally be equal before the law and government. ver, in Indonesia, this was not fully obtained by, Indigenous Beliefs or known as Penghayat Kepercayaan terhadap Tuhan YME. The most significant obstacle for Indigenous Beliefs is to obtain the rights of organizational registration. Even though there is a Decree of the Constitutional Court No. 97/PUU-XIV/2016 that has equalized the position of religion and belief, there is still discrimination against Indigenous Beliefs. When they want to access their rights of citizens, they always encountered the requirements of organizational registration. This research seeks to investigate how to democratize organizational registration of Indigenous Beliefs followers in order to be able to create the equality and justice. This research employed a normative juridical method with a legal history approach to observe the extent of the historical context of the formation of legislation on Indigenous Beliefs followers’ organization.Keywords: Democracy; Indigenous Beliefs; Organization","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"138 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116387592","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 : 2021-12-01DOI: 10.20884/1.jdh.2021.21.1.2869
N. Hidayat, Iman Zukhrufi Nur Azzam
The Green Letter is one of the phenomenon of Land Law in the Surabaya City, because it creates a conflict of interest relating to rights, obligations and authorities, between the Green Letter holder and the Surabaya City Government. The conflict of interest results in injustice and legal uncertainity, for the parties of the conflict. This research aims to provide a conflict of interest resolution discourse on the existence of the Green Letter in the Surabaya City. This research is a doctrinal legal research with historical, statute, and conceptual approaches, as well as non-doctrinal legal research, with a socio-legal approach. In this study, it was found that the positive and negative impacts of Green Letter on the parties to the conflict, could be resolved by deliberation to reach consensus.Keywords: Conflict Resolution; Green Letter; Surabaya
{"title":"Conflict Resolution Discourse of Green Letter in Surabaya","authors":"N. Hidayat, Iman Zukhrufi Nur Azzam","doi":"10.20884/1.jdh.2021.21.1.2869","DOIUrl":"https://doi.org/10.20884/1.jdh.2021.21.1.2869","url":null,"abstract":"The Green Letter is one of the phenomenon of Land Law in the Surabaya City, because it creates a conflict of interest relating to rights, obligations and authorities, between the Green Letter holder and the Surabaya City Government. The conflict of interest results in injustice and legal uncertainity, for the parties of the conflict. This research aims to provide a conflict of interest resolution discourse on the existence of the Green Letter in the Surabaya City. This research is a doctrinal legal research with historical, statute, and conceptual approaches, as well as non-doctrinal legal research, with a socio-legal approach. In this study, it was found that the positive and negative impacts of Green Letter on the parties to the conflict, could be resolved by deliberation to reach consensus.Keywords: Conflict Resolution; Green Letter; Surabaya","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116460726","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 : 2021-11-10DOI: 10.20884/1.JDH.2020.20.2.2938
S. Supanto, Ismunarno Ismunarno, S. Slamet, Tika Andarasni Parwitasari, Rofikah Rofikah
This research aims to examine the answers to problems related to the studyof the differences in the development of the drug convicts as regulated in LawNumber 12 of 1995 concerning Corrections. Accompanied by the implementationof guidance carried out by correctional officers for the drug (narcotics) assistedresidents, especially drug users so that these assisted residents can be re-socialized in order to realize restorative justice and the public can accept their presence again. There are several obstacles to coaching drug convicts, especially narcotics users. This study uses primary and secondary data. Direct interviews obtained primary data because during the Covid 19 pandemic; interviews were conducted online with the Cipinang Penitentiary's narcotics. Secondary data is taken from books, magazines, journals on the development of narcotics convicts. After the data has been collected, data processing and analysis are carried out and presented in the form of a report resulting from the research. From the research, it is concluded that there are differences in the coaching of the Narcotics criminal offenders concerning the intentions, the health conditions of the perpetrators and some of the coaching carried out in Correctional Institutions, especially medical, social, psychological rehabilitation, several things become obstacles in coaching, including the problem of apparatuses coordination, differences the understanding of the judge tends to punish, not rehabilitation, neglect of assessment. Keywords: Model, Development, Convict, Narcotics.
