Peran Fakultas, Hukum Dalam Penyiapan, Terorisme DI Era Revolusi, Industri, M. Y. Anakotta, Wahyu Krisnanto, Marcia Titi Handayani
The use of information technology for the crime of terrorism is marked by a revolution in the modus operandi of crimes, starting from conventional to modern technological methods. Even though so far Indonesia has handled it fairly well, the crime of terrorism will continue to develop in other ways so that a continuous development of the ways to handle the crime is also needed through the preparation of what is called ‘National Preparedness’. This research begins with the examination of the the crime of terrorism through a legal (criminal) and information technology perspective of the institution of higher education in law (Faculty of Law) in a planned, integrated, systematic and sustainable manner. This study aims to identify and understand the role of higher education institutions, especially Faculty of Law, in preparing Indonesia's National Preparedness to tackle terrorism crimes. Researchers use empirical juridical research by collecting primary data through in-depth interviews. The result is that higher education, especially the Faculty of Law, plays a role in supporting the preparation of National Preparedness through the implementation of legal higher education by integrating criminal law studies with the field of terrorism and the field of technology in implementing the Tridharma. Terrorism studies from a legal (criminal law) and information technology perspective can serve as a reference for the Government of Indonesia in preparing National Preparedness to tackle terrorism crimes.
{"title":"PERAN FAKULTAS HUKUM DALAM PENYIAPAN KESIAPSIAGAAN NASIONAL MENANGGULANGI TERORISME DI ERA REVOLUSI INDUSTRI 4.0","authors":"Peran Fakultas, Hukum Dalam Penyiapan, Terorisme DI Era Revolusi, Industri, M. Y. Anakotta, Wahyu Krisnanto, Marcia Titi Handayani","doi":"10.25123/vej.v9i1.6164","DOIUrl":"https://doi.org/10.25123/vej.v9i1.6164","url":null,"abstract":"The use of information technology for the crime of terrorism is marked by a revolution in the modus operandi of crimes, starting from conventional to modern technological methods. Even though so far Indonesia has handled it fairly well, the crime of terrorism will continue to develop in other ways so that a continuous development of the ways to handle the crime is also needed through the preparation of what is called ‘National Preparedness’. This research begins with the examination of the the crime of terrorism through a legal (criminal) and information technology perspective of the institution of higher education in law (Faculty of Law) in a planned, integrated, systematic and sustainable manner. This study aims to identify and understand the role of higher education institutions, especially Faculty of Law, in preparing Indonesia's National Preparedness to tackle terrorism crimes. Researchers use empirical juridical research by collecting primary data through in-depth interviews. The result is that higher education, especially the Faculty of Law, plays a role in supporting the preparation of National Preparedness through the implementation of legal higher education by integrating criminal law studies with the field of terrorism and the field of technology in implementing the Tridharma. Terrorism studies from a legal (criminal law) and information technology perspective can serve as a reference for the Government of Indonesia in preparing National Preparedness to tackle terrorism crimes.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45160817","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}
Shofi Munawwir Effendi, Biro Hukum, dan Organisasi, Kementerian Koordinator, Bidang Perekonomian, I. Gede, Widhiana Suarda, Fiska Maulidian Nugroho
Corporations’ important and strategic role is indispensable to the development of national economy. Even so, economic development should not be used to serve corporation as justification to sacrifice the environment and wellbeing of the society in order to gain maximum profit. Efforts to develop the mechanism of corporate liability for environmental offenses have been continuously done through the Environment Law issued from 1997 to 2009 and regulations in the Job Creation Law. However, the formulation of responsibility for environmental offenses is still relatively weak, coupled with the absence of a provision for when an environmental offense is committed by a corporation, and the inadequate arrangements for executing punishment for corporations. Through statutory and conceptual approaches, this study seeks to formulate criminal formulations that can be applied to corporations for environmental offenses. In this case, the research is focusing on the additional penalty of corporation dissolution which is seen as the ultimate punishment for corporate law subjects. The existence of dissolution as punishment might serve as an answer to other problems within the realms of environmental law enforcement. This study aims to present provisions of criminal penalties against corporations that pollute and/or damage the environment through editorial norms construction.
