Pub Date : 2022-08-29DOI: 10.20473/ydk.v37i2.37452
Try Wahyu Widanarti, Abdul Rachmad Budiono, Budi Santoso
To provide legal protection for workers who have experienced termination of employment, the government of Indonesia has issued a new policy in the form of Article 46 of Law No. 11 of 2020 concerning the Job Creation Law. This increases the type of protection for social security programs, namely the job loss guarantee program. This paper uses a juridical-normative research method. The results indicate that the legal protection policy for workers affected by termination of employment was not appropriate. Therefore, an amendment was made to Law Number 40 of 2004 concerning the National Social Security System. Specifically, Article 46A of the Job Creation Law states: "Workers or employees who have their activities terminated are entitled to collateral due to loss of profession." Article 46C(2) also states that the Central Authority should pay the professional burnout insurance contributions. In this case, non-professional collateral benefits are not focused on money but on cash, access to actionable market data, and job training. It is not explained in detail what percentage of the total compensation will be obtained by workers affected by termination of employment through this job loss guarantee scheme. This is only stated in Article 46D paragraph (2), "Job loss guarantee will be provided for 6 (six) months of wages."
{"title":"Job Loss Guarantee Program Policy as Legal Protection for Terminated Workers Based on Job Creation Law Article 46","authors":"Try Wahyu Widanarti, Abdul Rachmad Budiono, Budi Santoso","doi":"10.20473/ydk.v37i2.37452","DOIUrl":"https://doi.org/10.20473/ydk.v37i2.37452","url":null,"abstract":"To provide legal protection for workers who have experienced termination of employment, the government of Indonesia has issued a new policy in the form of Article 46 of Law No. 11 of 2020 concerning the Job Creation Law. This increases the type of protection for social security programs, namely the job loss guarantee program. This paper uses a juridical-normative research method. The results indicate that the legal protection policy for workers affected by termination of employment was not appropriate. Therefore, an amendment was made to Law Number 40 of 2004 concerning the National Social Security System. Specifically, Article 46A of the Job Creation Law states: \"Workers or employees who have their activities terminated are entitled to collateral due to loss of profession.\" Article 46C(2) also states that the Central Authority should pay the professional burnout insurance contributions. In this case, non-professional collateral benefits are not focused on money but on cash, access to actionable market data, and job training. It is not explained in detail what percentage of the total compensation will be obtained by workers affected by termination of employment through this job loss guarantee scheme. This is only stated in Article 46D paragraph (2), \"Job loss guarantee will be provided for 6 (six) months of wages.\"","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41938249","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 : 2022-08-29DOI: 10.20473/ydk.v37i2.36275
S. H. Idris, N. Nasution
Eco-anxiety' as a concept is relatively new and has received media attention recently, even though the feeling has probably existed for some time. People who are depressed and lose control when thinking about the impact of human activity on the planet, such as climate change. Climate change is an actual dimension into their mental-health problems, which is not medically recognised or defined. This is normative legal research. The data were consolidated and examined using the legal norm method, which uses qualitative legal analysis, logic, and argumentation. This paper reviewed the literature on eco-anxiety and its legal implications. Environmental and health law continues to be separate bodies of international law, even though the right to health is intertwined with the right to a healthy environment. A right to a clean and healthy environment should explicitly include the right to health-physically and mentally. Priority should be given to greening public health infrastructure, such as mental health facilities, as part of eco-anxiety recovery plans to support the emergence of the environmental impact on mental health and the country's mental health promotion and prevention efforts to serve their needs better.