{"title":"Implementation of Drug (Narcotics) Convicts Development Models in The Correctional Institution","authors":"S. Supanto, Ismunarno Ismunarno, S. Slamet, Tika Andarasni Parwitasari, Rofikah Rofikah","doi":"10.20884/1.JDH.2020.20.2.2938","DOIUrl":"https://doi.org/10.20884/1.JDH.2020.20.2.2938","url":null,"abstract":"This research aims to examine the answers to problems related to the studyof the differences in the development of the drug convicts as regulated in LawNumber 12 of 1995 concerning Corrections. Accompanied by the implementationof guidance carried out by correctional officers for the drug (narcotics) assistedresidents, especially drug users so that these assisted residents can be re-socialized in order to realize restorative justice and the public can accept their presence again. There are several obstacles to coaching drug convicts, especially narcotics users. This study uses primary and secondary data. Direct interviews obtained primary data because during the Covid 19 pandemic; interviews were conducted online with the Cipinang Penitentiary's narcotics. Secondary data is taken from books, magazines, journals on the development of narcotics convicts. After the data has been collected, data processing and analysis are carried out and presented in the form of a report resulting from the research. From the research, it is concluded that there are differences in the coaching of the Narcotics criminal offenders concerning the intentions, the health conditions of the perpetrators and some of the coaching carried out in Correctional Institutions, especially medical, social, psychological rehabilitation, several things become obstacles in coaching, including the problem of apparatuses coordination, differences the understanding of the judge tends to punish, not rehabilitation, neglect of assessment. Keywords: Model, Development, Convict, Narcotics.","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"129 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115179363","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 : 2021-10-28DOI: 10.20884/1.JDH.2020.20.1.2838
Belardo Prasetya Mega Jaya, Muhamad Uut Lutfi
Indonesia gets loss on some fields like economy, ecology, and social because of so many IUU-Fishing practices in Indonesia Fisheries Management Areas (FMA). Law enforcement is needed in handling the problem. Therefore, the aims of the research are : (1) to analyze how the law enforcement of foreign vessels which did IUU-Fishing in Indonesia Fisheries Management Areas (FMA) is inappropriate with the international law and the national law; (2) to explain how the procedure of law enforcement. This research used normative legal research. The result shows that Indonesia will act decisively every foreign vessels which did IUU-Fishing in Indonesia Fisheries Management Areas. Indonesia has enforced the law by burning and/or sinking every foreign vessel which did IUU-Fishing in Indonesian waters. Whereas in Indonesian Exclusive Economic Zone (IEEZ) would be punished by administrative sanctions and should pay a reasonable bond afterward the vessel and its crew would be deported to their country.
{"title":"The Law Enforcement Towards Foreign Vessels Which Did Illegal, Unreported and Unregulated Fishing (IUU-Fishing) In Indonesia Fisheries Management Areas","authors":"Belardo Prasetya Mega Jaya, Muhamad Uut Lutfi","doi":"10.20884/1.JDH.2020.20.1.2838","DOIUrl":"https://doi.org/10.20884/1.JDH.2020.20.1.2838","url":null,"abstract":"Indonesia gets loss on some fields like economy, ecology, and social because of so many IUU-Fishing practices in Indonesia Fisheries Management Areas (FMA). Law enforcement is needed in handling the problem. Therefore, the aims of the research are : (1) to analyze how the law enforcement of foreign vessels which did IUU-Fishing in Indonesia Fisheries Management Areas (FMA) is inappropriate with the international law and the national law; (2) to explain how the procedure of law enforcement. This research used normative legal research. The result shows that Indonesia will act decisively every foreign vessels which did IUU-Fishing in Indonesia Fisheries Management Areas. Indonesia has enforced the law by burning and/or sinking every foreign vessel which did IUU-Fishing in Indonesian waters. Whereas in Indonesian Exclusive Economic Zone (IEEZ) would be punished by administrative sanctions and should pay a reasonable bond afterward the vessel and its crew would be deported to their country. ","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120968358","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 : 2021-10-28DOI: 10.20884/1.JDH.2020.20.1.2846
N. Utami
Population problems have broad dimensional aspects so that partnerships are needed with the formation of Population Coalition. Central Java Province is one of the provinces in Indonesia which has a Population Coalition based on Decree of the General Chairperson of the Indonesian Coalition for Population and Development Number: 002/SK/KK-PROV/III/2019. Therefore, it is very important to examine the implementation of Population Coalition policies and the factors that influence their implementation at the provincial level. This research is qualitative research with a sociological juridical approach. The results showed that the Population Coalition policies in Central Java Province have been implemented under collaboration with the Youth Population Coalition and various related institutions/stakeholders in strengthening the Population, Family Planning, and Family Development programs. The factors that influence the implementation of the Central Java Province Population Committee regulation, facilities, and infrastructure, as well as community and cultural factors that still do not care about population problems.Keywords: Policy, Population Coalition, Population Program, Family Planning, Family Development.
