Pub Date : 2023-04-30DOI: 10.19184/jkph.v3i1.33610
Muhammad Vicky Afris Suryono
The use of Smart-Contract has a potential to revolutionize aspects of global trade, given its practical characteristics with complex security systems. The novelty of Smart-Contracts also puts existing regulations to the test despite of legal vacuum. The purpose of this research is to analyze the novelty of this technology that has the potential to be misused, given its novelty which makes Smart-Contract lack comprehensive studies. This lack of study can also be seen in law and regulations that have not anticipated the existence of the Smart-Contract method. The risk of system failure is potentially detrimental in the long term by using of Smart-Contract in Indonesia, given the practicality of business transaction methods. This research uses normative legal research with a conceptual and statutory approach by identifying the potential legal risks of supply chain Smart-Contracts from the perspective of contract law. The results of this study explain that the potential risks of implementing Smart-Contract technology not only have an impact on financial aspects but also produce risks resulting from program failures or system errors. This system failure has the potential to be misused and endanger the interests of the parties involved in it. Indonesian legislation in electronic transactions has not specifically regulated the risk of failure or error in the smart contract system. The suggestion in this research is that stakeholders classify Smart-Contract into Indonesian legal rules so that business actors can have steps in mitigating risks arising from the use of Smart-Contract in the supply chain process.
{"title":"Legal Reforming of Smart Contract in Supply Chain Demands Process between Retailer and Consumer","authors":"Muhammad Vicky Afris Suryono","doi":"10.19184/jkph.v3i1.33610","DOIUrl":"https://doi.org/10.19184/jkph.v3i1.33610","url":null,"abstract":"\u0000The use of Smart-Contract has a potential to revolutionize aspects of global trade, given its practical characteristics with complex security systems. The novelty of Smart-Contracts also puts existing regulations to the test despite of legal vacuum. The purpose of this research is to analyze the novelty of this technology that has the potential to be misused, given its novelty which makes Smart-Contract lack comprehensive studies. This lack of study can also be seen in law and regulations that have not anticipated the existence of the Smart-Contract method. The risk of system failure is potentially detrimental in the long term by using of Smart-Contract in Indonesia, given the practicality of business transaction methods. This research uses normative legal research with a conceptual and statutory approach by identifying the potential legal risks of supply chain Smart-Contracts from the perspective of contract law. The results of this study explain that the potential risks of implementing Smart-Contract technology not only have an impact on financial aspects but also produce risks resulting from program failures or system errors. This system failure has the potential to be misused and endanger the interests of the parties involved in it. Indonesian legislation in electronic transactions has not specifically regulated the risk of failure or error in the smart contract system. The suggestion in this research is that stakeholders classify Smart-Contract into Indonesian legal rules so that business actors can have steps in mitigating risks arising from the use of Smart-Contract in the supply chain process. \u0000","PeriodicalId":313528,"journal":{"name":"Jurnal Kajian Pembaruan Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133280093","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 : 2022-08-31DOI: 10.19184/jkph.v2i2.31193
Anggi Prasetyo, Evoryo Carel Prabhata
COVID-19 pandemic has heavily influenced the legal conduct of a state, especially Sri Lanka. This country is one of the so-called democratic states shown to abuse law conduct under the backdrop of emergency measures, so many people have been detained due to newly enacted policies. Since the beginning of this pandemic, various criticism of pandemic management has addressed the state-triggered government overreaches such as arrestable offenses and internet censorship in the name of public order. This research aims to analyze whether the government's responses to opinions, critics, or any media format that embodies a form of speech are justified as an emergency measure against COVID-19. Then, this paper analyzes further its implication for freedom of speech. In addition, this research aims to challenge the government's measurement of the limitation of freedom of expression in social media. This research analyzes the government's response to securing fundamental rights during emergency regulations. In addition, the Sri Lankan legal framework of previous judicial precedent and state conduct towards the issue will be further analyzed. In addition, various rules from the authoritarian and democratic states compared further understand the framework on freedom of expression. This study showed a declining democratic value in Sri Lanka. Different legal conducts indicated that the Sri Lankan government does not comply with the rule of law and the fundamental rights of its citizen. This study emphasizes the need for immediate legal reform, especially in various mishandled cases. State oppression of freedom of expression harms the public order and threatens state stability.
