Pub Date : 2021-09-02DOI: 10.31603/variajusticia.v17i2.5172
Putu Gede Arya Sumerta Yasa, Wita Setyaningrum, Kadek Agus Sudiarawan
This study aims to analyze and examine the meaning of unlawful acts by government officials and the authority of state administrative courts in dealing with cases related to unlawful acts by government officials. This study was normative legal research using a statutory approach and a conceptual approach. The primary legal materials uses in this study including Indonesian Civil Code (Burgerlijk Wetboek), Supreme Court Regulation (hereinafter PERMA) Number 2 of 2019 concerning Guidelines For Dispute Settlement Of Government Actions and Authority to Hearing Unlawful Acts By A Government Board And Government Officer (onrechtmatige overheidsdaad) and Law No. 51 of 2009 concerning the second amendment to Law Number 5 of 1986 concerning State Administrative Court to analyses substance related to the meaning of unlawful acts by government officials and the authority of state administrative courts in dealing with cases related to unlawful acts by government officials in accordance with prevailing law. The conceptual approach taken from the meaning of onrechmatigedaad in Burgerlijk Wetboek. This study indicated that the dispute settlement on the unlawful act by the government official mentioned on the Supreme Court regulation (hereinafter PERMA) number 2 of 2019 including dispute settlement process, which shall be file through state administrative court. which stipulates that the authority to hearing the disputes of unlawful acts by the government board or the government officials can be resolved through the state administrative judiciary.
{"title":"Unlawful Administrative Act: Indonesian Administrative Law Perspective","authors":"Putu Gede Arya Sumerta Yasa, Wita Setyaningrum, Kadek Agus Sudiarawan","doi":"10.31603/variajusticia.v17i2.5172","DOIUrl":"https://doi.org/10.31603/variajusticia.v17i2.5172","url":null,"abstract":"This study aims to analyze and examine the meaning of unlawful acts by government officials and the authority of state administrative courts in dealing with cases related to unlawful acts by government officials. This study was normative legal research using a statutory approach and a conceptual approach. The primary legal materials uses in this study including Indonesian Civil Code (Burgerlijk Wetboek), Supreme Court Regulation (hereinafter PERMA) Number 2 of 2019 concerning Guidelines For Dispute Settlement Of Government Actions and Authority to Hearing Unlawful Acts By A Government Board And Government Officer (onrechtmatige overheidsdaad) and Law No. 51 of 2009 concerning the second amendment to Law Number 5 of 1986 concerning State Administrative Court to analyses substance related to the meaning of unlawful acts by government officials and the authority of state administrative courts in dealing with cases related to unlawful acts by government officials in accordance with prevailing law. The conceptual approach taken from the meaning of onrechmatigedaad in Burgerlijk Wetboek. This study indicated that the dispute settlement on the unlawful act by the government official mentioned on the Supreme Court regulation (hereinafter PERMA) number 2 of 2019 including dispute settlement process, which shall be file through state administrative court. which stipulates that the authority to hearing the disputes of unlawful acts by the government board or the government officials can be resolved through the state administrative judiciary.","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48578645","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 : 2021-09-02DOI: 10.31603/variajusticia.v17i2.5621
Rizki Habibulah, Ming-Hsi Sung
The Bosman ruling means that players could move or transfer to a new club at the end of their contract without paying their former clubs any fee. A player can now agree with a pre-contract with another club for a free transfer if the players' contract with their existing club has six months or less remaining. This means that the Bosman Rulingis a pioneer in the freedom of contract aspect in sports law. According to Law Number 3 of 2005 on National Sports System in Indonesia, the problem in Indonesia is that there is no regulation regarding the freedom of contract for the sporting member in Indonesia. Some cases violate the Bosman Ruling against foreign football players Damian Linzio. Damian Linzio cannot solve his problems because there is no regulation related to Bosman Ruling issues in Indonesia. This Research aims to adapted Bosman Ruling into Indonesian Sports Law based on Law Number 3 of 2005 concerning the National Sports System. Bosman Ruling is very important in sports law because it regulates the freedom of contract. The type of this research is normative legal research. Normative legal research is a process to find the rule of law, principles of law, and the legal doctrines to address the legal issues faced equal treatment of foreign players in freedom to transfer, the need to introduce bosman ruling into indonesian sports law, study case of damian linzio and bring the case to the court of arbitration for sport. This research found that Indonesia needs to apply Bosman Ruling as the pioneer of freedom of contract to Indonesian Sports Law. Bosman Ruling can be adapted in Law Number 3 of 2005 on the National Sports System in Indonesia. For Damian Linzio, author recommend to bringing the case to Court of Arbitration for Sport because they are more competent to resolve sports cases.