{"title":"Population Coalition Policy as an Effort to Strengthen Population, Family Planning and Family Development Programs in Central Java Province","authors":"N. Utami","doi":"10.20884/1.JDH.2020.20.1.2846","DOIUrl":"https://doi.org/10.20884/1.JDH.2020.20.1.2846","url":null,"abstract":"Population problems have broad dimensional aspects so that partnerships are needed with the formation of Population Coalition. Central Java Province is one of the provinces in Indonesia which has a Population Coalition based on Decree of the General Chairperson of the Indonesian Coalition for Population and Development Number: 002/SK/KK-PROV/III/2019. Therefore, it is very important to examine the implementation of Population Coalition policies and the factors that influence their implementation at the provincial level. This research is qualitative research with a sociological juridical approach. The results showed that the Population Coalition policies in Central Java Province have been implemented under collaboration with the Youth Population Coalition and various related institutions/stakeholders in strengthening the Population, Family Planning, and Family Development programs. The factors that influence the implementation of the Central Java Province Population Committee regulation, facilities, and infrastructure, as well as community and cultural factors that still do not care about population problems.Keywords: Policy, Population Coalition, Population Program, Family Planning, Family Development.","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"30 25","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133424370","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 : 2021-10-28DOI: 10.20884/1.JDH.2020.20.1.2599
Indriati Amarini
Perdamaian melalui lembaga pengadilan diterapkan dalam lembaga pengadilan di Indonesia sejak jaman Hindia Belanda tahun 1848, namun western model tersebut tidak berhasil. Tujuan penelitian ini untuk menganalisis model pendekatan hakim dalam proses mediasi di pengadilan. Penelitian ini menggunakan pendekatan filosofis dan konseptual. D ata yang digunakan adalah data sekunder terkait dengan pendekatan hakim dalam court connected mediation untuk menyelesaikan sengketa. Data dikumpulkan menggunakan studi literatur dengan mencari, menggali, mengumpulkan dan menganalisis data yang diperlukan. Data analysis was carried out by qualitative analysis until conclusion were deduced. Penelitian menunjukkan bahwa Mahkamah Agung telah mengembangkan mediasi di Pengadilan namun tidak maksimal melalui Peraturan Mahkamah Agung tentang mediasi di Pengadilan. Pendekatan yang perlu dilakukan hakim adalah pendekatan yang sesuai dengan budaya masyarakat setempat . Hal ini sejalan dengan adanya kewajiban hakim dalam mewujudkan amanat luhur yaitu mengakomodasi nilai-nilai hukum yang hidup dalam masyarakat.
{"title":"Court Connected Mediation: Civil Dispute with A Local Society Cultural Approach","authors":"Indriati Amarini","doi":"10.20884/1.JDH.2020.20.1.2599","DOIUrl":"https://doi.org/10.20884/1.JDH.2020.20.1.2599","url":null,"abstract":"Perdamaian melalui lembaga pengadilan diterapkan dalam lembaga pengadilan di Indonesia sejak jaman Hindia Belanda tahun 1848, namun western model tersebut tidak berhasil. Tujuan penelitian ini untuk menganalisis model pendekatan hakim dalam proses mediasi di pengadilan. Penelitian ini menggunakan pendekatan filosofis dan konseptual. D ata yang digunakan adalah data sekunder terkait dengan pendekatan hakim dalam court connected mediation untuk menyelesaikan sengketa. Data dikumpulkan menggunakan studi literatur dengan mencari, menggali, mengumpulkan dan menganalisis data yang diperlukan. Data analysis was carried out by qualitative analysis until conclusion were deduced. Penelitian menunjukkan bahwa Mahkamah Agung telah mengembangkan mediasi di Pengadilan namun tidak maksimal melalui Peraturan Mahkamah Agung tentang mediasi di Pengadilan. Pendekatan yang perlu dilakukan hakim adalah pendekatan yang sesuai dengan budaya masyarakat setempat . Hal ini sejalan dengan adanya kewajiban hakim dalam mewujudkan amanat luhur yaitu mengakomodasi nilai-nilai hukum yang hidup dalam masyarakat.","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129069073","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 : 2021-10-28DOI: 10.20884/1.JDH.2020.20.1.2921
Bayu Sujadmiko
Recommendations of BPK in 2019 in the form of depositing money to Lampung Province, just 70% of it has been completed. The Government Internal Supervisory Apparatus does not encourage the continuity of recommendations. This study will focus on examining law enforcement on BPK recommendations related to regional financial findings that have not been acted by regional entities, analyzing obstacles to law enforcement and analysing ideal law enforcement through recommendations.This study uses empirical juridical approach. The results show that law enforcement on BPK recommendations related to regional financial findings that have not been acted upon by regional entities. Regional entities do not follow up on BPK recommendations fully, BPK will submit the disobedience to law enforcement. Furthermore, the recommendations should have improvements to the material of sanctions norms. Hence, improving the mentality of law officers, improving a commitment, maximizing the supervisory function, evaluating and monitoring the progress of the entity.
