Pub Date : 2024-02-18DOI: 10.28946/slrev.vol8.iss1.1537.pp197-212
Achmad Romsan, M. Utama, Irsan Irsan, Akhmad Idris, Tuti Indah Sari, Azhar Azhar, Herwin Herwin, M. Verawaty, Hamet Hashemi, Maysam Aboutalebi Najafabadi
Land fires in South Sumatra are an annual problem during the long dry season. It was recorded that in 2015, 2016, 2017, and 2018, the land fires spread massively in the four districts of South Sumatra. The peatlands located within oil palm plantations in the Districts of Ogan Komering Ilir, Banyuasin, Musi Banyuasin, and the district of Ogan Ilir were the source of the fire. The haze not only attracts national but also international attention. Besides human contribution to land fire, climate change should also be considered. The role of El Nino makes the season uncertain. Land fires affect human health and other human activities in the affected areas. Three legal instruments guarantee and protect the people's right to the environment, i.e., The 1945 Indonesian Constitution, the 2009 Law No. 32 on the Environment, and the 1999 Law No. 39 on Human Rights. The problem raised herein is to what extent people can claim the right to a clean environment as human rights guaranteed and protected in those legal instruments. The results of the discussion show that those three legal instruments do not protect people whose human rights have been violated. This is because 2000 Law No. 26 on Human Rights has no jurisdiction over environmental matters. It is suggested that establishing a special Environmental Court is the solution to protect community environmental human rights cases.
{"title":"Can the Right to A Good and Healthy Environment be Claimed as a Human Right?","authors":"Achmad Romsan, M. Utama, Irsan Irsan, Akhmad Idris, Tuti Indah Sari, Azhar Azhar, Herwin Herwin, M. Verawaty, Hamet Hashemi, Maysam Aboutalebi Najafabadi","doi":"10.28946/slrev.vol8.iss1.1537.pp197-212","DOIUrl":"https://doi.org/10.28946/slrev.vol8.iss1.1537.pp197-212","url":null,"abstract":"Land fires in South Sumatra are an annual problem during the long dry season. It was recorded that in 2015, 2016, 2017, and 2018, the land fires spread massively in the four districts of South Sumatra. The peatlands located within oil palm plantations in the Districts of Ogan Komering Ilir, Banyuasin, Musi Banyuasin, and the district of Ogan Ilir were the source of the fire. The haze not only attracts national but also international attention. Besides human contribution to land fire, climate change should also be considered. The role of El Nino makes the season uncertain. Land fires affect human health and other human activities in the affected areas. Three legal instruments guarantee and protect the people's right to the environment, i.e., The 1945 Indonesian Constitution, the 2009 Law No. 32 on the Environment, and the 1999 Law No. 39 on Human Rights. The problem raised herein is to what extent people can claim the right to a clean environment as human rights guaranteed and protected in those legal instruments. The results of the discussion show that those three legal instruments do not protect people whose human rights have been violated. This is because 2000 Law No. 26 on Human Rights has no jurisdiction over environmental matters. It is suggested that establishing a special Environmental Court is the solution to protect community environmental human rights cases.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"183 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140452518","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 : 2024-01-31DOI: 10.28946/slrev.vol8.iss1.2227.pp183-196
A. Lanini, S. Yodo, Ikhsan Syafiuddin, Muhammad Ahsan Samad
The era of free trade, including trade in labour services, has been confirmed in the General Agreement on Trade in Services, which guarantees everyone the right to work anywhere, including in Indonesia, without discrimination while complying with Indonesian national laws. However, the entry of foreign workers raises several problems in the social and economic fields as well as security and order regarding the placement of these foreign workers. Regulation over the workers is ineffective because only a few authorities are delegated to the local government. This study aims to determine and measure the effectiveness of supervision of foreign workers by the Department of Manpower and Transmigration of the Central Sulawesi Province and to describe the supervision standards of foreign workers that already exist and should be implemented. The empirical legal research is used to examine the provisions of the supervision of foreign workers through observation, in-depth interviews, and focus group discussions. The data that have been collected are processed, classified, qualified, and then analysed qualitatively. The study found that only a few authorities regulated the duties and functions of supervision. The standard of foreign worker supervision has yet to be specifically regulated, so it still faces obstacles regarding coordination between the authorised agencies.