{"title":"The Trajectory of Democracy in Sri Lanka from the Restriction of the Freedom of Expression during the COVID-19 Pandemic","authors":"Anggi Prasetyo, Evoryo Carel Prabhata","doi":"10.19184/jkph.v2i2.31193","DOIUrl":"https://doi.org/10.19184/jkph.v2i2.31193","url":null,"abstract":"COVID-19 pandemic has heavily influenced the legal conduct of a state, especially Sri Lanka. This country is one of the so-called democratic states shown to abuse law conduct under the backdrop of emergency measures, so many people have been detained due to newly enacted policies. Since the beginning of this pandemic, various criticism of pandemic management has addressed the state-triggered government overreaches such as arrestable offenses and internet censorship in the name of public order. This research aims to analyze whether the government's responses to opinions, critics, or any media format that embodies a form of speech are justified as an emergency measure against COVID-19. Then, this paper analyzes further its implication for freedom of speech. In addition, this research aims to challenge the government's measurement of the limitation of freedom of expression in social media. This research analyzes the government's response to securing fundamental rights during emergency regulations. In addition, the Sri Lankan legal framework of previous judicial precedent and state conduct towards the issue will be further analyzed. In addition, various rules from the authoritarian and democratic states compared further understand the framework on freedom of expression. This study showed a declining democratic value in Sri Lanka. Different legal conducts indicated that the Sri Lankan government does not comply with the rule of law and the fundamental rights of its citizen. This study emphasizes the need for immediate legal reform, especially in various mishandled cases. State oppression of freedom of expression harms the public order and threatens state stability.","PeriodicalId":313528,"journal":{"name":"Jurnal Kajian Pembaruan Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125765352","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 : 2022-08-31DOI: 10.19184/jkph.v2i2.31184
Windisen Windisen
The rise of the world wide web has its janus face. While it is no longer possible to live without it, the internet also causes social issues. One will be examined here is how law can cope with the acceleration amount of fake news. The spread of fake news via the Internet in Indonesia during the COVID-19 pandemic has increasingly resulted in criminalization. One enforcement policy is based on Article 28(1) of Electronic Information and Technology Law 11/2008. The article focused on measuring fake news in light of economic loss, which to some degree, also affected fair business competition. This study was conducted based on two primary considerations. First, the nature of criminal law should be used as the last resort (ultimum remedium) in tackling social issues. Second, and still related to the previous, the damage control of the spread of fake news. In that regard, a doctrinal legal approach was deployed to analyze the formulation and implementation of Article 28(1) of the 11/2008 Law in tackling the fake news phenomenon. This study found that there are ambiguities in interpretation, which affect the law's implementation. To cope with such a problem, the government consists of the Ministry of Communication and Information Technology, Chief of Public Prosecutor, and Chief of State Police enact Joint Decree to provide the guidelines on the application of Article 28(1); the policy should be considered as temporary instead of a permanent solution. This study suggested that in the long run, there is a need to amend Article 28(1).