{"title":"The Legal Certainty on Freedom of Foreign Football Player Transfer in Indonesia: Learning of Bosman Ruling","authors":"Rizki Habibulah, Ming-Hsi Sung","doi":"10.31603/variajusticia.v17i2.5621","DOIUrl":"https://doi.org/10.31603/variajusticia.v17i2.5621","url":null,"abstract":"The Bosman ruling means that players could move or transfer to a new club at the end of their contract without paying their former clubs any fee. A player can now agree with a pre-contract with another club for a free transfer if the players' contract with their existing club has six months or less remaining. This means that the Bosman Rulingis a pioneer in the freedom of contract aspect in sports law. According to Law Number 3 of 2005 on National Sports System in Indonesia, the problem in Indonesia is that there is no regulation regarding the freedom of contract for the sporting member in Indonesia. Some cases violate the Bosman Ruling against foreign football players Damian Linzio. Damian Linzio cannot solve his problems because there is no regulation related to Bosman Ruling issues in Indonesia. This Research aims to adapted Bosman Ruling into Indonesian Sports Law based on Law Number 3 of 2005 concerning the National Sports System. Bosman Ruling is very important in sports law because it regulates the freedom of contract. The type of this research is normative legal research. Normative legal research is a process to find the rule of law, principles of law, and the legal doctrines to address the legal issues faced equal treatment of foreign players in freedom to transfer, the need to introduce bosman ruling into indonesian sports law, study case of damian linzio and bring the case to the court of arbitration for sport. This research found that Indonesia needs to apply Bosman Ruling as the pioneer of freedom of contract to Indonesian Sports Law. Bosman Ruling can be adapted in Law Number 3 of 2005 on the National Sports System in Indonesia. For Damian Linzio, author recommend to bringing the case to Court of Arbitration for Sport because they are more competent to resolve sports cases.","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46208055","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 : 2021-08-31DOI: 10.31603/variajusticia.v17i2.5674
Try Hardyanthi
The Syrian conflict started on January 26th, 2011. At first, the conflict in Syria was an internal conflict between the government of Bashar Al Assad and the Rebel, the descent into war began with the violent and brutal repression of peaceful pro-reform protests, which later turned into an armed uprising against the regime of Bashar al-Assad, and has since become a regional conflict involving state and non-state actors. In the development of the conflict, some parties intervened to provide support for the Bashar al-Assad. One of the countries that intervene against Syria is Russia. In the armed conflict which happened in Syria on September 2015 and early October 2016, more than 9,000 people, including 4,000 Syrian civilians, were killed by the Russian airstrikes. The International Humanitarian Law hostilities regulate the protection of victims of conflict and restrictions on the means and methods of warfare. This study aims to identify the obstacles of legal enforcement of international humanitarian law toward un-targeting attack in Syria. In addition, this study tries to reveal the responsibility of these states, both Russia and Syria for the loss and injury caused by an un-targeting attack. The result shows that the obstacles of law enforcement in Syria case caused Syria is not a state party in several international conventions. Therefore, these conventions are not applicable formally in the armed conflict in Syria. Based on International Humanitarian Law, Syria Government is responsible for the un-targeting attack that occurred in Syria, and required to make full reparation for the loss or injury caused by such violations. They are required to make full reparation for the loss or injury caused by an un-targeting attack. Furthermore, Individuals belonging to an Organizations or State are held personally responsible before the law. Then, the United Nations Security Council (UNSC) must carry out UN Charter Articles 41 and 42 and UNSC as the main organ responsible for maintaining international peace and security.