{"title":"Standardisation of Foreign Labour Investigation of Mineral Mining Company","authors":"A. Lanini, S. Yodo, Ikhsan Syafiuddin, Muhammad Ahsan Samad","doi":"10.28946/slrev.vol8.iss1.2227.pp183-196","DOIUrl":"https://doi.org/10.28946/slrev.vol8.iss1.2227.pp183-196","url":null,"abstract":"The era of free trade, including trade in labour services, has been confirmed in the General Agreement on Trade in Services, which guarantees everyone the right to work anywhere, including in Indonesia, without discrimination while complying with Indonesian national laws. However, the entry of foreign workers raises several problems in the social and economic fields as well as security and order regarding the placement of these foreign workers. Regulation over the workers is ineffective because only a few authorities are delegated to the local government. This study aims to determine and measure the effectiveness of supervision of foreign workers by the Department of Manpower and Transmigration of the Central Sulawesi Province and to describe the supervision standards of foreign workers that already exist and should be implemented. The empirical legal research is used to examine the provisions of the supervision of foreign workers through observation, in-depth interviews, and focus group discussions. The data that have been collected are processed, classified, qualified, and then analysed qualitatively. The study found that only a few authorities regulated the duties and functions of supervision. The standard of foreign worker supervision has yet to be specifically regulated, so it still faces obstacles regarding coordination between the authorised agencies.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"81 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140477351","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 : 2024-01-31DOI: 10.28946/slrev.vol8.iss1.2159.pp171-182
Arief Patramijaya
Criminal law in Indonesia has yet to guarantee justice and human rights of bona fide (good faith) third parties in protecting their confiscated assets in corruption and money laundering cases. Criminal procedural law is inadequate in providing assessments for bona fide third parties. Therefore, Economics and Anthropology are needed in the investigation stage up to the evidentiary stage during trials. In this research, the main problems are formulated as follows: (1) what is the concept, definition, and scope of the assets of third parties in good faith in the laws and regulations in Indonesia? (2) how is the application of legal provisions regarding the protection of third parties with good intentions in corruption and money laundering? (3) what is the ideal role of the Public Prosecutor and Judge in protecting the property of a third party with good intentions in the criminal justice system? Normative law research conducted in this article showed that (1) the concept and understanding of bona fide third parties in civil law can be adopted in criminal law; (2) the application of legal protection to bona fide third parties over their assets in corruption and money laundering cases still depends on the moral goodness of law enforcement officials; and (3) investigators, prosecutors, and judges play an important role in protecting the human rights of bona fide third parties in corruption and money laundering cases.
{"title":"Criminal Legal Protection for Bona Fide Third Parties Over Assets in Corruption and Money Laundering Cases","authors":"Arief Patramijaya","doi":"10.28946/slrev.vol8.iss1.2159.pp171-182","DOIUrl":"https://doi.org/10.28946/slrev.vol8.iss1.2159.pp171-182","url":null,"abstract":"Criminal law in Indonesia has yet to guarantee justice and human rights of bona fide (good faith) third parties in protecting their confiscated assets in corruption and money laundering cases. Criminal procedural law is inadequate in providing assessments for bona fide third parties. Therefore, Economics and Anthropology are needed in the investigation stage up to the evidentiary stage during trials. In this research, the main problems are formulated as follows: (1) what is the concept, definition, and scope of the assets of third parties in good faith in the laws and regulations in Indonesia? (2) how is the application of legal provisions regarding the protection of third parties with good intentions in corruption and money laundering? (3) what is the ideal role of the Public Prosecutor and Judge in protecting the property of a third party with good intentions in the criminal justice system? Normative law research conducted in this article showed that (1) the concept and understanding of bona fide third parties in civil law can be adopted in criminal law; (2) the application of legal protection to bona fide third parties over their assets in corruption and money laundering cases still depends on the moral goodness of law enforcement officials; and (3) investigators, prosecutors, and judges play an important role in protecting the human rights of bona fide third parties in corruption and money laundering cases.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"23 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140471413","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 : 2024-01-31DOI: 10.28946/slrev.vol8.iss1.2750.pp1-19
Siti Kunarti, Nur Putri Hidayah, Hariyanto Hariyanto, Muhammad Bahrul Ulum
This research aimed to analyse where the legal politics concerning outsourcing in Indonesia's legal system by scrutinizing its regulation in Book III of the Civil Code and enforcement of the Government Regulation in lieu of Law concerning Job Creation Law Number 6/2023, with its following implication to protect workers at the national level. This research employed doctrinal legal research on legal instruments related to outsourcing with statutory, conceptual, and historical approaches. The research showed that legal politics concerning outsourcing had experienced dynamic congruence with the political configuration when the legislative product on outsourcing was made. The differences emerge where outsourcing is not restricted to certain occupations in Book III of the Civil Code of Indonesia. However, Law Number 13/2003 restricted the definition of outsourcing to occupations not related to core businesses. Law Number 11/2020 and Government Regulation Number 35/2021 fit employers. Both laws govern the legal protection for outsourced employees with the transfer of undertaking to protect employment regarding changing vendors with the condition that the jobs are still available. Meanwhile, the type of work outsourced is unlimited, resulting in a deficit compared to the previous norm.