{"title":"Unimplemented of Audit Board Recommendation: Legal Review and Asset Recovery","authors":"Bayu Sujadmiko","doi":"10.20884/1.JDH.2020.20.1.2921","DOIUrl":"https://doi.org/10.20884/1.JDH.2020.20.1.2921","url":null,"abstract":"Recommendations of BPK in 2019 in the form of depositing money to Lampung Province, just 70% of it has been completed. The Government Internal Supervisory Apparatus does not encourage the continuity of recommendations. This study will focus on examining law enforcement on BPK recommendations related to regional financial findings that have not been acted by regional entities, analyzing obstacles to law enforcement and analysing ideal law enforcement through recommendations.This study uses empirical juridical approach. The results show that law enforcement on BPK recommendations related to regional financial findings that have not been acted upon by regional entities. Regional entities do not follow up on BPK recommendations fully, BPK will submit the disobedience to law enforcement. Furthermore, the recommendations should have improvements to the material of sanctions norms. Hence, improving the mentality of law officers, improving a commitment, maximizing the supervisory function, evaluating and monitoring the progress of the entity.","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133566257","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 : 2021-10-28DOI: 10.20884/1.JDH.2020.20.1.2874
R. Robert, Rosa Agustina, B. Nasution
Bankruptcy is a system that was created to provide financially distressed debtors relief from their debts while providing the creditors with a fair portion of the debtors’ assets. Unfortunately, certain parties might attempt to beat the system unfairly. The goals of this study are to compare Title 18 United States Code with Indonesia’s legal system regarding bankruptcy fraud and how the Indonesian bankruptcy law ought to be in regulating bankruptcy fraud. This research is qualitative, using a black letter method and legal comparative approach. The result of this study shows that Indonesian bankruptcy law does not regulate provisions regarding bankruptcy fraud as comprehensive as Title 18 United States Code. It is suggested that the Indonesian government amends the bankruptcy law, therefore the public’s confidence in the bankruptcy system can be preserved while providing a deterrence effect for the participants who might exploit the bankruptcy system for their advantages. Keywords: bankruptcy; bankruptcy crime; fraud; white collar crime
{"title":"Punishing The Bankruptcy Fraudsters: What Can Indonesia Learn from United States of America?","authors":"R. Robert, Rosa Agustina, B. Nasution","doi":"10.20884/1.JDH.2020.20.1.2874","DOIUrl":"https://doi.org/10.20884/1.JDH.2020.20.1.2874","url":null,"abstract":"Bankruptcy is a system that was created to provide financially distressed debtors relief from their debts while providing the creditors with a fair portion of the debtors’ assets. Unfortunately, certain parties might attempt to beat the system unfairly. The goals of this study are to compare Title 18 United States Code with Indonesia’s legal system regarding bankruptcy fraud and how the Indonesian bankruptcy law ought to be in regulating bankruptcy fraud. This research is qualitative, using a black letter method and legal comparative approach. The result of this study shows that Indonesian bankruptcy law does not regulate provisions regarding bankruptcy fraud as comprehensive as Title 18 United States Code. It is suggested that the Indonesian government amends the bankruptcy law, therefore the public’s confidence in the bankruptcy system can be preserved while providing a deterrence effect for the participants who might exploit the bankruptcy system for their advantages. Keywords: bankruptcy; bankruptcy crime; fraud; white collar crime","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131282995","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 : 2021-10-28DOI: 10.20884/1.JDH.2020.20.1.2936
Lusia Sulastri, Norcha Satria Adi Nugroho
Historically the organizational system experienced various advocate conflicts. This study aims to review and analyse the dynamics and the weaknesses on the regulation of advocate organizations system, and to formulate the reconstruction of the implementation of the advocate organization system as an accountability for the quality of a profession based on the value of justice. The results of the study indicate that, initially, the advocate organizational system as a single bar association leads to multi bar association. Among the weaknesses on the regulation of advocate organizations are the lack of a solid advocate organization, compulsion to establish new advocate organization, a judicial intervention in the administration of an advocate's oath, commercialization of special education for advocate without any standardized curriculum and test. Reconstruction is necessary in order to increase accountability for the quality of the profession based on the value of justice.
{"title":"Reconstruction on The Regulations of Advocate Organizational System as Accountability for The Quality of Professions","authors":"Lusia Sulastri, Norcha Satria Adi Nugroho","doi":"10.20884/1.JDH.2020.20.1.2936","DOIUrl":"https://doi.org/10.20884/1.JDH.2020.20.1.2936","url":null,"abstract":"Historically the organizational system experienced various advocate conflicts. This study aims to review and analyse the dynamics and the weaknesses on the regulation of advocate organizations system, and to formulate the reconstruction of the implementation of the advocate organization system as an accountability for the quality of a profession based on the value of justice. The results of the study indicate that, initially, the advocate organizational system as a single bar association leads to multi bar association. Among the weaknesses on the regulation of advocate organizations are the lack of a solid advocate organization, compulsion to establish new advocate organization, a judicial intervention in the administration of an advocate's oath, commercialization of special education for advocate without any standardized curriculum and test. Reconstruction is necessary in order to increase accountability for the quality of the profession based on the value of justice.","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131707378","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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