{"title":"Eco-Anxiety:Right to Healthy Environment","authors":"S. H. Idris, N. Nasution","doi":"10.20473/ydk.v37i2.36275","DOIUrl":"https://doi.org/10.20473/ydk.v37i2.36275","url":null,"abstract":"Eco-anxiety' as a concept is relatively new and has received media attention recently, even though the feeling has probably existed for some time. People who are depressed and lose control when thinking about the impact of human activity on the planet, such as climate change. Climate change is an actual dimension into their mental-health problems, which is not medically recognised or defined. This is normative legal research. The data were consolidated and examined using the legal norm method, which uses qualitative legal analysis, logic, and argumentation. This paper reviewed the literature on eco-anxiety and its legal implications. Environmental and health law continues to be separate bodies of international law, even though the right to health is intertwined with the right to a healthy environment. A right to a clean and healthy environment should explicitly include the right to health-physically and mentally. Priority should be given to greening public health infrastructure, such as mental health facilities, as part of eco-anxiety recovery plans to support the emergence of the environmental impact on mental health and the country's mental health promotion and prevention efforts to serve their needs better.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41846687","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 : 2022-08-29DOI: 10.20473/ydk.v37i2.36280
Wahyu Wagiman, Mutia Salsabila
Civil society greatly contributes to encouraging the adoption of the United Nations Guiding Principles on Business and Human Rights (UNGPs) into practice and legislation in Indonesia. This contribution can be seen from the various policies and actions taken by the Indonesian government in referring to the UNGPs when forming policies related to human rights or the operation of companies in Indonesia. This research aims to serve as a database and as consideration for civil society in Indonesia to advocate for business and human rights issues, especially the issues related to actions taken by civil society to influence Indonesian governmental policies and the challenges faced by civil society. As such, civil society will be able to measure the urgency of intervention in policymaking related to business and human rights. This research was conducted using qualitative and comparative approaches. The qualitative approach was carried out through studies of literature, both primary and secondary. The comparative approach aimed to analyse and compare two or more objects based on a theoretical framework. The comparison results can be in the form of similarities or differences in the aspects studied. This research process pays attention to certain sensitive contexts that require a context-sensitive approach.
{"title":"Civil Society’s Contributions and Challenges in the Development of Business and Human Rights Policy in Indonesia","authors":"Wahyu Wagiman, Mutia Salsabila","doi":"10.20473/ydk.v37i2.36280","DOIUrl":"https://doi.org/10.20473/ydk.v37i2.36280","url":null,"abstract":"Civil society greatly contributes to encouraging the adoption of the United Nations Guiding Principles on Business and Human Rights (UNGPs) into practice and legislation in Indonesia. This contribution can be seen from the various policies and actions taken by the Indonesian government in referring to the UNGPs when forming policies related to human rights or the operation of companies in Indonesia. This research aims to serve as a database and as consideration for civil society in Indonesia to advocate for business and human rights issues, especially the issues related to actions taken by civil society to influence Indonesian governmental policies and the challenges faced by civil society. As such, civil society will be able to measure the urgency of intervention in policymaking related to business and human rights. This research was conducted using qualitative and comparative approaches. The qualitative approach was carried out through studies of literature, both primary and secondary. The comparative approach aimed to analyse and compare two or more objects based on a theoretical framework. The comparison results can be in the form of similarities or differences in the aspects studied. This research process pays attention to certain sensitive contexts that require a context-sensitive approach.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42333221","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 : 2022-08-29DOI: 10.20473/ydk.v37i2.37947
Atik Krustiyati, Y. Putro
The Coronavirus pandemic affected several sectors including the policies of national governments and the international community. Besides cleanliness and health policies (e.g., washing hands and wearing masks), the primary policy adopted in numerous countries was the human mobility restriction. Border posts, airports, and ports are closed to limit people’s mobility, eliminating the opportunity for individuals to leave their nation because of war or unstable situations to seek a better life. Refugees are the ones who are most affected by the spread of this Coronavirus, as each nation prioritises its own national interests and its own inhabitants. The Global Compact on Refugees can be properly implemented to help refugees overcome the difficulties they face in the middle of the Covid-19 pandemic. The core objective of the Global Compact on Refugees is to ease the pressures on host countries and its equitable responsibility-sharing provisions should be optimised for implementation. This study is based on normative legal research; therefore, this article will examine the role of the Global Compact on Refugees during the height of COVID-19. Even though the Global Compact on Refugees is merely a non-legally binding instrument, the pandemic could be used as momentum for states to share the burden and responsibility of caring for the refugees in their states.