{"title":"The Legal Politics of Outsourcing and Its Implication for the Protection of Workers in Indonesia","authors":"Siti Kunarti, Nur Putri Hidayah, Hariyanto Hariyanto, Muhammad Bahrul Ulum","doi":"10.28946/slrev.vol8.iss1.2750.pp1-19","DOIUrl":"https://doi.org/10.28946/slrev.vol8.iss1.2750.pp1-19","url":null,"abstract":"This research aimed to analyse where the legal politics concerning outsourcing in Indonesia's legal system by scrutinizing its regulation in Book III of the Civil Code and enforcement of the Government Regulation in lieu of Law concerning Job Creation Law Number 6/2023, with its following implication to protect workers at the national level. This research employed doctrinal legal research on legal instruments related to outsourcing with statutory, conceptual, and historical approaches. The research showed that legal politics concerning outsourcing had experienced dynamic congruence with the political configuration when the legislative product on outsourcing was made. The differences emerge where outsourcing is not restricted to certain occupations in Book III of the Civil Code of Indonesia. However, Law Number 13/2003 restricted the definition of outsourcing to occupations not related to core businesses. Law Number 11/2020 and Government Regulation Number 35/2021 fit employers. Both laws govern the legal protection for outsourced employees with the transfer of undertaking to protect employment regarding changing vendors with the condition that the jobs are still available. Meanwhile, the type of work outsourced is unlimited, resulting in a deficit compared to the previous norm.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"97 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140478437","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 : 2024-01-31DOI: 10.28946/slrev.vol8.iss1.3201.pp152-170
Sri Winarsi
The existence of a legal vacuum in the State Administrative Court (PTUN) procedural law relating to the execution of the PTUN Provisional Decision raises the issue of Judicial Disobedience by state administrative institutions that do not want to carry out the PTUN Provisional Decision. Departing from this, there are two main problem formulations, namely: (1) What are the characteristics of PTUN provisional decisions? and (2) What is the formulation of legal protection against non-compliance with PTUN provisional decisions? Furthermore, this legal research uses a statutory approach, a conceptual approach, and a case approach. Based on an examination of existing legal issues, it can be concluded that provisional decisions are known in PTUN procedural law practice, where provisional decisions are submitted for matters deemed essential (urgent circumstances) by the Plaintiff to the Panel of Judges to be decided in an Interim Decision. Suppose the Party ordered by the PTUN does not implement the PTUN provisional decision. In that case, 2 (two) legal preventive mechanisms and 3 (three) legal repressive remedies can be taken in stages: 1) Sending a letter to the relevant agency, 2) Reporting to the Ombudsman, and 3) Using Criminal Law Mechanisms.