{"title":"Fake News in the Time of COVID-19 in Indonesia: Criminal Law Issues","authors":"Windisen Windisen","doi":"10.19184/jkph.v2i2.31184","DOIUrl":"https://doi.org/10.19184/jkph.v2i2.31184","url":null,"abstract":"The rise of the world wide web has its janus face. While it is no longer possible to live without it, the internet also causes social issues. One will be examined here is how law can cope with the acceleration amount of fake news. The spread of fake news via the Internet in Indonesia during the COVID-19 pandemic has increasingly resulted in criminalization. One enforcement policy is based on Article 28(1) of Electronic Information and Technology Law 11/2008. The article focused on measuring fake news in light of economic loss, which to some degree, also affected fair business competition. This study was conducted based on two primary considerations. First, the nature of criminal law should be used as the last resort (ultimum remedium) in tackling social issues. Second, and still related to the previous, the damage control of the spread of fake news. In that regard, a doctrinal legal approach was deployed to analyze the formulation and implementation of Article 28(1) of the 11/2008 Law in tackling the fake news phenomenon. This study found that there are ambiguities in interpretation, which affect the law's implementation. To cope with such a problem, the government consists of the Ministry of Communication and Information Technology, Chief of Public Prosecutor, and Chief of State Police enact Joint Decree to provide the guidelines on the application of Article 28(1); the policy should be considered as temporary instead of a permanent solution. This study suggested that in the long run, there is a need to amend Article 28(1).","PeriodicalId":313528,"journal":{"name":"Jurnal Kajian Pembaruan Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133768207","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 : 2022-08-31DOI: 10.19184/jkph.v2i2.25255
Dicky Eko Prasetio, Irfa Ronaboyd
There are provinces in Indonesia considered “archipelagic” and “non-archipelagic.” One criterion is to determine whether a province has an ocean wider than the land, with the so-called matter of geography. The issue raised here is a condition where an archipelagic custom exists in a non-archipelagic province. Such a gap between geographical concern and customary characteristics brings at least two consequences. First, a non-archipelagic province has been set out in the international customary law of the sea, including the 1982 UNCLOS on Traditional Fisheries Rights and the law on the Management of Coastal Islands and Small Islands. Second is the problem of recognizing a unique coastal-oceanic socio-culture in that province. This study was motivated to bridge the two, i.e., the legal and socio-cultural case of the Bajo Tribe in Gorontalo Province. Bajo is a tribe with an archipelagic socio-cultural tradition, while Gorontalo is categorized as a non-archipelagic province. So far, there is no clear legal framework on how the national and international laws captured the existing tradition, custom, and wisdom, as shown in Bajo’s. In this regard, a normative legal method was used by collecting and analyzing how national and international instruments answered the call from the Bajo Community. This study found that, at the core, the main issue was the gap of recognition between geography and socio-cultural perspectives in policy-making. This study also found that the Bajo has experienced a limbo due to the no clear policy on how the existence of their community is accommodated. Finally, this research suggested that an archipelagic tradition such as Bajo’s should be recognized in the non-archipelagic province’s policy to construct a bridge connecting geography and socio-cultural tradition.
{"title":"Bajo Tribal Marine Customary Rights Supervision: A Reform with Archipelagic Characteristics","authors":"Dicky Eko Prasetio, Irfa Ronaboyd","doi":"10.19184/jkph.v2i2.25255","DOIUrl":"https://doi.org/10.19184/jkph.v2i2.25255","url":null,"abstract":"There are provinces in Indonesia considered “archipelagic” and “non-archipelagic.” One criterion is to determine whether a province has an ocean wider than the land, with the so-called matter of geography. The issue raised here is a condition where an archipelagic custom exists in a non-archipelagic province. Such a gap between geographical concern and customary characteristics brings at least two consequences. First, a non-archipelagic province has been set out in the international customary law of the sea, including the 1982 UNCLOS on Traditional Fisheries Rights and the law on the Management of Coastal Islands and Small Islands. Second is the problem of recognizing a unique coastal-oceanic socio-culture in that province. This study was motivated to bridge the two, i.e., the legal and socio-cultural case of the Bajo Tribe in Gorontalo Province. Bajo is a tribe with an archipelagic socio-cultural tradition, while Gorontalo is categorized as a non-archipelagic province. So far, there is no clear legal framework on how the national and international laws captured the existing tradition, custom, and wisdom, as shown in Bajo’s. In this regard, a normative legal method was used by collecting and analyzing how national and international instruments answered the call from the Bajo Community. This study found that, at the core, the main issue was the gap of recognition between geography and socio-cultural perspectives in policy-making. This study also found that the Bajo has experienced a limbo due to the no clear policy on how the existence of their community is accommodated. Finally, this research suggested that an archipelagic tradition such as Bajo’s should be recognized in the non-archipelagic province’s policy to construct a bridge connecting geography and socio-cultural tradition.","PeriodicalId":313528,"journal":{"name":"Jurnal Kajian Pembaruan Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128835762","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 : 2022-08-31DOI: 10.19184/jkph.v2i2.31524