{"title":"Refugees and Covid-19: The Great Opportunity to Implement the Global Compact on Refugees","authors":"Atik Krustiyati, Y. Putro","doi":"10.20473/ydk.v37i2.37947","DOIUrl":"https://doi.org/10.20473/ydk.v37i2.37947","url":null,"abstract":"The Coronavirus pandemic affected several sectors including the policies of national governments and the international community. Besides cleanliness and health policies (e.g., washing hands and wearing masks), the primary policy adopted in numerous countries was the human mobility restriction. Border posts, airports, and ports are closed to limit people’s mobility, eliminating the opportunity for individuals to leave their nation because of war or unstable situations to seek a better life. Refugees are the ones who are most affected by the spread of this Coronavirus, as each nation prioritises its own national interests and its own inhabitants. The Global Compact on Refugees can be properly implemented to help refugees overcome the difficulties they face in the middle of the Covid-19 pandemic. The core objective of the Global Compact on Refugees is to ease the pressures on host countries and its equitable responsibility-sharing provisions should be optimised for implementation. This study is based on normative legal research; therefore, this article will examine the role of the Global Compact on Refugees during the height of COVID-19. Even though the Global Compact on Refugees is merely a non-legally binding instrument, the pandemic could be used as momentum for states to share the burden and responsibility of caring for the refugees in their states.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44688385","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 : 2022-08-29DOI: 10.20473/ydk.v37i2.36278
M. Zaidun, Yuniarti, Widhayani Dian Pawestri
Law No 11/2020 concerning Job Creation (Omnibus Law’) mandates the use of domestic raw materials for all industries in Indonesia. Following the passage of the Omnibus Law, Indonesia issued Government Regulation No 28/2021 concerning Industrial Management and Presidential Regulation No 12/2021 concerning the amendment of Presidential Regulation No 16/2018 concerning Government Procurement of Goods and Services. Both regulations oblige all industries in Indonesia to use domestic raw materials pursuant to the Omnibus Law. In investment law, this kind of policy could lead to indirect expropriation because when an investor makes an investment in a host country, the raw material and machines for production might come from their home state or other states. Furthermore, a public-private partnership contract with investors funding infrastructure projects for at least 50 years using materials agreed upon in advance will lead to indirect expropriation. The method used in this research was legal research theory with statute and conceptual approaches. From this research, the policy of the Indonesian government can be described as indirect expropriation because the regulation is effective and enforced.
{"title":"Investor Legitimate Expectation and Indirect Expropriation in Domestic Regulation Concerning the Application of Domestic Raw Application","authors":"M. Zaidun, Yuniarti, Widhayani Dian Pawestri","doi":"10.20473/ydk.v37i2.36278","DOIUrl":"https://doi.org/10.20473/ydk.v37i2.36278","url":null,"abstract":"Law No 11/2020 concerning Job Creation (Omnibus Law’) mandates the use of domestic raw materials for all industries in Indonesia. Following the passage of the Omnibus Law, Indonesia issued Government Regulation No 28/2021 concerning Industrial Management and Presidential Regulation No 12/2021 concerning the amendment of Presidential Regulation No 16/2018 concerning Government Procurement of Goods and Services. Both regulations oblige all industries in Indonesia to use domestic raw materials pursuant to the Omnibus Law. In investment law, this kind of policy could lead to indirect expropriation because when an investor makes an investment in a host country, the raw material and machines for production might come from their home state or other states. Furthermore, a public-private partnership contract with investors funding infrastructure projects for at least 50 years using materials agreed upon in advance will lead to indirect expropriation. The method used in this research was legal research theory with statute and conceptual approaches. From this research, the policy of the Indonesian government can be described as indirect expropriation because the regulation is effective and enforced.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42293999","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 : 2022-08-29DOI: 10.20473/ydk.v37i2.36281
I. G. N. Parikesit, Gusti Ngurah
Foreign direct investment (FDI) is critical to Indonesia's economic development. Tourism is one of the most appealing investment industries. It has made a significant contribution to employment creation, tax revenue and domestic value addition. However, FDI in tourism has had negative environmental consequences. Moreover, Indonesian trade agreements and investment treaties do not reflect environmental concerns. The schedule under the General Agreement on Trade in Services (GATS) follows a similar trend, although other countries’ practices have shown that Indonesia can add this concern. Domestic laws and policies are also silent because the goal of economic growth outweighs protecting the environment. The United Nations Guiding Principles on Business and Human Rights (Guiding Principles) govern states' obligations to defend human rights and companies' obligations to respect and give remedy. This article examines the feasibility of incorporating the Guiding Principles into FDI in tourism. The Guiding Principles, together with the Global Code Ethics for Tourism, would provide a starting point for more robust legal frameworks for foreign tourism companies and emphasise sustainable development.