{"title":"Legal Consequences of Disobedience of Provisional Decision of the Administrative Court","authors":"Sri Winarsi","doi":"10.28946/slrev.vol8.iss1.3201.pp152-170","DOIUrl":"https://doi.org/10.28946/slrev.vol8.iss1.3201.pp152-170","url":null,"abstract":"The existence of a legal vacuum in the State Administrative Court (PTUN) procedural law relating to the execution of the PTUN Provisional Decision raises the issue of Judicial Disobedience by state administrative institutions that do not want to carry out the PTUN Provisional Decision. Departing from this, there are two main problem formulations, namely: (1) What are the characteristics of PTUN provisional decisions? and (2) What is the formulation of legal protection against non-compliance with PTUN provisional decisions? Furthermore, this legal research uses a statutory approach, a conceptual approach, and a case approach. Based on an examination of existing legal issues, it can be concluded that provisional decisions are known in PTUN procedural law practice, where provisional decisions are submitted for matters deemed essential (urgent circumstances) by the Plaintiff to the Panel of Judges to be decided in an Interim Decision. Suppose the Party ordered by the PTUN does not implement the PTUN provisional decision. In that case, 2 (two) legal preventive mechanisms and 3 (three) legal repressive remedies can be taken in stages: 1) Sending a letter to the relevant agency, 2) Reporting to the Ombudsman, and 3) Using Criminal Law Mechanisms.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"293 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140477769","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 : 2024-01-31DOI: 10.28946/slrev.vol8.iss1.2726.pp38-59
I. Gede, Widhiana Suarda, Bayu Evan Harman, Dwi Anggono, Fendi Setyawan, Moch. Marsa Taufiqurrohman, Zaki Priambudi 38-59, Evan Hamman, Bayu Dwi Anggono, Moch. Marsa Taufiqurrohman, David Décary-Hétu, Vincent Mousseau, Ikrame Rguioui
The illicit cigarette trade has begun to receive scholarly attention globally. Empirical studies on the illicit cigarette trade are available in the context of Indonesia. However, the Indonesian judicial system lacks a focus on treating illegal practices. To fill the gap, we examine Indonesian court decisions involving the illicit cigarette trade between 2010 and 2019. We provide an overview of the enforcement of Indonesia’s Excise Law 2007 relating to offences related to the illicit cigarette trade. By using a systematic quantitative literature review, we collected data on Indonesian court decisions and found the following: (1) convictions for the practice of illicit trade in cigarettes were relatively steady, with a total number from one to six court decisions annually; (2) certain offences from Indonesia Excise Law 2007 have not been found in the convictions, suggesting their underutilisation in terms of monitoring and enforcement effort; (3) the primary motivation of illicit cigarette traders as reported through the judicial system is the economic benefit or “profit” available to the enterprise; and (4) the sentencing decisions are dominated by the application of the “cumulative principle” with fines and imprisonment applied at the same time. The finding on the average length of imprisonment for illicit cigarettes, which was around 18 months, shows that this crime has low risk compared with the punishment for illicit trade in drugs and narcotics in Indonesia.
{"title":"Illicit Cigarette Trade in Indonesia: Trends and Analysis from the Recent Judgments","authors":"I. Gede, Widhiana Suarda, Bayu Evan Harman, Dwi Anggono, Fendi Setyawan, Moch. Marsa Taufiqurrohman, Zaki Priambudi 38-59, Evan Hamman, Bayu Dwi Anggono, Moch. Marsa Taufiqurrohman, David Décary-Hétu, Vincent Mousseau, Ikrame Rguioui","doi":"10.28946/slrev.vol8.iss1.2726.pp38-59","DOIUrl":"https://doi.org/10.28946/slrev.vol8.iss1.2726.pp38-59","url":null,"abstract":"The illicit cigarette trade has begun to receive scholarly attention globally. Empirical studies on the illicit cigarette trade are available in the context of Indonesia. However, the Indonesian judicial system lacks a focus on treating illegal practices. To fill the gap, we examine Indonesian court decisions involving the illicit cigarette trade between 2010 and 2019. We provide an overview of the enforcement of Indonesia’s Excise Law 2007 relating to offences related to the illicit cigarette trade. By using a systematic quantitative literature review, we collected data on Indonesian court decisions and found the following: (1) convictions for the practice of illicit trade in cigarettes were relatively steady, with a total number from one to six court decisions annually; (2) certain offences from Indonesia Excise Law 2007 have not been found in the convictions, suggesting their underutilisation in terms of monitoring and enforcement effort; (3) the primary motivation of illicit cigarette traders as reported through the judicial system is the economic benefit or “profit” available to the enterprise; and (4) the sentencing decisions are dominated by the application of the “cumulative principle” with fines and imprisonment applied at the same time. The finding on the average length of imprisonment for illicit cigarettes, which was around 18 months, shows that this crime has low risk compared with the punishment for illicit trade in drugs and narcotics in Indonesia.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"531 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140479574","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 : 2024-01-31DOI: 10.28946/slrev.vol8.iss1.2148.pp60-78