Sulistina Sulistina, Bayu Dwi Anggono, Al Khanif, T. Dinh
The omnibus law model has become a new method of legislative drafting in Indonesia, first applied to the Job Creation Law and later enacted as Law 11/2020. While there were no implicit guidelines in Legislative Drafting Law 12/2011, this adoption was imported from several countries like the United States and Ireland to simplify regulations before the method was subsequently formalized and included in Legislative Drafting Law 13/2022. This paper explored the pathway and dynamics of the omnibus law adoption in Indonesia's law-making procedure and analyzed its further impacts on whether such a method has fruitfully improved the quality of the enacted regulation in establishing a more friendly investment policy. Through doctrinal method, this study showed that the opportunity to apply the omnibus model in Indonesia depends on the effectiveness, success, and benefits of respective regulations. In contrast, the application of the omnibus law model should respect democratic principles and avoid public harm. As shown in three different countries, i.e., Indonesia, the United States, and Canada, public concerns on lack of participation should be taken seriously to hinder undemocratic ends through "democratic" means. Alternatively, accountability of the drafting process should be considered a priority. In summary, the increasing trend of adopting the omnibus model should be first adopted and promulgated through legislative products whose promulgation must be with a formidable law-making procedure.
{"title":"The Pathway of Adopting Omnibus Law in Indonesia's Legislation: Challenges and Opportunities in Legal Reform","authors":"Sulistina Sulistina, Bayu Dwi Anggono, Al Khanif, T. Dinh","doi":"10.19184/jkph.v2i2.31524","DOIUrl":"https://doi.org/10.19184/jkph.v2i2.31524","url":null,"abstract":"The omnibus law model has become a new method of legislative drafting in Indonesia, first applied to the Job Creation Law and later enacted as Law 11/2020. While there were no implicit guidelines in Legislative Drafting Law 12/2011, this adoption was imported from several countries like the United States and Ireland to simplify regulations before the method was subsequently formalized and included in Legislative Drafting Law 13/2022. This paper explored the pathway and dynamics of the omnibus law adoption in Indonesia's law-making procedure and analyzed its further impacts on whether such a method has fruitfully improved the quality of the enacted regulation in establishing a more friendly investment policy. Through doctrinal method, this study showed that the opportunity to apply the omnibus model in Indonesia depends on the effectiveness, success, and benefits of respective regulations. In contrast, the application of the omnibus law model should respect democratic principles and avoid public harm. As shown in three different countries, i.e., Indonesia, the United States, and Canada, public concerns on lack of participation should be taken seriously to hinder undemocratic ends through \"democratic\" means. Alternatively, accountability of the drafting process should be considered a priority. In summary, the increasing trend of adopting the omnibus model should be first adopted and promulgated through legislative products whose promulgation must be with a formidable law-making procedure.","PeriodicalId":313528,"journal":{"name":"Jurnal Kajian Pembaruan Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132533204","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 : 2022-08-31DOI: 10.19184/jkph.v2i2.23400
N. Solikin, Anis Rohmatullah
Following the enactment of Advocate Law 18/2003, Indonesian Bar Association must commence a proposal for the advocate's oath before the High Court. As per the rules, the oath should be submitted by a single bar, whereas there has been more than one advocate association in Indonesia. Each association has claimed to be a legitimate "Indonesian Bar Association" in administrating lawyers. In short, while the law demands a single bar system, the reality asserts a multi-bar. This study aimed to portray the entanglement of the dynamics of legal politics during the drafting process of the Advocate Law and, at the same time to analyze the development of the Indonesian Bar Association. This study used the normative juridical legal approach to examine law and other relevant materials. This study showed that the bar organization in Indonesia has long historical roots that can be traced back to the Dutch East Indies era in which Indonesia, in the post-independence period, adopted the Dutch's single bar system. However, a unified single bar system has been hard to achieve and still out of sight. With the growing number of bars in Indonesia, the Supreme Court then recently enacted the Supreme Court Letter 2015, which permitted the whole bars to submit the oath. In conclusion, the Supreme Court Letter 2015 does not only recognize the advocate associations but also marks a legal paradigm shift from single to multi-bar. To end such legal uncertainty, this study suggested that Advocate Law should be amended to accommodate a multi-bar system.