{"title":"FORMULASI PIDANA PENUTUPAN KORPORASI ATAS DELIK LINGKUNGAN HIDUP","authors":"Shofi Munawwir Effendi, Biro Hukum, dan Organisasi, Kementerian Koordinator, Bidang Perekonomian, I. Gede, Widhiana Suarda, Fiska Maulidian Nugroho","doi":"10.25123/vej.v9i1.6123","DOIUrl":"https://doi.org/10.25123/vej.v9i1.6123","url":null,"abstract":"Corporations’ important and strategic role is indispensable to the development of national economy. Even so, economic development should not be used to serve corporation as justification to sacrifice the environment and wellbeing of the society in order to gain maximum profit. Efforts to develop the mechanism of corporate liability for environmental offenses have been continuously done through the Environment Law issued from 1997 to 2009 and regulations in the Job Creation Law. However, the formulation of responsibility for environmental offenses is still relatively weak, coupled with the absence of a provision for when an environmental offense is committed by a corporation, and the inadequate arrangements for executing punishment for corporations. Through statutory and conceptual approaches, this study seeks to formulate criminal formulations that can be applied to corporations for environmental offenses. In this case, the research is focusing on the additional penalty of corporation dissolution which is seen as the ultimate punishment for corporate law subjects. The existence of dissolution as punishment might serve as an answer to other problems within the realms of environmental law enforcement. This study aims to present provisions of criminal penalties against corporations that pollute and/or damage the environment through editorial norms construction.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41526790","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}
This paper examines the conceptual dichotomy between ‘negative right’ and ‘positive right’ in the current discourse of human rights. The dichotomy has been embedded due to the historical description of generations of human rights, encompassing the civil and political rights that have liberalism influences, to the economic, social, and cultural rights that have socialist influences, and the last generation of rights being the collective and solidarity rights. This paper analyses the dichotomy from the standpoint of the right to development, with some pivotal approaches, including conceptual, case law, and comparative constitutional law approaches. It concludes that the dichotomy can only be used in a teaching and pedagogical setting of human rights, but the dichotomy cannot sustain the test in theoretical-conceptual and practical analyses.
{"title":"KELINDAN ANTARA ‘HAK NEGATIF’ DENGAN ‘HAK POSITIF’ DALAM DISKURSUS HAK ASASI MANUSIA","authors":"Mirza Satria Buana","doi":"10.25123/vej.v9i1.6042","DOIUrl":"https://doi.org/10.25123/vej.v9i1.6042","url":null,"abstract":"This paper examines the conceptual dichotomy between ‘negative right’ and ‘positive right’ in the current discourse of human rights. The dichotomy has been embedded due to the historical description of generations of human rights, encompassing the civil and political rights that have liberalism influences, to the economic, social, and cultural rights that have socialist influences, and the last generation of rights being the collective and solidarity rights. This paper analyses the dichotomy from the standpoint of the right to development, with some pivotal approaches, including conceptual, case law, and comparative constitutional law approaches. It concludes that the dichotomy can only be used in a teaching and pedagogical setting of human rights, but the dichotomy cannot sustain the test in theoretical-conceptual and practical analyses.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44702531","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}
In developing countries, including Indonesia, majority of workers are informal with low wages. This situation occurs mainly because of the problems with their status as informal workers and how Indonesian labor law regulates on that matter. On this basis, this research was conducted by investigating labor law policies in the field of wages that do not protect informal workers, i.e., wage policy. There are two issues that are the focus of the study in this research. The first is: what is the paradigm of Indonesian wage policy? Second, what paradigm must be incorporated into wage policy in order to provide informal workers with decent wages? The research was conducted using a non-doctrinal research type supported by statutory and conceptual approaches. The conceptual approach is particularly based on Roscoe Pound’s conceptualization of sociological jurisprudence. The research resulted in the finding that Indonesian wage policy is based on the contractualism paradigm, which is rooted in the idea of neoliberalism and causes informal workers to receive low wages. The study also reveals that there is a need to incorporate a human rights paradigm into Indonesian wage policy so that Indonesian wage policy is able to provide a decent life for informal workers.
