Pub Date : 2023-07-31DOI: 10.28946/slrev.vol7.iss2.2427.pp318-334
Nashriana Nashriana, Desia Rakhma Banjarani, Marwin S Del Rosario, Vera Novianti
Indonesia’s juvenile delinquency is rapidly increasing in a high number every year. At the same time, restorative justice’s implementation through the diversion mechanism is ineffective. This circumstance indicates that efforts to enhance juvenile delinquency settlement are essential. Hence, this research elaborates on diversion challenges in settling cases involving juveniles in Indonesia. Moreover, it will analyse efforts to optimise diversion implementation in strengthening restorative justice in settling juvenile cases in Indonesia. This is normative research that uses a statutory approach and is described qualitatively. The research illustrates numerous obstacles in applying diversion during juvenile delinquency resolution in Indonesia. Amongst the difficulties are legal factors; law enforcer factors; factors of means or supporting facilities; societal factors, and cultural factors. These challenges incline the necessity to improve diversion applications in Indonesia’s juvenile delinquency. The effectiveness of diversion will contribute positively to the restorative justice system in Indonesia. Furthermore, optimising diversion is possible through reformulating regulation and prioritising prevention efforts to prevent juvenile delinquency from reaching litigation settlement.
{"title":"Enhancing Restorative Justice in Indonesia: Exploring Diversion Implementation for Effective Juvenile Delinquency Settlement","authors":"Nashriana Nashriana, Desia Rakhma Banjarani, Marwin S Del Rosario, Vera Novianti","doi":"10.28946/slrev.vol7.iss2.2427.pp318-334","DOIUrl":"https://doi.org/10.28946/slrev.vol7.iss2.2427.pp318-334","url":null,"abstract":"Indonesia’s juvenile delinquency is rapidly increasing in a high number every year. At the same time, restorative justice’s implementation through the diversion mechanism is ineffective. This circumstance indicates that efforts to enhance juvenile delinquency settlement are essential. Hence, this research elaborates on diversion challenges in settling cases involving juveniles in Indonesia. Moreover, it will analyse efforts to optimise diversion implementation in strengthening restorative justice in settling juvenile cases in Indonesia. This is normative research that uses a statutory approach and is described qualitatively. The research illustrates numerous obstacles in applying diversion during juvenile delinquency resolution in Indonesia. Amongst the difficulties are legal factors; law enforcer factors; factors of means or supporting facilities; societal factors, and cultural factors. These challenges incline the necessity to improve diversion applications in Indonesia’s juvenile delinquency. The effectiveness of diversion will contribute positively to the restorative justice system in Indonesia. Furthermore, optimising diversion is possible through reformulating regulation and prioritising prevention efforts to prevent juvenile delinquency from reaching litigation settlement.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135313764","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}
Sharia economic law in Indonesia has been revitalised through legal unification and codification to improve national economic development. In this context, the Sharia economy has become a guideline in every transaction. Therefore, people must understand the Islamic economic concept to create maslahah (goodness) in every aspect of life. Sharia economic law is not a new system, as it has been implemented since the era of the Prophet. However, there is a need for adjustment in the implementation of the Sharia economic law from time to time to enable it responding the current development. This study employs qualitative inquiry, using library research to analyse Sharia economic law's history and legal development. Legal documents used include state laws and regulations, the regulations of the Bank of Indonesia, the fatwa of DSN-MUI, and others. This paper argues that the revitalisation of the Sharia economic law in Indonesia is in line with the efforts made by the predominantly Muslim population to conserve and develop the system. This includes non-legalised and legalised implementation of the Sharia economic system, such as Sharia banking. Furthermore, the system does not contradict the value of Pancasila and the 1945 Constitution’s pillars of the Unitary State of the Republic of Indonesia. Sharia economic law, prioritising moral and religious principles, has proven to create maslahah and become a solution to the economic crisis. This was shown by the survival of Sharia banks during the 1998 economic crisis, maintaining the Sharia-standardised contract to create justice in society.