{"title":"International Humanitarian Law Perspective on Un-Targeting Attack","authors":"Try Hardyanthi","doi":"10.31603/variajusticia.v17i2.5674","DOIUrl":"https://doi.org/10.31603/variajusticia.v17i2.5674","url":null,"abstract":"The Syrian conflict started on January 26th, 2011. At first, the conflict in Syria was an internal conflict between the government of Bashar Al Assad and the Rebel, the descent into war began with the violent and brutal repression of peaceful pro-reform protests, which later turned into an armed uprising against the regime of Bashar al-Assad, and has since become a regional conflict involving state and non-state actors. In the development of the conflict, some parties intervened to provide support for the Bashar al-Assad. One of the countries that intervene against Syria is Russia. In the armed conflict which happened in Syria on September 2015 and early October 2016, more than 9,000 people, including 4,000 Syrian civilians, were killed by the Russian airstrikes. The International Humanitarian Law hostilities regulate the protection of victims of conflict and restrictions on the means and methods of warfare. This study aims to identify the obstacles of legal enforcement of international humanitarian law toward un-targeting attack in Syria. In addition, this study tries to reveal the responsibility of these states, both Russia and Syria for the loss and injury caused by an un-targeting attack. The result shows that the obstacles of law enforcement in Syria case caused Syria is not a state party in several international conventions. Therefore, these conventions are not applicable formally in the armed conflict in Syria. Based on International Humanitarian Law, Syria Government is responsible for the un-targeting attack that occurred in Syria, and required to make full reparation for the loss or injury caused by such violations. They are required to make full reparation for the loss or injury caused by an un-targeting attack. Furthermore, Individuals belonging to an Organizations or State are held personally responsible before the law. Then, the United Nations Security Council (UNSC) must carry out UN Charter Articles 41 and 42 and UNSC as the main organ responsible for maintaining international peace and security.","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44299322","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 : 2021-08-27DOI: 10.31603/variajusticia.v17i2.5191
Habib Muhsin Syafingi
The principle of deconcentration is a necessity in the era of decentralization to ensure the establishment of Indonesian unitary state. The dynamics of drafting laws and regulations are actually an effort to find the most appropriate format in managing the relationship between the centre and the regions, in the sense of how to accommodate the centre's interests without stifling creativity and regional initiatives in planning development. This article tries to examine the dynamics of deconcentration in post-reform regional development planning. The period is divided into the 2004-2014 and 2014-2019 periods, each period marked by the issuance of a series of laws and regulations, each period reflecting a certain policy direction (legal politics) of deconcentration. This research is normative juridical research with a statutory approach in which the data obtained will be analyzed qualitatively and presented descriptively. The research results show that in the 2004-2014 period, deconcentration tends to be a complement and a formality to maintain a unitary state, while in the 2014-2019 period, deconcentration appears to be stronger in line with the authority of decentralization. The similarity in these two eras is that the implementation structure of deconcentration still overlaps with the structure of decentralization, thus allowing confusion and overlapping. The research results show that in the 2004-2014 period, deconcentration tends to be a complement and a formality to maintain a unitary state, while in the 2014-2019 period, deconcentration appears to be stronger in line with the authority of decentralization.
{"title":"Legal Politics Deconcentration Study on Post-Reform Regional Development Planning","authors":"Habib Muhsin Syafingi","doi":"10.31603/variajusticia.v17i2.5191","DOIUrl":"https://doi.org/10.31603/variajusticia.v17i2.5191","url":null,"abstract":"The principle of deconcentration is a necessity in the era of decentralization to ensure the establishment of Indonesian unitary state. The dynamics of drafting laws and regulations are actually an effort to find the most appropriate format in managing the relationship between the centre and the regions, in the sense of how to accommodate the centre's interests without stifling creativity and regional initiatives in planning development. This article tries to examine the dynamics of deconcentration in post-reform regional development planning. The period is divided into the 2004-2014 and 2014-2019 periods, each period marked by the issuance of a series of laws and regulations, each period reflecting a certain policy direction (legal politics) of deconcentration. This research is normative juridical research with a statutory approach in which the data obtained will be analyzed qualitatively and presented descriptively. The research results show that in the 2004-2014 period, deconcentration tends to be a complement and a formality to maintain a unitary state, while in the 2014-2019 period, deconcentration appears to be stronger in line with the authority of decentralization. The similarity in these two eras is that the implementation structure of deconcentration still overlaps with the structure of decentralization, thus allowing confusion and overlapping. The research results show that in the 2004-2014 period, deconcentration tends to be a complement and a formality to maintain a unitary state, while in the 2014-2019 period, deconcentration appears to be stronger in line with the authority of decentralization.","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41667488","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 : 2021-08-26DOI: 10.31603/variajusticia.v17i2.5397
H. N. A. Yogar
This analysis will refer to the structural inequalities under disaster management context, where women and more-than-human animals receive imbalanced preparedness for disaster management, risk reduction, and resilience. The concept of feminism and speciesism will visualize the similarity between women and more-than-human animals as an “object” exclusion instead of “subject” inclusion. The vitality of observation is considered from assessing women's capacity to cope, adapt, and survive during and post the socio-ecological emergency (social instability and natural and human-made disaster). The data shows that women were the most susceptible in rapid or slow-onset emergencies, whereas the nonhuman animals will be objectified as no more than property. These two normalized-lens navigate to the skills and knowledge acquired by women regarding socio-ecological resilience. On the other hand, the demand for equal treatment for women and more-than-human animals will be based on their intrinsic values. This article argues that the phenomenon is highly influenced by religious and cultural values in shaping socio-ecological treatment and power relations. In other words, the patriarchal system and human supremacism will become the most influential aspects. The epistemological revolutions through proper laws and policies are required to promote and achieve a more stable socio-ecological structure of women and more-than-human entanglement within disaster management in particular.