{"title":"The Regulatory Reform of Advocate Organizations in Proposing Oath of Prospective Advocates in Indonesia","authors":"N. Solikin, Anis Rohmatullah","doi":"10.19184/jkph.v2i2.23400","DOIUrl":"https://doi.org/10.19184/jkph.v2i2.23400","url":null,"abstract":"Following the enactment of Advocate Law 18/2003, Indonesian Bar Association must commence a proposal for the advocate's oath before the High Court. As per the rules, the oath should be submitted by a single bar, whereas there has been more than one advocate association in Indonesia. Each association has claimed to be a legitimate \"Indonesian Bar Association\" in administrating lawyers. In short, while the law demands a single bar system, the reality asserts a multi-bar. This study aimed to portray the entanglement of the dynamics of legal politics during the drafting process of the Advocate Law and, at the same time to analyze the development of the Indonesian Bar Association. This study used the normative juridical legal approach to examine law and other relevant materials. This study showed that the bar organization in Indonesia has long historical roots that can be traced back to the Dutch East Indies era in which Indonesia, in the post-independence period, adopted the Dutch's single bar system. However, a unified single bar system has been hard to achieve and still out of sight. With the growing number of bars in Indonesia, the Supreme Court then recently enacted the Supreme Court Letter 2015, which permitted the whole bars to submit the oath. In conclusion, the Supreme Court Letter 2015 does not only recognize the advocate associations but also marks a legal paradigm shift from single to multi-bar. To end such legal uncertainty, this study suggested that Advocate Law should be amended to accommodate a multi-bar system.","PeriodicalId":313528,"journal":{"name":"Jurnal Kajian Pembaruan Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115586863","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 : 2022-01-31DOI: 10.19184/jkph.v2i1.27828
Bagas Christofel Aruan, Umbu Rauta
The authority of the Constitutional Court is often limited only to the judicial review of statutory products, not practice. The method used for this research is normative legal research using a conceptual approach, legislation, and comparisons. This legal research aims to examine the implementation of constitutional complaint schemes in various countries while reviewing the inherent authority of the Constitutional Court in reviewing constitutional complaint cases with the object of court decisions. The results show that the Constitutional Court of the Republic of Korea has many similarities with the Constitutional Court of the Republic of Indonesia; at the same time, the German Constitutional Court gives rights to individuals, communions, and associations to file a constitutional complaint and the United States Supreme Court establishes several criteria for legal standing for parties who make constitutional complaints. Then, the Constitutional Court has the authority to decide on constitutional objections, including court decisions, considering the court's decision is analogous to the law itself. Furthermore, based on constitutionalism, the constitutional complaint is the inherent authority of the Constitutional Court. KEYWORDS: Constitutional Court, Constitutional Complaint, Court Rulings, Inherent Power.