{"title":"In Search of Ummah Welfare Model: The Revitalisation of Sharia Economic Law in Indonesia","authors":"Erie Hariyanto, Harisa Harisah, Moh. Hamzah, Fatekhul Mujib, Hidayatullah Hidayatullah, Cut Linda Marheni","doi":"10.28946/slrev.vol7.iss2.1080.pp244-261","DOIUrl":"https://doi.org/10.28946/slrev.vol7.iss2.1080.pp244-261","url":null,"abstract":"Sharia economic law in Indonesia has been revitalised through legal unification and codification to improve national economic development. In this context, the Sharia economy has become a guideline in every transaction. Therefore, people must understand the Islamic economic concept to create maslahah (goodness) in every aspect of life. Sharia economic law is not a new system, as it has been implemented since the era of the Prophet. However, there is a need for adjustment in the implementation of the Sharia economic law from time to time to enable it responding the current development. This study employs qualitative inquiry, using library research to analyse Sharia economic law's history and legal development. Legal documents used include state laws and regulations, the regulations of the Bank of Indonesia, the fatwa of DSN-MUI, and others. This paper argues that the revitalisation of the Sharia economic law in Indonesia is in line with the efforts made by the predominantly Muslim population to conserve and develop the system. This includes non-legalised and legalised implementation of the Sharia economic system, such as Sharia banking. Furthermore, the system does not contradict the value of Pancasila and the 1945 Constitution’s pillars of the Unitary State of the Republic of Indonesia. Sharia economic law, prioritising moral and religious principles, has proven to create maslahah and become a solution to the economic crisis. This was shown by the survival of Sharia banks during the 1998 economic crisis, maintaining the Sharia-standardised contract to create justice in society.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135313763","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 : 2023-07-31DOI: 10.28946/slrev.vol7.iss2.2557.pp287-299
Efik Yusdiansyah
The development of State Administration Law is a prerequisite for constitutional development in realising good governance. From the perspective of national administration, administrative reform is a revision of several legal policies related to structure, process, and management in the areas of finance, supervision, staffing, accountability and transparency, and political decision-making processes and their implementation. Political decision-making process and its implementation. State administration reform also means reform in the field of state administration law. As one of the efforts to use the Islamic Law approach, one of which is the principle of maslahah mursalah, which prioritises the benefit of the people. So what if this principle is applied to policy making by State Administrative Officials. This study aims to determine the application of the principle of maslahah mursalah to State Administrative Decisions. The method used is normative legal research method, using deductive analysis method. It is hoped that the results of this research will be able to provide an overview of the role of the maslahah mursalah principle in efforts to realise State Administrative Decisions based on good values, as well as providing a sense of justice and prioritising benefits and avoiding mischief.
{"title":"The State Administrative Decision-Making in the Adoption of Maslahah Mursallah Principle in Indonesia","authors":"Efik Yusdiansyah","doi":"10.28946/slrev.vol7.iss2.2557.pp287-299","DOIUrl":"https://doi.org/10.28946/slrev.vol7.iss2.2557.pp287-299","url":null,"abstract":"The development of State Administration Law is a prerequisite for constitutional development in realising good governance. From the perspective of national administration, administrative reform is a revision of several legal policies related to structure, process, and management in the areas of finance, supervision, staffing, accountability and transparency, and political decision-making processes and their implementation. Political decision-making process and its implementation. State administration reform also means reform in the field of state administration law. As one of the efforts to use the Islamic Law approach, one of which is the principle of maslahah mursalah, which prioritises the benefit of the people. So what if this principle is applied to policy making by State Administrative Officials. This study aims to determine the application of the principle of maslahah mursalah to State Administrative Decisions. The method used is normative legal research method, using deductive analysis method. It is hoped that the results of this research will be able to provide an overview of the role of the maslahah mursalah principle in efforts to realise State Administrative Decisions based on good values, as well as providing a sense of justice and prioritising benefits and avoiding mischief.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135313769","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}
Global criminal political considerations are strengthening national laws to realise Restorative Justice for the achievement of recovery for victims, perpetrators and the social order of society. The perspective of Restorative Justice can not only be seen from the concept of national law but of course, it can also be seen from the perspective of International Law. One form of Restorative Justice includes Diversi in the Juvenile Criminal Justice System, where Diversi is the result of International Conventions, one of which is the United Nations Rules for The Protection of Juvenile Deprived of Their Liberty (UNRPJ). This paper focuses on the principle that the purpose of criminalising and rectifying criminals is not only a national problem by a particular state but also a general problem by all countries. The research uses a Normative Juridical method with a statute approach, concept and doctrine approach. This research specifically how the contribution of international law in strengthening the ideas and values of Restorative Justice, and its conclusion, restorative justice in the development of criminal policy needs to be given a special space, namely given space for the implementation of restorative justice through policy modify which of course puts forward the idea of recovery for victims, perpetrators and also the community. Restorative justice is familiar in international law, even via the UN congress greater than as soon as it has issued thoughts of struggle by promoting restorative justice. An extra humanist purpose is to be the primary character of international law, as is the precept of worldwide law that each conflict that arises requires a decision that has to be primarily based on humanity.