Andy Omara, Kristina Viri, Faiz Rahman
A constitutional deferral is an approach utilised by constitutional drafters so that the drafters do not regulate things in detail in the constitution. This approach is believed to provide more opportunity for the constitutional framers to achieve consensus in drafting a constitution. In the end, this helps a constitution last longer. Constitutional deferral also offers some flexibility for the legislative and the judiciary in interpreting the text of the constitution in the future, which may accommodate the original intentions of the constitutional drafters. This paper argues the opposite. In Indonesia, adopting constitutional deferral causes an uncertain future of freedom of association. This paper aims to address two central questions. First, why did the framers of the first constitution adopt constitutional deferral in drafting provisions on freedom of association? Second, what are the consequences of implementing constitutional deferral toward freedom of association in Indonesia? Through historical and doctrinal approaches, the paper concludes (1) that the sharp ideological differences among constitutional drafters when drafting provisions on freedom of association forced them to employ constitutional deferral. (2) The use of constitutional deferral opens more possibilities for inconsistent interpretation by the executive, the lawmakers, and the judiciary when they establish law or adjudicated cases related to freedom of association. Through constitutional deferral, these three branches of government limit freedom of association instead of protecting such freedom.
{"title":"Why Did the Adoption of Constitutional Deferral Lead to Unintended Consequences of Freedom of Association in Indonesia?","authors":"Andy Omara, Kristina Viri, Faiz Rahman","doi":"10.28946/slrev.vol8.iss1.2148.pp60-78","DOIUrl":"https://doi.org/10.28946/slrev.vol8.iss1.2148.pp60-78","url":null,"abstract":"A constitutional deferral is an approach utilised by constitutional drafters so that the drafters do not regulate things in detail in the constitution. This approach is believed to provide more opportunity for the constitutional framers to achieve consensus in drafting a constitution. In the end, this helps a constitution last longer. Constitutional deferral also offers some flexibility for the legislative and the judiciary in interpreting the text of the constitution in the future, which may accommodate the original intentions of the constitutional drafters. This paper argues the opposite. In Indonesia, adopting constitutional deferral causes an uncertain future of freedom of association. This paper aims to address two central questions. First, why did the framers of the first constitution adopt constitutional deferral in drafting provisions on freedom of association? Second, what are the consequences of implementing constitutional deferral toward freedom of association in Indonesia? Through historical and doctrinal approaches, the paper concludes (1) that the sharp ideological differences among constitutional drafters when drafting provisions on freedom of association forced them to employ constitutional deferral. (2) The use of constitutional deferral opens more possibilities for inconsistent interpretation by the executive, the lawmakers, and the judiciary when they establish law or adjudicated cases related to freedom of association. Through constitutional deferral, these three branches of government limit freedom of association instead of protecting such freedom.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"105 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140479283","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}
Law No. 11/2006 on the Government of Aceh (Aceh Government Law) has mandated Aceh Qanun No. 11/2018 on ShariaFinancial Institutions. A thorough and integrated regulatory infrastructure must support the Qanun on Sharia Financial Institutions. The Qanun on Sharia Financial Institutions regulates that all Sharia Financial Institutions operating in Aceh must transition from the conventional to the Sharia system. However, in reality, many norms still need to be synchronised with national rules so that Sharia Financial Institutions do not run optimally. This study aims to map and harmonise legal issues and purification of Qanun on Sharia Financial Institutions in the future. The method used is normative juridical with a qualitative approach and uses secondary data. The study found that first, the mapping of Qanun on Sharia Financial Institutions still has articles that overlap and need to be more technical with the inclusion of the year that has passed. In addition, an article includes administrative sanctions that are not implemented. Then, there are ambiguous norms that cause multiple interpretations. Second, Qanun on Sharia Financial Institutions needs harmonisation with higher laws and regulations. In addition, several Governor and Regent Regulations and other technical rules are required to maximise the implementation. Third, purification is needed by revising articles that overlap with the rules above and harmonising them with national regulations in Islamic finance.