{"title":"Kewenangan Inheren Mahkamah Konstitusi terhadap Perkara Pengaduan Konstitutional dengan Objek Putusan Pengadilan","authors":"Bagas Christofel Aruan, Umbu Rauta","doi":"10.19184/jkph.v2i1.27828","DOIUrl":"https://doi.org/10.19184/jkph.v2i1.27828","url":null,"abstract":"The authority of the Constitutional Court is often limited only to the judicial review of statutory products, not practice. The method used for this research is normative legal research using a conceptual approach, legislation, and comparisons. This legal research aims to examine the implementation of constitutional complaint schemes in various countries while reviewing the inherent authority of the Constitutional Court in reviewing constitutional complaint cases with the object of court decisions. The results show that the Constitutional Court of the Republic of Korea has many similarities with the Constitutional Court of the Republic of Indonesia; at the same time, the German Constitutional Court gives rights to individuals, communions, and associations to file a constitutional complaint and the United States Supreme Court establishes several criteria for legal standing for parties who make constitutional complaints. Then, the Constitutional Court has the authority to decide on constitutional objections, including court decisions, considering the court's decision is analogous to the law itself. Furthermore, based on constitutionalism, the constitutional complaint is the inherent authority of the Constitutional Court. \u0000KEYWORDS: Constitutional Court, Constitutional Complaint, Court Rulings, Inherent Power.","PeriodicalId":313528,"journal":{"name":"Jurnal Kajian Pembaruan Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129268267","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 : 2022-01-31DOI: 10.19184/jkph.v2i1.27823
Tahegga Primananda Alfath, K. Anita
This legal research aims to examine the legal aspect ratio of legal instruments relating to pharmaceutical precursors as they relate to rejuvenation efforts; while at the same time reviewing based on the perspective of legal effectiveness on the regulation of pharmaceutical precursors. The results of this study state that the ratio of precursors to legislative regulation can be seen from three approaches, namely philosophical, juridical, and sociological. On the philosophical aspect, the 1945 Constitution provides an obligation to the government to provide welfare for matters related to health, the use of pharmaceutical precursors by the public. Then, from a juridical aspect, there are various legal products related to the management and utilization of pharmaceutical precursors; as the legal instruments are interrelated with each other. Sociologically, the illegal production and use of psychotropic substances through precursors will disrupt the economy, security and public health. However, the regulation on precursors has not been implemented in terms of structure, substance, effectiveness or culture; Thus, there are still many deviations in the management of precursors in the community. KEYWORDS: Rejuvenation, Pharmaceutical Precursors, Law Effectiveness
{"title":"Rejuvenasi Peraturan Pengelolaan Prekursor: Ratio Legis dan Efektivitas","authors":"Tahegga Primananda Alfath, K. Anita","doi":"10.19184/jkph.v2i1.27823","DOIUrl":"https://doi.org/10.19184/jkph.v2i1.27823","url":null,"abstract":"This legal research aims to examine the legal aspect ratio of legal instruments relating to pharmaceutical precursors as they relate to rejuvenation efforts; while at the same time reviewing based on the perspective of legal effectiveness on the regulation of pharmaceutical precursors. The results of this study state that the ratio of precursors to legislative regulation can be seen from three approaches, namely philosophical, juridical, and sociological. On the philosophical aspect, the 1945 Constitution provides an obligation to the government to provide welfare for matters related to health, the use of pharmaceutical precursors by the public. Then, from a juridical aspect, there are various legal products related to the management and utilization of pharmaceutical precursors; as the legal instruments are interrelated with each other. Sociologically, the illegal production and use of psychotropic substances through precursors will disrupt the economy, security and public health. However, the regulation on precursors has not been implemented in terms of structure, substance, effectiveness or culture; Thus, there are still many deviations in the management of precursors in the community. \u0000KEYWORDS: Rejuvenation, Pharmaceutical Precursors, Law Effectiveness","PeriodicalId":313528,"journal":{"name":"Jurnal Kajian Pembaruan Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115618618","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 : 2022-01-31DOI: 10.19184/jkph.v2i1.27642
Rd. Yudi Anton Rikmadani, Puguh Aji Hari Setiawan
ABSTRACT: This research aims to review the right to child protection as well as the implementation of the Juvenile Criminal Justice System (SPPA) based on court rulings. Behind the research is concern about the increasing number of children involved in terrorist networks in Indonesia. Some of them have been sentenced to prison for terrorism plots. The implementation of the SPPA Act and the PA Act has become a reference for law enforcement in addition to counter-terrorism legislation. The crime of terrorism is a crime that must be addressed immediately because it threatens the state, but the state remains obliged to ensure the fulfillment of the right to child protection during the judicial process with special protection. With the involvement of a child that is in relevance to the child protection act, it is a complex matter that needs to be resolved with a special analysis of law, due to its nature. This study examines court rulings with normative juridical methods to get significantly achieved results. In addition, this study also adds secondary resources such as article journals, books, reports, and any source that has relevance to the study. The results of the study found that the special protection of children in the Crime of Terrorism has not been met, by not considering the child as a victim, because of the actions he did the influence of persuasion as revealed in court. In addition, law enforcement does not seek diversion as mandated in the SPPA. To conclude the court's decision does not consider the regulations on PA and has not fully implemented the SPPA. KEYWORDS: Legislation on Terrorism, Children's Rights, Law Enforcement, Juvenile Justice.