{"title":"Does International Law Acknowledge Restorative Justice?","authors":"Sulbadana Sulbadana, Haniyatul Husna binti Md Mohtar, AndiIntan Purnamasari, Supriyadi Supriyadi","doi":"10.28946/slrev.vol7.iss1.2130.pp121-134","DOIUrl":"https://doi.org/10.28946/slrev.vol7.iss1.2130.pp121-134","url":null,"abstract":"Global criminal political considerations are strengthening national laws to realise Restorative Justice for the achievement of recovery for victims, perpetrators and the social order of society. The perspective of Restorative Justice can not only be seen from the concept of national law but of course, it can also be seen from the perspective of International Law. One form of Restorative Justice includes Diversi in the Juvenile Criminal Justice System, where Diversi is the result of International Conventions, one of which is the United Nations Rules for The Protection of Juvenile Deprived of Their Liberty (UNRPJ). This paper focuses on the principle that the purpose of criminalising and rectifying criminals is not only a national problem by a particular state but also a general problem by all countries. The research uses a Normative Juridical method with a statute approach, concept and doctrine approach. This research specifically how the contribution of international law in strengthening the ideas and values of Restorative Justice, and its conclusion, restorative justice in the development of criminal policy needs to be given a special space, namely given space for the implementation of restorative justice through policy modify which of course puts forward the idea of recovery for victims, perpetrators and also the community. Restorative justice is familiar in international law, even via the UN congress greater than as soon as it has issued thoughts of struggle by promoting restorative justice. An extra humanist purpose is to be the primary character of international law, as is the precept of worldwide law that each conflict that arises requires a decision that has to be primarily based on humanity.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"38 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74643284","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 : 2023-01-31DOI: 10.28946/slrev.vol7.iss1.2138.pp150-172
H. N. Widhiyanti, Safinaz Mohd Hussein, Ranitya Ganindha
Cryptocurrencies can facilitate cross-border global transfers easily and pseudonymously. It can be converted into fiat currencies, making it suitable for money laundering crimes. This study compared legal regulations in the United States that analysed the readiness of regulations and Indonesia's legal loopholes in responding to the development of the cryptocurrency business. As a result, cryptocurrency in Indonesia is susceptible to being used as a money-laundering tool due to the novelty of the technology, the anonymity it provides its users, and the immaturity of the regulations governing it. Therefore, it is necessary to create a cryptocurrency that can follow the “Travel Rule” and collect and share information about the people who send and receive cryptocurrency, like in the US. The study also argues that passive detection is used to detect the identity of cryptocurrency users through a centralised service. However, several cryptocurrency developers have responded to the increase in pseudonymity tracking methods by developing cryptocurrencies with greater secrecy change.