{"title":"“Disaster” Within Disaster Management: Women and Nonhuman Animals Issues","authors":"H. N. A. Yogar","doi":"10.31603/variajusticia.v17i2.5397","DOIUrl":"https://doi.org/10.31603/variajusticia.v17i2.5397","url":null,"abstract":"This analysis will refer to the structural inequalities under disaster management context, where women and more-than-human animals receive imbalanced preparedness for disaster management, risk reduction, and resilience. The concept of feminism and speciesism will visualize the similarity between women and more-than-human animals as an “object” exclusion instead of “subject” inclusion. The vitality of observation is considered from assessing women's capacity to cope, adapt, and survive during and post the socio-ecological emergency (social instability and natural and human-made disaster). The data shows that women were the most susceptible in rapid or slow-onset emergencies, whereas the nonhuman animals will be objectified as no more than property. These two normalized-lens navigate to the skills and knowledge acquired by women regarding socio-ecological resilience. On the other hand, the demand for equal treatment for women and more-than-human animals will be based on their intrinsic values. This article argues that the phenomenon is highly influenced by religious and cultural values in shaping socio-ecological treatment and power relations. In other words, the patriarchal system and human supremacism will become the most influential aspects. The epistemological revolutions through proper laws and policies are required to promote and achieve a more stable socio-ecological structure of women and more-than-human entanglement within disaster management in particular.","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42058702","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 : 2021-06-21DOI: 10.31603/variajusticia.v17i1.5174
B. Riswandi, Chrisna Bagus Edhita Praja
In Indonesia, the smart city idea strives to improve public services by combining a variety of components like as governance, economy, quality of life, environment, human resources, and transportation. These developments are mirrored in public service applications such as population administration, e-mobile ID cards, non-cash parking retribution, and smart retribution. However, such applications acquire no special protection. The purpose of this study is to define patent protection as an instrument for directing the development of public services toward becoming a smart city in Yogyakarta, Indonesia . This study employs a method of normative juridical legal research in conjunction with qualitative descriptive data analysis. The findings indicate that while the city of Yogyakarta develops android-based public service applications as a method of transforming public services, this innovation lacks legal protection as a means of controlling the application. Patent instruments can be utilized to protect android-based public service applications through the implementation of the Patent Law. The use of this Patent Law has had no effect on efforts to reproduce the Android-based public service application in other domains.
{"title":"Overview of Patent Protection in Public Services Towards Smart City: Case Study in Yogyakarta","authors":"B. Riswandi, Chrisna Bagus Edhita Praja","doi":"10.31603/variajusticia.v17i1.5174","DOIUrl":"https://doi.org/10.31603/variajusticia.v17i1.5174","url":null,"abstract":"In Indonesia, the smart city idea strives to improve public services by combining a variety of components like as governance, economy, quality of life, environment, human resources, and transportation. These developments are mirrored in public service applications such as population administration, e-mobile ID cards, non-cash parking retribution, and smart retribution. However, such applications acquire no special protection. The purpose of this study is to define patent protection as an instrument for directing the development of public services toward becoming a smart city in Yogyakarta, Indonesia . This study employs a method of normative juridical legal research in conjunction with qualitative descriptive data analysis. The findings indicate that while the city of Yogyakarta develops android-based public service applications as a method of transforming public services, this innovation lacks legal protection as a means of controlling the application. Patent instruments can be utilized to protect android-based public service applications through the implementation of the Patent Law. The use of this Patent Law has had no effect on efforts to reproduce the Android-based public service application in other domains.","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42619825","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 : 2021-05-07DOI: 10.31603/variajusticia.v17i1.5024
Tolkah Tolkah
Customary law is defined as assets owned by the Indonesian nation and developing in society. However, the existence of customary laws is often questioned to what extent these laws can be applied. In several criminal law cases in Indonesia, several regions still use the customary law system as an alternative to decisions because its role in law enforcement is quite dominant. This study aims to identify the existence of customary law as a modernization of criminal law in Indonesia. This study used a descriptive analytic method with a normative and empirical juridical approach. The data used are secondary data and primary data. The results show that the customary law can be used as a basis of law for developing new criminal laws that are acceptable to the society. Indonesian customary criminal law, which is divided into numerous customary law units, represents the Indonesian nation's original culture, which was once governed by Islamic law. Customary law is very relevant as a consideration for Indonesian criminal law reform, especially in the formulation of the Criminal Code (KUHP).