{"title":"PARADIGMA POLITIK HUKUM PENGUPAHAN INDONESIA: STUDI HAK ATAS UPAH LAYAK BAGI BURUH INFORMAL","authors":"Syahwal Syahwal","doi":"10.25123/vej.v9i1.5957","DOIUrl":"https://doi.org/10.25123/vej.v9i1.5957","url":null,"abstract":"In developing countries, including Indonesia, majority of workers are informal with low wages. This situation occurs mainly because of the problems with their status as informal workers and how Indonesian labor law regulates on that matter. On this basis, this research was conducted by investigating labor law policies in the field of wages that do not protect informal workers, i.e., wage policy. There are two issues that are the focus of the study in this research. The first is: what is the paradigm of Indonesian wage policy? Second, what paradigm must be incorporated into wage policy in order to provide informal workers with decent wages? The research was conducted using a non-doctrinal research type supported by statutory and conceptual approaches. The conceptual approach is particularly based on Roscoe Pound’s conceptualization of sociological jurisprudence. The research resulted in the finding that Indonesian wage policy is based on the contractualism paradigm, which is rooted in the idea of neoliberalism and causes informal workers to receive low wages. The study also reveals that there is a need to incorporate a human rights paradigm into Indonesian wage policy so that Indonesian wage policy is able to provide a decent life for informal workers.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43484937","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}
Andi Daffa Patiroi, Riris Ardhanariswari, M. K. Wardaya
The COVID-19 that spread in early 2020 made countries all over the world declare a state of emergency. In the context of Indonesia, President Joko Widodo declared COVID-19 as a type of disease that causes a public health emergency through Presidential Decree Number 11 of 2020 on March 31, 2020. This study aims to find out the status of public health emergencies from the perspective of Indonesian constitutional law. Furthermore, this research also aims to find out how the state's authority in limiting human rights in public health emergencies is according to human rights law. In its analysis, this research uses a normative juridical method with a statutory approach and a conceptual approach. The results obtained indicate that the status of public health emergency as stated in Presidential Decree Number 11 of 2020 is different from the state of emergency as stated in Article 12 of the 1945 Constitution. As for the limitation of human rights, the state has the authority to limit the human rights of its citizens in the COVID-19 public health emergency.
{"title":"KEDARURATAN KESEHATAN MASYARAKAT DAN PEMBATASAN HAM DALAM PERSPEKTIF HUKUM KETATANEGARAAN INDONESIA","authors":"Andi Daffa Patiroi, Riris Ardhanariswari, M. K. Wardaya","doi":"10.25123/vej.v9i1.5962","DOIUrl":"https://doi.org/10.25123/vej.v9i1.5962","url":null,"abstract":"The COVID-19 that spread in early 2020 made countries all over the world declare a state of emergency. In the context of Indonesia, President Joko Widodo declared COVID-19 as a type of disease that causes a public health emergency through Presidential Decree Number 11 of 2020 on March 31, 2020. This study aims to find out the status of public health emergencies from the perspective of Indonesian constitutional law. Furthermore, this research also aims to find out how the state's authority in limiting human rights in public health emergencies is according to human rights law. In its analysis, this research uses a normative juridical method with a statutory approach and a conceptual approach. The results obtained indicate that the status of public health emergency as stated in Presidential Decree Number 11 of 2020 is different from the state of emergency as stated in Article 12 of the 1945 Constitution. As for the limitation of human rights, the state has the authority to limit the human rights of its citizens in the COVID-19 public health emergency.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42394369","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}
The intrusive character inherent in international trade agreements makes the particular form of the treaty unique compared to other treaties. The trade agreements' intrusiveness means the treaty impacts individual rights relatively more than other treaties on its implementation. Confirming such a particular character, the Indonesian Constitutional Court, via its Decision No. 13/PUU-XVI/2018, provides additional criteria for the treaty ratified through an act, in addition to the general forms of treaties. This study comprehensively discusses the consistency of the instrument form and the clarity of the reference regulations related to the procedure for ratifying the international trade agreement in Indonesia after the ruling of the 2018 Constitutional Court Decision. This study uses a normative juridical approach by making a library of data covering principles, laws, and regulations or legal theories relevant to research as the main material. The study shows that Constitutional Court Decision No. 13/PUU-XVI/2018 has allowed the international trade agreement to be ratified consistently using a legislative act replacing the past practice of using a presidential act. Moreover, the provisions on international trade agreements ratification under Indonesian trade law and Indonesian treaty law must be enforced using "lex specialis derogat lex generalis" principle. Although they share the same norms after the Constitutional Court's Decision 13/2018, specific provisions under the trade law prevail over the general provisions of the Indonesian treaty law.