{"title":"Indonesian Cryptocurrencies Legislative Readiness: Lessons from the United States","authors":"H. N. Widhiyanti, Safinaz Mohd Hussein, Ranitya Ganindha","doi":"10.28946/slrev.vol7.iss1.2138.pp150-172","DOIUrl":"https://doi.org/10.28946/slrev.vol7.iss1.2138.pp150-172","url":null,"abstract":"Cryptocurrencies can facilitate cross-border global transfers easily and pseudonymously. It can be converted into fiat currencies, making it suitable for money laundering crimes. This study compared legal regulations in the United States that analysed the readiness of regulations and Indonesia's legal loopholes in responding to the development of the cryptocurrency business. As a result, cryptocurrency in Indonesia is susceptible to being used as a money-laundering tool due to the novelty of the technology, the anonymity it provides its users, and the immaturity of the regulations governing it. Therefore, it is necessary to create a cryptocurrency that can follow the “Travel Rule” and collect and share information about the people who send and receive cryptocurrency, like in the US. The study also argues that passive detection is used to detect the identity of cryptocurrency users through a centralised service. However, several cryptocurrency developers have responded to the increase in pseudonymity tracking methods by developing cryptocurrencies with greater secrecy change.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"61 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79593065","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 : 2023-01-31DOI: 10.28946/slrev.vol7.iss1.1367.pp173-188
Rr. Herini Siti Aisyah, M. H. Shubhan, N. Minarno, S. Siswanto, S. Sudarsono, Siswandi Hendarta, Raissa Virgy Rianda, Rama Azalix Rianda, Ahmad Munir, H. Irianto
Clean and Healthy Living Behavior (CHLB) is influenced by some factors such as knowledge, attitudes, economic status, and supports from health and social officers. Increasing the knowledge of CHLB in the household structure is very important. The regulation on Health Development Program concerns the guidelines for implementing healthy Indonesian programs with a family approach. Several obstacles involved the queue of patients, doctors, installation and emergency room, and working hours. This study aims to examine community empowerment policies for clean and healthy living behaviours, which are expected to be a solution to restrictions on several aspects of health facilities, increasing population and demands better service quality. The research method uses a socio-legal qualitative approach. Supporting Legal is collected. Field research is also conducted. In-depth interviews and FGDs carried out data collection. This study concludes that community empowerment is carried out using an educational approach involving community and religious leaders. Community empowerment aims to develop community knowledge and skills, use health facilities, and create health institutions that originate from the community. Critical awareness must be built by forming a Clean and Healthy Community Movement group to give the community a CHLB. Empowering people to live clean and healthy lives takes a long time and consistently. For this reason, there is a need for legal instruments that must be enforced strictly and with wisdom.
{"title":"The Community Empowerment Policy to Lead A Clean and Healthy Life in Indonesia","authors":"Rr. Herini Siti Aisyah, M. H. Shubhan, N. Minarno, S. Siswanto, S. Sudarsono, Siswandi Hendarta, Raissa Virgy Rianda, Rama Azalix Rianda, Ahmad Munir, H. Irianto","doi":"10.28946/slrev.vol7.iss1.1367.pp173-188","DOIUrl":"https://doi.org/10.28946/slrev.vol7.iss1.1367.pp173-188","url":null,"abstract":"Clean and Healthy Living Behavior (CHLB) is influenced by some factors such as knowledge, attitudes, economic status, and supports from health and social officers. Increasing the knowledge of CHLB in the household structure is very important. The regulation on Health Development Program concerns the guidelines for implementing healthy Indonesian programs with a family approach. Several obstacles involved the queue of patients, doctors, installation and emergency room, and working hours. This study aims to examine community empowerment policies for clean and healthy living behaviours, which are expected to be a solution to restrictions on several aspects of health facilities, increasing population and demands better service quality. The research method uses a socio-legal qualitative approach. Supporting Legal is collected. Field research is also conducted. In-depth interviews and FGDs carried out data collection. This study concludes that community empowerment is carried out using an educational approach involving community and religious leaders. Community empowerment aims to develop community knowledge and skills, use health facilities, and create health institutions that originate from the community. Critical awareness must be built by forming a Clean and Healthy Community Movement group to give the community a CHLB. Empowering people to live clean and healthy lives takes a long time and consistently. For this reason, there is a need for legal instruments that must be enforced strictly and with wisdom.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86877819","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 : 2023-01-31DOI: 10.28946/slrev.vol7.iss1.2119.pp135-149
Desak Putu Dewi Kasih, I. B. W. Putra, Lukas Banu, Ida Bagus Erwin Ranawijaya, Ida Bagus Aswin Pranawa Sidhi
New Zealand relies heavily on its agricultural industry. There are over 4,150 cultivators in the horticultural sector. They require the cooperation of foreign workers. Some of them were recruited from Indonesia, where most of the labour force is poor and unskilled. This research is conducted to analyse the compatibility of legislation and policy in Indonesia and New Zealand. So, they may enjoy their rights and possibilities for choosing, acquiring, or migrating from one work to another and earning a fair salary, whether domestically or internationally. Based on the contextual law method, it has been concluded that New Zealand’s laws provide excellent regulations for such enjoyment. Regarding the equal enjoyment of their fundamental employment rights, Indonesian Law and policy have failed to meet the needs of employees. This article demonstrates the Indonesian and New Zealand legal systems’ capacity and the need for Indonesian Law to be reconstructed to fulfil workers' demands.