{"title":"FDI in Tourism and the Feasibility of Incorporating the UN Guiding Principles on Business and Human Rights in Indonesia","authors":"I. G. N. Parikesit, Gusti Ngurah","doi":"10.20473/ydk.v37i2.36281","DOIUrl":"https://doi.org/10.20473/ydk.v37i2.36281","url":null,"abstract":"Foreign direct investment (FDI) is critical to Indonesia's economic development. Tourism is one of the most appealing investment industries. It has made a significant contribution to employment creation, tax revenue and domestic value addition. However, FDI in tourism has had negative environmental consequences. Moreover, Indonesian trade agreements and investment treaties do not reflect environmental concerns. The schedule under the General Agreement on Trade in Services (GATS) follows a similar trend, although other countries’ practices have shown that Indonesia can add this concern. Domestic laws and policies are also silent because the goal of economic growth outweighs protecting the environment. The United Nations Guiding Principles on Business and Human Rights (Guiding Principles) govern states' obligations to defend human rights and companies' obligations to respect and give remedy. This article examines the feasibility of incorporating the Guiding Principles into FDI in tourism. The Guiding Principles, together with the Global Code Ethics for Tourism, would provide a starting point for more robust legal frameworks for foreign tourism companies and emphasise sustainable development.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42692002","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 : 2022-08-05DOI: 10.20473/ydk.v37i2.34227
A. Camelia, Koesrianti, Lina Hastuti
The COVID-19 pandemic is described as circumstances often interchangeably in social and medical contexts as non-boundary spread and directly affected a wide range of human life and a non-traditional security threat. The pandemic has had adverse consequences on the economy, and health and psychology have suffered. In 2020, ASEAN held an extraordinary summit on COVID-19 to accelerate resilience to the pandemic as a regional response; however, a solid commitment and comprehensive foundation are critical focal points for dealing with infectious diseases. Therefore, ASEAN member states should create a permanent mechanism to deal with current and future pandemics by providing a strategic long-term plan, an annual work plan, effective monitoring systems, and quality assurance by strengthening the ASEAN Socio-Cultural Community’s role as an open and dynamic entity within the ASEAN Community. Doctrinal research based on normative legal and conceptual approaches was conducted as methods for this study.
{"title":"The Role of the ASEAN Socio-Cultural Community in Overcoming the COVID-19 Pandemic","authors":"A. Camelia, Koesrianti, Lina Hastuti","doi":"10.20473/ydk.v37i2.34227","DOIUrl":"https://doi.org/10.20473/ydk.v37i2.34227","url":null,"abstract":"The COVID-19 pandemic is described as circumstances often interchangeably in social and medical contexts as non-boundary spread and directly affected a wide range of human life and a non-traditional security threat. The pandemic has had adverse consequences on the economy, and health and psychology have suffered. In 2020, ASEAN held an extraordinary summit on COVID-19 to accelerate resilience to the pandemic as a regional response; however, a solid commitment and comprehensive foundation are critical focal points for dealing with infectious diseases. Therefore, ASEAN member states should create a permanent mechanism to deal with current and future pandemics by providing a strategic long-term plan, an annual work plan, effective monitoring systems, and quality assurance by strengthening the ASEAN Socio-Cultural Community’s role as an open and dynamic entity within the ASEAN Community. Doctrinal research based on normative legal and conceptual approaches was conducted as methods for this study.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45177686","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 : 2022-08-05DOI: 10.20473/ydk.v37i2.36277
Atty Novyanty
One law enforcement agency that has the authority to carry out full supervision and investigation of corruption cases is the Corruption Eradication Commission. Article 50, paragraph (1) is problematic where the arrangement is incomplete and seems unclear. There is also a problem in the implementation of article 50, paragraph (3) concerning the phrase ‘The police or the prosecutor's office is no longer authorised to conduct a full investigation’. Article 50, paragraph (1) of Law No 30/2002 on the Commission for the Eradication of Corruption Crime (‘KPK Law’) provides that ‘in the event that a corruption crime occurs and the Corruption Eradication Commission has not conducted a full investigation, while the case has been fully investigated by the police or the prosecutor's office’. Article 10, paragraph (2) of Law No 19/2019 on the Second Amendment to Law No 30/2002 on the Commission for the Eradication of Corruption Crime (‘Law No 19/2019 on the Second Amendment to the KPK Law’) causes a problem because the provisions on the implementation of supervision duties should be regulated in the form of government regulations by referring to an adherence to the principle.