{"title":"INSTRUMEN RATIFIKASI PERJANJIAN PERDAGANGAN INTERNASIONAL: REZIM PUTUSAN MAHKAMAH KONSTITUSI NOMOR 13/PUU-XVI/2018","authors":"Prita Amalia, Garry Gumelar Pratama, Wahyu Agung Laksono, Anindya Saraswati Ardiwinata","doi":"10.25123/vej.v9i1.5714","DOIUrl":"https://doi.org/10.25123/vej.v9i1.5714","url":null,"abstract":"The intrusive character inherent in international trade agreements makes the particular form of the treaty unique compared to other treaties. The trade agreements' intrusiveness means the treaty impacts individual rights relatively more than other treaties on its implementation. Confirming such a particular character, the Indonesian Constitutional Court, via its Decision No. 13/PUU-XVI/2018, provides additional criteria for the treaty ratified through an act, in addition to the general forms of treaties. This study comprehensively discusses the consistency of the instrument form and the clarity of the reference regulations related to the procedure for ratifying the international trade agreement in Indonesia after the ruling of the 2018 Constitutional Court Decision. This study uses a normative juridical approach by making a library of data covering principles, laws, and regulations or legal theories relevant to research as the main material. The study shows that Constitutional Court Decision No. 13/PUU-XVI/2018 has allowed the international trade agreement to be ratified consistently using a legislative act replacing the past practice of using a presidential act. Moreover, the provisions on international trade agreements ratification under Indonesian trade law and Indonesian treaty law must be enforced using \"lex specialis derogat lex generalis\" principle. Although they share the same norms after the Constitutional Court's Decision 13/2018, specific provisions under the trade law prevail over the general provisions of the Indonesian treaty law.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49331119","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}
Artificial Intelligence ranging from the simple ones to the advanced forms is developed by various countries, including Indonesia. It is then inavoidable that all these types of Artificial Intelligence might produce errors and causing loss to the user. Unfortunately, at present there is no law in Indonesia explicitly regulates the legal protection for users who encounter material and immaterial losses due to output errors made by Artificial Intelligence. This research is done to contribute in the field of private law with a normative and descriptive approaches. It is found that dynamic and open regulation is needed to anticipate and deal with any future risks. As a conclusion, as there is no legislation that specifically regulates the responsibility of material and immaterial losses caused by Artificial Intelligence, hence at present we can only rely on Article 1367 of the Burgerlijk Wetboek known as strict liability. Artificial Intelligence can be considered as an intangible property, therefore the person who oversees the use of Artificial Intelligence has a responsibility for the losses caused in the course of the use of Artificial Intelligence.