关于亚齐政府的第 11/2006 号法律（《亚齐政府法》）规定了亚齐关于伊斯兰教金融机构的第 11/2018 号 Qanun。全面综合的监管基础设施必须为《伊斯兰教金融机构管理法》提供支持。关于伊斯兰教金融机构的 Qanun 规定，所有在亚齐运营的伊斯兰教金融机构必须从传统系统过渡到伊斯兰教系统。然而，在现实中，许多规范仍需与国家规则保持一致，因此伊斯兰教金融机构无法以最佳状态运行。本研究旨在绘制和协调未来伊斯兰教金融机构的法律问题和净化 Qanun。采用的方法是定性的规范法学方法，并使用二手数据。研究发现，首先，《伊斯兰教金融机构 Qanun》图谱中仍有重叠的条款，需要通过纳入已过去的年份来提高技术性。此外，有些条款还包括未执行的行政处罚。此外，还有一些模棱两可的规范会引起多种解释。其次，关于伊斯兰教金融机构的 Qanun 需要与更高的法律法规相协调。此外，还需要若干总督和摄政条例以及其他技术规则，以最大限度地提高执行效果。第三，需要对与上述规则重叠的条款进行修订，使其与国家伊斯兰金融法规相一致，从而实现净化。
{"title":"Mapping and Harmonizing Qanun on Sharia Financial Institutions","authors":"Faisal Faisal, Jumadiah Jumadiah, Layla Tunnur, Diras Diras, Nanda Amalia","doi":"10.28946/slrev.vol8.iss1.2513.pp20-37","DOIUrl":"https://doi.org/10.28946/slrev.vol8.iss1.2513.pp20-37","url":null,"abstract":"Law No. 11/2006 on the Government of Aceh (Aceh Government Law) has mandated Aceh Qanun No. 11/2018 on ShariaFinancial Institutions. A thorough and integrated regulatory infrastructure must support the Qanun on Sharia Financial Institutions. The Qanun on Sharia Financial Institutions regulates that all Sharia Financial Institutions operating in Aceh must transition from the conventional to the Sharia system. However, in reality, many norms still need to be synchronised with national rules so that Sharia Financial Institutions do not run optimally. This study aims to map and harmonise legal issues and purification of Qanun on Sharia Financial Institutions in the future. The method used is normative juridical with a qualitative approach and uses secondary data. The study found that first, the mapping of Qanun on Sharia Financial Institutions still has articles that overlap and need to be more technical with the inclusion of the year that has passed. In addition, an article includes administrative sanctions that are not implemented. Then, there are ambiguous norms that cause multiple interpretations. Second, Qanun on Sharia Financial Institutions needs harmonisation with higher laws and regulations. In addition, several Governor and Regent Regulations and other technical rules are required to maximise the implementation. Third, purification is needed by revising articles that overlap with the rules above and harmonising them with national regulations in Islamic finance.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"240 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140472211","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 : 2024-01-31DOI: 10.28946/slrev.vol8.iss1.3144.pp79-98
Hafara Khoirunisa, S. Sefriani, Jawahir Thontowi, Jaya Indra Santosa, Yashifa Febriani, Ahmed Zeiad Masoud
The purpose of this study is to analyse the act of genocide in the attempt at Judaization in Palestine based on the 1998 Rome Statute and examine the possibility of categorizing the Judaization of Palestine as cultural genocide because Judaization has changed various aspects of Palestinian life and the Palestinian territories themselves. In addition, cultural genocide has been eliminated from its history, but there are still actions that are assumed to lead to it. This research is a type of normative legal research using a conceptual, statutory, case, and historical approach. The results of this study indicate that the Judaization of land and people in Palestine is a crime of genocide, as stated in Article 6 (c) of the 1998 Rome Statute. At the same time, the Judaization of identity and holy places can be categorized as cultural genocide, according to experts. However, the opinions of experts contained in legal works are subsidiary legal sources and, until now, have not been recognized as customary international law. In addition, the Judaization of identity and holy places within the framework of international law can only be viewed as genocidal intent, not cultural genocide.