{"title":"Customary Law Existency in The Modernization of Criminal Law in Indonesia","authors":"Tolkah Tolkah","doi":"10.31603/variajusticia.v17i1.5024","DOIUrl":"https://doi.org/10.31603/variajusticia.v17i1.5024","url":null,"abstract":"Customary law is defined as assets owned by the Indonesian nation and developing in society. However, the existence of customary laws is often questioned to what extent these laws can be applied. In several criminal law cases in Indonesia, several regions still use the customary law system as an alternative to decisions because its role in law enforcement is quite dominant. This study aims to identify the existence of customary law as a modernization of criminal law in Indonesia. This study used a descriptive analytic method with a normative and empirical juridical approach. The data used are secondary data and primary data. The results show that the customary law can be used as a basis of law for developing new criminal laws that are acceptable to the society. Indonesian customary criminal law, which is divided into numerous customary law units, represents the Indonesian nation's original culture, which was once governed by Islamic law. Customary law is very relevant as a consideration for Indonesian criminal law reform, especially in the formulation of the Criminal Code (KUHP).","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44329636","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 : 2021-05-04DOI: 10.31603/variajusticia.v17i1.5035
A. B. Santoso
The accountability of regional heads is one of the benchmarks for the success of development and regional autonomy. This study aims to analyze the accountability of regional heads in each law. The research method used is a normative juridical method with a statutory approach based on a study of statutory regulations related to this research topic. The results showed that the accountability of regional heads in Law Number 5 of 1974 is not regulated. However, the characteristics of the new post-reform decentralization order by a centralized government were marked by the enactment of Law Number 22 the Year 1999. The DPR elects regional heads based on accountability. In addition, regional heads can be dismissed by the DPR if their accountability report (LPJ) is rejected, which in turn creates political instability. It is also due to the absence of a parallel position between the regional head and the DPRD.
{"title":"Regional Head of Performance Accountability in Local Government Law from The New Order to The Reform Era","authors":"A. B. Santoso","doi":"10.31603/variajusticia.v17i1.5035","DOIUrl":"https://doi.org/10.31603/variajusticia.v17i1.5035","url":null,"abstract":"The accountability of regional heads is one of the benchmarks for the success of development and regional autonomy. This study aims to analyze the accountability of regional heads in each law. The research method used is a normative juridical method with a statutory approach based on a study of statutory regulations related to this research topic. The results showed that the accountability of regional heads in Law Number 5 of 1974 is not regulated. However, the characteristics of the new post-reform decentralization order by a centralized government were marked by the enactment of Law Number 22 the Year 1999. The DPR elects regional heads based on accountability. In addition, regional heads can be dismissed by the DPR if their accountability report (LPJ) is rejected, which in turn creates political instability. It is also due to the absence of a parallel position between the regional head and the DPRD.","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43773169","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 : 2021-04-28DOI: 10.31603/variajusticia.v17i1.3849
S. Wardani, Ari Hernawan
This study analyzes legal protection for domestic workers in the plasma fake eyelashes industry in Kabupaten Purbalingga from a labor law perspective. The method used in this study is juridical empirical. The data used in this study consisted of primary data, secondary data. Primary data were obtained from a field study conducted in Bojongsari District and the plasma fake eyelashes industry in Purbalingga Regency. Secondary data is obtained from primary legal materials in the form of laws and regulations relevant to the topic under study. According to the employment law, the research result shows that the legal protection of homeworkers in the Plasma hair industry in Purbalingga faced a significant challenge. Although it is covered in law 13 of 2003, it does not accept the right and protection as stipulated in the law on wages, employment contracts, freedom of Union and assembly, working hours, occupational safety and health, and social security. With these issues, home workers are very vulnerable and hold poor positions; therefore, particular actions are needed to encourage the protection and fulfillment of their fundamental rights. Strategic policies need to be carried out that recognizes the existence of home workers. These policies need to be incorporated into national statistical data and legislation as an affirmative step taken by the Indonesian Government. Furthermore, the Government needs to develop home worker protection policies that include their fundamental rights. The Government needs to establish a mandatory minimum health and worker protection scheme not to be a burden