{"title":"The Implementation of the Juvenile Justice System in Terrorism: Indonesia Case","authors":"Rd. Yudi Anton Rikmadani, Puguh Aji Hari Setiawan","doi":"10.19184/jkph.v2i1.27642","DOIUrl":"https://doi.org/10.19184/jkph.v2i1.27642","url":null,"abstract":"ABSTRACT: This research aims to review the right to child protection as well as the implementation of the Juvenile Criminal Justice System (SPPA) based on court rulings. Behind the research is concern about the increasing number of children involved in terrorist networks in Indonesia. Some of them have been sentenced to prison for terrorism plots. The implementation of the SPPA Act and the PA Act has become a reference for law enforcement in addition to counter-terrorism legislation. The crime of terrorism is a crime that must be addressed immediately because it threatens the state, but the state remains obliged to ensure the fulfillment of the right to child protection during the judicial process with special protection. With the involvement of a child that is in relevance to the child protection act, it is a complex matter that needs to be resolved with a special analysis of law, due to its nature. This study examines court rulings with normative juridical methods to get significantly achieved results. In addition, this study also adds secondary resources such as article journals, books, reports, and any source that has relevance to the study. The results of the study found that the special protection of children in the Crime of Terrorism has not been met, by not considering the child as a victim, because of the actions he did the influence of persuasion as revealed in court. In addition, law enforcement does not seek diversion as mandated in the SPPA. To conclude the court's decision does not consider the regulations on PA and has not fully implemented the SPPA. \u0000KEYWORDS: Legislation on Terrorism, Children's Rights, Law Enforcement, Juvenile Justice.","PeriodicalId":313528,"journal":{"name":"Jurnal Kajian Pembaruan Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115419108","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 : 2022-01-31DOI: 10.19184/jkph.v2i1.26674
Dwiki Oktobrian
ABSTRACT: The stages of determining election results have important characteristics; because it determines the party who wins the election and, at the same time, proves the legality and legitimacy of holding the election. Nevertheless, there are various problems regarding the formulation of policies in criminal acts related to the determination of election results. This research on the formulation of criminal acts associated with election results is normative research with a statutory approach, a conceptual approach, and a comparative approach. This legal research aims to discuss the formulation of the crime of 'late setting election results' and 'not determining election results; while at the same time reviewing future projections by formulating an ideal formulation regarding the formulation of the criminal act of determining election results. The results of the study state that the formulation of criminalization policies in illegal acts related to the determination of election results is regulated to meet various legal problems, including the dimensions of action, the dimensions of criminal responsibility, and the dimensions of criminal sanctions. Then, by taking references from Canada and Kenya, the projections of the formulation are prepared by specifying two objects of action, namely the act of not determining the election results and the act of being late in determining the election results as a crime. Completing the formulation was followed by a complete determination of the subject of a criminal offense accompanied by intentional errors and the formulation of flexibility-based sanctions oriented to avoiding sentencing disparities. KEYWORDS: Criminalization, Criminal Act, Determination of General Election Result
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