{"title":"PERTANGGUNGJAWABAN PERDATA TERHADAP ARTIFICIAL INTELLIGENCE YANG MENIMBULKAN KERUGIAN MENURUT HUKUM DI INDONESIA","authors":"Y. Simbolon","doi":"10.25123/vej.v9i1.6037","DOIUrl":"https://doi.org/10.25123/vej.v9i1.6037","url":null,"abstract":"Artificial Intelligence ranging from the simple ones to the advanced forms is developed by various countries, including Indonesia. It is then inavoidable that all these types of Artificial Intelligence might produce errors and causing loss to the user. Unfortunately, at present there is no law in Indonesia explicitly regulates the legal protection for users who encounter material and immaterial losses due to output errors made by Artificial Intelligence. This research is done to contribute in the field of private law with a normative and descriptive approaches. It is found that dynamic and open regulation is needed to anticipate and deal with any future risks. As a conclusion, as there is no legislation that specifically regulates the responsibility of material and immaterial losses caused by Artificial Intelligence, hence at present we can only rely on Article 1367 of the Burgerlijk Wetboek known as strict liability. Artificial Intelligence can be considered as an intangible property, therefore the person who oversees the use of Artificial Intelligence has a responsibility for the losses caused in the course of the use of Artificial Intelligence.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47869786","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}
In August 2019, the Central Government of Indonesia made an important decision to choose East Kalimantan province to be the location of the new state capital (Nusantara). East Kalimantan was chosen due to its large available state or government-owned land. Some of the large available lands are designated state forest while some others are unregistered land, for which the Government applies formal land tenure system. This article examines the extent to which formal land tenure system has been exercised in land control, land transaction, and land acquisition in the Nusantara through the inquiries on how local individual and group landowners responded to the application of the formal land tenure system. Data collection was conducted through library research and field interview. This research finds that there have been multiple overlapping claims over land rights taking place in the new capital. State, adat law communities, and sultanate are making claims to similar land plots. The overlapping claims arose after the bureaucrats developed a formalistic view or interpretation on state land. This view suggested any unregistered land is state land regardless of actual control and use that are existing. This form of interpretation will most probably influence the way the bureaucrat implements current regulations concerning the new capital where some stipulations respect customary land rights.
{"title":"TUMPANG TINDIH PENGUASAAN TANAH DI WILAYAH IBU KOTA NEGARA “NUSANTARA”","authors":"Rikardo Simarmata","doi":"10.25123/vej.v9i1.6504","DOIUrl":"https://doi.org/10.25123/vej.v9i1.6504","url":null,"abstract":"In August 2019, the Central Government of Indonesia made an important decision to choose East Kalimantan province to be the location of the new state capital (Nusantara). East Kalimantan was chosen due to its large available state or government-owned land. Some of the large available lands are designated state forest while some others are unregistered land, for which the Government applies formal land tenure system. This article examines the extent to which formal land tenure system has been exercised in land control, land transaction, and land acquisition in the Nusantara through the inquiries on how local individual and group landowners responded to the application of the formal land tenure system. Data collection was conducted through library research and field interview. This research finds that there have been multiple overlapping claims over land rights taking place in the new capital. State, adat law communities, and sultanate are making claims to similar land plots. The overlapping claims arose after the bureaucrats developed a formalistic view or interpretation on state land. This view suggested any unregistered land is state land regardless of actual control and use that are existing. This form of interpretation will most probably influence the way the bureaucrat implements current regulations concerning the new capital where some stipulations respect customary land rights.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46364817","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}
Access to clean and affordable energy has become a persistent problem faced by countries worldwide. The peak increase in oil prices experienced in a few decades has made it difficult for the low incomes to access clean energy. At present, many people in rural areas still use wood as fuel for cooking. Indoor wood-burning activities might cause air pollution and triggers respiratory problems. Employing a conceptual approach, this article examines the debate on the concept of moral and legal right of the right to clean and affordable energy under international law. Moreover, it analyses the correlation and the importance of such right for the fulfilment of the right to adequate housing and how states adhere to it. The research finds that there is yet any legal instruments directly recognising the right to clean and affordable energy. Nevertheless, there is plenty recognition of the importance of energy as vital element for fulfilling other human rights, such as the right to adequate housing. It is found that states have recognised the utmost influence of energy on achieving economic and social goals. However, current state practices heavily depend on soft law and show their commitment to facilitate and fulfil the moral right to clean and affordable energy. Integrating human rights principles, norms, and standards into legal rights and policies on energy development plan are indeed crucial. Such integration will enable the recognition of energy as an entitlement, which will place energy as a precondition that must be provided as essential services to enable adequate life of inhabitants.