{"title":"Conceptual Ideal Supervision of the Corruption Eradication Commission in Eradicating Corruption Crimes","authors":"Atty Novyanty","doi":"10.20473/ydk.v37i2.36277","DOIUrl":"https://doi.org/10.20473/ydk.v37i2.36277","url":null,"abstract":"One law enforcement agency that has the authority to carry out full supervision and investigation of corruption cases is the Corruption Eradication Commission. Article 50, paragraph (1) is problematic where the arrangement is incomplete and seems unclear. There is also a problem in the implementation of article 50, paragraph (3) concerning the phrase ‘The police or the prosecutor's office is no longer authorised to conduct a full investigation’. Article 50, paragraph (1) of Law No 30/2002 on the Commission for the Eradication of Corruption Crime (‘KPK Law’) provides that ‘in the event that a corruption crime occurs and the Corruption Eradication Commission has not conducted a full investigation, while the case has been fully investigated by the police or the prosecutor's office’. Article 10, paragraph (2) of Law No 19/2019 on the Second Amendment to Law No 30/2002 on the Commission for the Eradication of Corruption Crime (‘Law No 19/2019 on the Second Amendment to the KPK Law’) causes a problem because the provisions on the implementation of supervision duties should be regulated in the form of government regulations by referring to an adherence to the principle.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44429676","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 : 2022-08-05DOI: 10.20473/ydk.v37i2.36276
Lanny Ramli
In recent years, violence against women has continued. Culture, beliefs, and the role of community and religious leaders are the reasons for the practice of female circumcision in East Java Province. To the perpetrators, this activity is reasonable. This article is a policy study with a gender perspective approach and uses qualitative methods and quantitative data. The results of this study reveal the insights of circumcision practitioners in women who are less aware of the effects of female circumcision, low education levels, and trust and pressure from the family (internal) and the environment (external). Moreover, the main rules are legalised as the 1945 Constitution explicitly outlines government interference in community control, including social and cultural. The gender mainstreaming strategy (PUG) has been implemented to eliminate activities that violate women's rights to health and other constitutional rights.
{"title":"The Gender Mainstreaming Strategy as a Solution for the Constitutional Rights Violation of Female Circumcision","authors":"Lanny Ramli","doi":"10.20473/ydk.v37i2.36276","DOIUrl":"https://doi.org/10.20473/ydk.v37i2.36276","url":null,"abstract":"In recent years, violence against women has continued. Culture, beliefs, and the role of community and religious leaders are the reasons for the practice of female circumcision in East Java Province. To the perpetrators, this activity is reasonable. This article is a policy study with a gender perspective approach and uses qualitative methods and quantitative data. The results of this study reveal the insights of circumcision practitioners in women who are less aware of the effects of female circumcision, low education levels, and trust and pressure from the family (internal) and the environment (external). Moreover, the main rules are legalised as the 1945 Constitution explicitly outlines government interference in community control, including social and cultural. The gender mainstreaming strategy (PUG) has been implemented to eliminate activities that violate women's rights to health and other constitutional rights.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48615747","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 : 2022-08-05DOI: 10.20473/ydk.v37i2.32830
Hijriani Hijriani, Rizki Ramadani
This study analyses several aspects of incest as a sexual crime, as well as its law enforcement, by comparing criminal law and Bugis customary law. This normative study was conducted by examining primary and secondary legal materials, which were then analysed qualitatively and descriptively. The findings indicate that incest can occur in the form of sexual violence caused by internal and external factors, such as psychological and family condition. Incest also has a very serious impact on victims, especially children. In terms of criminal law, the regulation of incest is spread across several laws such as obscenity in Criminal Code (KUHP); sexual intercourse with children in the Child Protection Law; and sexual violence against a family member in the PKDRT Law. However, in the Bugis customary law, incest is a sexual deviation against dignity and honour (siri’). On that basis, incest is determined as the most severe customary offense (malaweng) and is punishable by the death penalty. In principle, the criminal law and Bugis customary law both consider incest a prohibited sexual deviation. Although there are differences regarding the severity of sanctions against perpetrators, both legal routes have proven to be complementary and can be applied in court.
{"title":"From Criminal Law to Customary Law: Incest as a Sexual Crime","authors":"Hijriani Hijriani, Rizki Ramadani","doi":"10.20473/ydk.v37i2.32830","DOIUrl":"https://doi.org/10.20473/ydk.v37i2.32830","url":null,"abstract":"This study analyses several aspects of incest as a sexual crime, as well as its law enforcement, by comparing criminal law and Bugis customary law. This normative study was conducted by examining primary and secondary legal materials, which were then analysed qualitatively and descriptively. The findings indicate that incest can occur in the form of sexual violence caused by internal and external factors, such as psychological and family condition. Incest also has a very serious impact on victims, especially children. In terms of criminal law, the regulation of incest is spread across several laws such as obscenity in Criminal Code (KUHP); sexual intercourse with children in the Child Protection Law; and sexual violence against a family member in the PKDRT Law. However, in the Bugis customary law, incest is a sexual deviation against dignity and honour (siri’). On that basis, incest is determined as the most severe customary offense (malaweng) and is punishable by the death penalty. In principle, the criminal law and Bugis customary law both consider incest a prohibited sexual deviation. Although there are differences regarding the severity of sanctions against perpetrators, both legal routes have proven to be complementary and can be applied in court.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48013206","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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