{"title":"Indonesia’s Contra-Productive Regulation against the Rights of Unskilled Workers for Balinese in New Zealand","authors":"Desak Putu Dewi Kasih, I. B. W. Putra, Lukas Banu, Ida Bagus Erwin Ranawijaya, Ida Bagus Aswin Pranawa Sidhi","doi":"10.28946/slrev.vol7.iss1.2119.pp135-149","DOIUrl":"https://doi.org/10.28946/slrev.vol7.iss1.2119.pp135-149","url":null,"abstract":"New Zealand relies heavily on its agricultural industry. There are over 4,150 cultivators in the horticultural sector. They require the cooperation of foreign workers. Some of them were recruited from Indonesia, where most of the labour force is poor and unskilled. This research is conducted to analyse the compatibility of legislation and policy in Indonesia and New Zealand. So, they may enjoy their rights and possibilities for choosing, acquiring, or migrating from one work to another and earning a fair salary, whether domestically or internationally. Based on the contextual law method, it has been concluded that New Zealand’s laws provide excellent regulations for such enjoyment. Regarding the equal enjoyment of their fundamental employment rights, Indonesian Law and policy have failed to meet the needs of employees. This article demonstrates the Indonesian and New Zealand legal systems’ capacity and the need for Indonesian Law to be reconstructed to fulfil workers' demands.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"80 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83386691","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 : 2023-01-27DOI: 10.28946/slrev.vol7.iss1.1919.pp87-104
Nur Rochaeti, M. Prasetyo, Umi Rozah, Jihyun Park
The Indonesiancrime rate until May 2020 increased due to public orders and crime disturbances in the last 22 weeks.Data from correctional institutions in February 2021 showed that some regional offices were over capacity while others were normal. The 1945 IndonesianConstitution recognises traditional institutions in the criminal justice system and requires judges to consider legal values and a sense of justice in society. This study aims to determine Indonesia's customary criminal justice system as a form of restorative justice. This research used a socio-legal approach and found that public participation in Indonesia, through customary groups, can help prevent crime and solve problems through discussion and following applicable customary law processes. As a result, Indonesian researchers have regulated and recognised customary justice's existence and implemented it to deal with cases in their environment. Restorative justice is a criminal mechanism that aims to restore the relationship of the conflicting parties to the state before the conflict and is carried out informally. This concept is also an acknowledgement of oriental legal philosophy which, in resolving any conflict, always seeks to restore relations; macro stability or society can even affect the stability of the universe. The practice of Restorative Justice occurs in customary law. As a legal philosophy, the legal policy of implementing Restorative justice should be interpreted mainly as revitalising customary law if conflicts occur between fellow supporters of the same customary law. The settlement of cases in the Baduy community is straightforward. The settlement prioritises forgiving each other. Restorative justice is performed by combining criminal justice mechanisms with public participation in a discussion mediation.