{"title":"Legal Arrangement for Household Workers: A Case Study of Plasma Fake Eyelashes Industry in Labor Law Perspective","authors":"S. Wardani, Ari Hernawan","doi":"10.31603/variajusticia.v17i1.3849","DOIUrl":"https://doi.org/10.31603/variajusticia.v17i1.3849","url":null,"abstract":"This study analyzes legal protection for domestic workers in the plasma fake eyelashes industry in Kabupaten Purbalingga from a labor law perspective. The method used in this study is juridical empirical. The data used in this study consisted of primary data, secondary data. Primary data were obtained from a field study conducted in Bojongsari District and the plasma fake eyelashes industry in Purbalingga Regency. Secondary data is obtained from primary legal materials in the form of laws and regulations relevant to the topic under study. According to the employment law, the research result shows that the legal protection of homeworkers in the Plasma hair industry in Purbalingga faced a significant challenge. Although it is covered in law 13 of 2003, it does not accept the right and protection as stipulated in the law on wages, employment contracts, freedom of Union and assembly, working hours, occupational safety and health, and social security. With these issues, home workers are very vulnerable and hold poor positions; therefore, particular actions are needed to encourage the protection and fulfillment of their fundamental rights. Strategic policies need to be carried out that recognizes the existence of home workers. These policies need to be incorporated into national statistical data and legislation as an affirmative step taken by the Indonesian Government. Furthermore, the Government needs to develop home worker protection policies that include their fundamental rights. The Government needs to establish a mandatory minimum health and worker protection scheme not to be a burden","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":"25 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41292555","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 : 2021-04-28DOI: 10.31603/variajusticia.v17i1.4368
N. Yuliartini, Wita Setyaningrum, D. Mangku
The rise of rape cases in Indonesia has resulted in social unrest, especially among women and children. Sometimes, judges have difficulty determining indicative evidence of rape cases. This study aims to analyze the strength of the evidence as consideration for judges in the criminal case of rape. This research is normative legal research. The data used in this research is secondary data obtained through a literature study and analyzed juridically normative based on a statutory and conceptual approach. The legal materials used in this research are primary and secondary legal materials. The study results show that rape is the most difficult crime to prove, considering that this kind of crime is often committed in places where it is difficult to find witnesses. Judges experience difficulties in concretely explaining evidence. Even in court practice often experience difficulties in applying it. These difficulties can then have implications for the decision that the judge will release because the decision is dominated by the judge's verdict, which may be excessive. Indicative evidence is the only indirect evidence among other evidence formulated in Article 184 of the Criminal Procedure Code.
{"title":"The Complexity of Determining Indicative Evidence in The Rape Criminal Act","authors":"N. Yuliartini, Wita Setyaningrum, D. Mangku","doi":"10.31603/variajusticia.v17i1.4368","DOIUrl":"https://doi.org/10.31603/variajusticia.v17i1.4368","url":null,"abstract":"The rise of rape cases in Indonesia has resulted in social unrest, especially among women and children. Sometimes, judges have difficulty determining indicative evidence of rape cases. This study aims to analyze the strength of the evidence as consideration for judges in the criminal case of rape. This research is normative legal research. The data used in this research is secondary data obtained through a literature study and analyzed juridically normative based on a statutory and conceptual approach. The legal materials used in this research are primary and secondary legal materials. The study results show that rape is the most difficult crime to prove, considering that this kind of crime is often committed in places where it is difficult to find witnesses. Judges experience difficulties in concretely explaining evidence. Even in court practice often experience difficulties in applying it. These difficulties can then have implications for the decision that the judge will release because the decision is dominated by the judge's verdict, which may be excessive. Indicative evidence is the only indirect evidence among other evidence formulated in Article 184 of the Criminal Procedure Code.","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47120893","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}