{"title":"Judaization in Palestine: Is It Genocide According to the 1998 Rome Statute?","authors":"Hafara Khoirunisa, S. Sefriani, Jawahir Thontowi, Jaya Indra Santosa, Yashifa Febriani, Ahmed Zeiad Masoud","doi":"10.28946/slrev.vol8.iss1.3144.pp79-98","DOIUrl":"https://doi.org/10.28946/slrev.vol8.iss1.3144.pp79-98","url":null,"abstract":"The purpose of this study is to analyse the act of genocide in the attempt at Judaization in Palestine based on the 1998 Rome Statute and examine the possibility of categorizing the Judaization of Palestine as cultural genocide because Judaization has changed various aspects of Palestinian life and the Palestinian territories themselves. In addition, cultural genocide has been eliminated from its history, but there are still actions that are assumed to lead to it. This research is a type of normative legal research using a conceptual, statutory, case, and historical approach. The results of this study indicate that the Judaization of land and people in Palestine is a crime of genocide, as stated in Article 6 (c) of the 1998 Rome Statute. At the same time, the Judaization of identity and holy places can be categorized as cultural genocide, according to experts. However, the opinions of experts contained in legal works are subsidiary legal sources and, until now, have not been recognized as customary international law. In addition, the Judaization of identity and holy places within the framework of international law can only be viewed as genocidal intent, not cultural genocide.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"377 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140470816","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 : 2024-01-31DOI: 10.28946/slrev.vol8.iss1.2049.pp99-114
Muhammad Fauzan, D. Indiahono, R. Ardhanariswari
This article aims to identify the problems of implementing inter-regional cooperation from the widest possible autonomy perspective. This becomes important because cooperation between regions seems to run well shortly after policies in the form of laws and government regulations are enacted. However, in regional cooperation, many problems lurk and can lead to the failure of cooperation between regions. This research is legal research using a statute approach, a conceptual approach, and a historical approach. This research method and approach are appropriate to explain the problematic phenomenon of cooperation between regions in Indonesia based on Law No. 23 of 2014 concerning Regional Government. Based on the results of preliminary research, several problems arise in the implementation of regional cooperation, especially cooperation between regions, including the following: First, cooperation between regions whose object is related to income sharing often experiences difficulties in its implementation, especially in determining the amount of income/profits for each region; Second, the emergence of regional egoism, especially in the cooperation between the Parent Region and the regions resulting from the expansion; Third, the lack of data and information about the object of cooperation that has the potential to be better if implemented through cooperation between regions that are geographically close together; Fourth, the lack of initiation to carry out cooperation between regions due to the mindset of each region to deal with internal affairs only; and Fifth, no institution/agency specifically handles inter-regional cooperation.
{"title":"Problematics of Inter-Regional Cooperation in Indonesia","authors":"Muhammad Fauzan, D. Indiahono, R. Ardhanariswari","doi":"10.28946/slrev.vol8.iss1.2049.pp99-114","DOIUrl":"https://doi.org/10.28946/slrev.vol8.iss1.2049.pp99-114","url":null,"abstract":"This article aims to identify the problems of implementing inter-regional cooperation from the widest possible autonomy perspective. This becomes important because cooperation between regions seems to run well shortly after policies in the form of laws and government regulations are enacted. However, in regional cooperation, many problems lurk and can lead to the failure of cooperation between regions. This research is legal research using a statute approach, a conceptual approach, and a historical approach. This research method and approach are appropriate to explain the problematic phenomenon of cooperation between regions in Indonesia based on Law No. 23 of 2014 concerning Regional Government. Based on the results of preliminary research, several problems arise in the implementation of regional cooperation, especially cooperation between regions, including the following: First, cooperation between regions whose object is related to income sharing often experiences difficulties in its implementation, especially in determining the amount of income/profits for each region; Second, the emergence of regional egoism, especially in the cooperation between the Parent Region and the regions resulting from the expansion; Third, the lack of data and information about the object of cooperation that has the potential to be better if implemented through cooperation between regions that are geographically close together; Fourth, the lack of initiation to carry out cooperation between regions due to the mindset of each region to deal with internal affairs only; and Fifth, no institution/agency specifically handles inter-regional cooperation.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"689 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140474539","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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