{"title":"A Restorative Justice System in Indonesia: A Close View from the Indigenous Peoples’ Practices","authors":"Nur Rochaeti, M. Prasetyo, Umi Rozah, Jihyun Park","doi":"10.28946/slrev.vol7.iss1.1919.pp87-104","DOIUrl":"https://doi.org/10.28946/slrev.vol7.iss1.1919.pp87-104","url":null,"abstract":"The Indonesiancrime rate until May 2020 increased due to public orders and crime disturbances in the last 22 weeks.Data from correctional institutions in February 2021 showed that some regional offices were over capacity while others were normal. The 1945 IndonesianConstitution recognises traditional institutions in the criminal justice system and requires judges to consider legal values and a sense of justice in society. This study aims to determine Indonesia's customary criminal justice system as a form of restorative justice. This research used a socio-legal approach and found that public participation in Indonesia, through customary groups, can help prevent crime and solve problems through discussion and following applicable customary law processes. As a result, Indonesian researchers have regulated and recognised customary justice's existence and implemented it to deal with cases in their environment. Restorative justice is a criminal mechanism that aims to restore the relationship of the conflicting parties to the state before the conflict and is carried out informally. This concept is also an acknowledgement of oriental legal philosophy which, in resolving any conflict, always seeks to restore relations; macro stability or society can even affect the stability of the universe. The practice of Restorative Justice occurs in customary law. As a legal philosophy, the legal policy of implementing Restorative justice should be interpreted mainly as revitalising customary law if conflicts occur between fellow supporters of the same customary law. The settlement of cases in the Baduy community is straightforward. The settlement prioritises forgiving each other. Restorative justice is performed by combining criminal justice mechanisms with public participation in a discussion mediation.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"13 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89136720","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 : 2023-01-27DOI: 10.28946/slrev.vol7.iss1.1507.pp73-86
Mohammad H. Bashayreh, Amer Tabbara, Fadi N. Sibai
Artificial intelligence (AI) has risen to legal debate over legal liability in-volved in an incident. An intelligent machine can learn through experience and adapts its decisions accordingly. As such, if an intelligent machine’s be-haviour causes harm, the developer and the machine's owner may argue that the autonomous nature of AI systems has broken the causal link. The diffi-culty of determining who is liable for a harmful behaviour of an AI system is accentuated by the fact that tracing back the decision-making process of an AI system is not always possible. This paper aims to put forward a definition of a duty of care for developers and users of AI systems that could be the basis for the investigation of liability while seeking predictability of the allo-cation of legal liability in many cases involving AI incidents. The paper ex-amines some guidelines on ethics for AI to discern essential elements of the duty of care in the AI environment. The paper argues that a uniform minimum standard of care should be adopted internationally through model laws or even an international convention. A uniform standard of care should be enforced by State control rather than self-regulation by the AI industry. A licensing or certification requirement for AI products should be implemented to verify that the elements of the duty of care have been satisfied to control AI production and import/export relations. Violation of the standard of care can be an objective ground to negate or allocate negligence, especially when verifying errors in the design of the relevant software or if explaining the AI system's behaviour is not possible. A clear standard of care would, this paper assumes, help promote AI development and use and would not create imped-iments to investment in AI production.