{"title":"HAK AKSES ATAS ENERGI BERSIH DAN TERJANGKAU SEBAGAI BENTUK PEMENUHAN HAK ATAS TEMPAT TINGGAL YANG LAYAK","authors":"E. Kusumawati, Sasmini Sasmini","doi":"10.25123/vej.v9i1.6111","DOIUrl":"https://doi.org/10.25123/vej.v9i1.6111","url":null,"abstract":"Access to clean and affordable energy has become a persistent problem faced by countries worldwide. The peak increase in oil prices experienced in a few decades has made it difficult for the low incomes to access clean energy. At present, many people in rural areas still use wood as fuel for cooking. Indoor wood-burning activities might cause air pollution and triggers respiratory problems. Employing a conceptual approach, this article examines the debate on the concept of moral and legal right of the right to clean and affordable energy under international law. Moreover, it analyses the correlation and the importance of such right for the fulfilment of the right to adequate housing and how states adhere to it. The research finds that there is yet any legal instruments directly recognising the right to clean and affordable energy. Nevertheless, there is plenty recognition of the importance of energy as vital element for fulfilling other human rights, such as the right to adequate housing. It is found that states have recognised the utmost influence of energy on achieving economic and social goals. However, current state practices heavily depend on soft law and show their commitment to facilitate and fulfil the moral right to clean and affordable energy. Integrating human rights principles, norms, and standards into legal rights and policies on energy development plan are indeed crucial. Such integration will enable the recognition of energy as an entitlement, which will place energy as a precondition that must be provided as essential services to enable adequate life of inhabitants.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48273933","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}
Deconstruction is intended to serve as critique to the method of determining the prohibition status of bank interest, which is analogous to usury, as well as reconstructing the issue with other methods to produce a more implementable fatwa, especially in a pluralistic society. Normative legal research is carried out using a historical approach and a conceptual approach regarding usury and interest, as well as the methods and the rationale for the prohibition of both. Application of analogy (qiyas) can bring "unsatisfactory" results as a method of granting the legal status of bank interest in the context of a pluralistic society because this reasoning method is heavily focusing on 'illat (ratio legis, legal cause) and does not consider space, time, and circumstances involved. Meanwhile, the application of istihsan (juristic preference) is possible with justification for emergency (necessity), 'urf (custom) and maslahah (benefit), resulting in different legal status of bank interest that not all bank interest is haram. This provides convenience in its implementation within a pluralistic society.
{"title":"DEKONSTRUKSI FATWA MENGENAI LARANGAN BUNGA BANK (QIYAS VS ISTIHSAN)","authors":"Khotibul Umam","doi":"10.25123/vej.v9i1.6201","DOIUrl":"https://doi.org/10.25123/vej.v9i1.6201","url":null,"abstract":"Deconstruction is intended to serve as critique to the method of determining the prohibition status of bank interest, which is analogous to usury, as well as reconstructing the issue with other methods to produce a more implementable fatwa, especially in a pluralistic society. Normative legal research is carried out using a historical approach and a conceptual approach regarding usury and interest, as well as the methods and the rationale for the prohibition of both. Application of analogy (qiyas) can bring \"unsatisfactory\" results as a method of granting the legal status of bank interest in the context of a pluralistic society because this reasoning method is heavily focusing on 'illat (ratio legis, legal cause) and does not consider space, time, and circumstances involved. Meanwhile, the application of istihsan (juristic preference) is possible with justification for emergency (necessity), 'urf (custom) and maslahah (benefit), resulting in different legal status of bank interest that not all bank interest is haram. This provides convenience in its implementation within a pluralistic society.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42973560","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：