{"title":"The Need for a Legal Standard of Care in the AI Environment","authors":"Mohammad H. Bashayreh, Amer Tabbara, Fadi N. Sibai","doi":"10.28946/slrev.vol7.iss1.1507.pp73-86","DOIUrl":"https://doi.org/10.28946/slrev.vol7.iss1.1507.pp73-86","url":null,"abstract":"Artificial intelligence (AI) has risen to legal debate over legal liability in-volved in an incident. An intelligent machine can learn through experience and adapts its decisions accordingly. As such, if an intelligent machine’s be-haviour causes harm, the developer and the machine's owner may argue that the autonomous nature of AI systems has broken the causal link. The diffi-culty of determining who is liable for a harmful behaviour of an AI system is accentuated by the fact that tracing back the decision-making process of an AI system is not always possible. This paper aims to put forward a definition of a duty of care for developers and users of AI systems that could be the basis for the investigation of liability while seeking predictability of the allo-cation of legal liability in many cases involving AI incidents. The paper ex-amines some guidelines on ethics for AI to discern essential elements of the duty of care in the AI environment. The paper argues that a uniform minimum standard of care should be adopted internationally through model laws or even an international convention. A uniform standard of care should be enforced by State control rather than self-regulation by the AI industry. A licensing or certification requirement for AI products should be implemented to verify that the elements of the duty of care have been satisfied to control AI production and import/export relations. Violation of the standard of care can be an objective ground to negate or allocate negligence, especially when verifying errors in the design of the relevant software or if explaining the AI system's behaviour is not possible. A clear standard of care would, this paper assumes, help promote AI development and use and would not create imped-iments to investment in AI production.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"52 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72637743","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 : 2023-01-27DOI: 10.28946/slrev.vol7.iss1.1843.pp105-120
Hidayatulloh Hidayatulloh, Éva Erdős
Several Indonesian State-Owned Enterprises (SOEs) have had very high debts recently. Several reasons, such as government assignment projects, the impact of the Covid-19 pandemic, and corrupt management behaviour, have caused the increase in liability. There is a fierce debate among academics and legal scholars regarding whether the SOE’s debt is state debt. A state company is an independent legal entity separate from the state and obtains capital from separated state assets. Besides, the state, as the majority shareholder, assigns SOEs to projects that support government programs even though they are not profitable. In addition, several SOEs often receive State Equity Participation to survive bankruptcy caused by running out of capital or large debts. This paper will analyse the country's debt status from the perspective of public finance by taking the case of Indonesia. Moreover, it will explore the theoretical and empirical aspects of SOE’s debt from a state finance point of view. This study will use doctrinal legal research to interrogate the law as it is and should be. Although this research concludes that SOEs' finances are a state financial regime, the supervision of SOEs is not Government Judgment Rules but Business Judgment Rules. SOE's debt is the responsibility of SOE as a corporate legal entity. In the case of Indonesia, the government often rescues SOEs that have failed to pay their debts through State Equity Participation and/or privatisation while maintaining most state ownership shares, for instance, Garuda Indonesia, a national airline. Finally, state accountability for SOE's debt only occurs indirectly because of the financial separation between the state and companies. The Indonesian government saved Garuda Indonesia's finances to protect national assets and continue to control vital businesses. However, the state must also reform the management of SOEs so as not to harm state finances by upholding good corporate governance and preventing fraud and corruption.
{"title":"State-Owned Enterprise’s Debt in the State Financial Regime","authors":"Hidayatulloh Hidayatulloh, Éva Erdős","doi":"10.28946/slrev.vol7.iss1.1843.pp105-120","DOIUrl":"https://doi.org/10.28946/slrev.vol7.iss1.1843.pp105-120","url":null,"abstract":"Several Indonesian State-Owned Enterprises (SOEs) have had very high debts recently. Several reasons, such as government assignment projects, the impact of the Covid-19 pandemic, and corrupt management behaviour, have caused the increase in liability. There is a fierce debate among academics and legal scholars regarding whether the SOE’s debt is state debt. A state company is an independent legal entity separate from the state and obtains capital from separated state assets. Besides, the state, as the majority shareholder, assigns SOEs to projects that support government programs even though they are not profitable. In addition, several SOEs often receive State Equity Participation to survive bankruptcy caused by running out of capital or large debts. This paper will analyse the country's debt status from the perspective of public finance by taking the case of Indonesia. Moreover, it will explore the theoretical and empirical aspects of SOE’s debt from a state finance point of view. This study will use doctrinal legal research to interrogate the law as it is and should be. Although this research concludes that SOEs' finances are a state financial regime, the supervision of SOEs is not Government Judgment Rules but Business Judgment Rules. SOE's debt is the responsibility of SOE as a corporate legal entity. In the case of Indonesia, the government often rescues SOEs that have failed to pay their debts through State Equity Participation and/or privatisation while maintaining most state ownership shares, for instance, Garuda Indonesia, a national airline. Finally, state accountability for SOE's debt only occurs indirectly because of the financial separation between the state and companies. The Indonesian government saved Garuda Indonesia's finances to protect national assets and continue to control vital businesses. However, the state must also reform the management of SOEs so as not to harm state finances by upholding good corporate governance and preventing fraud and corruption.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"25 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77104474","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}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：