Pub Date : 2023-05-31DOI: 10.15294/jils.v8i1.60523
Annalisa Yahanan, Nurhidayatuloh Nurhidayatuloh, Mada Apriandi, Tongle Si, Murzal Murzal
During the pandemic, the Indonesian government implemented policies to protect citizens from the virus. One such policy mandated the use of the PeduliLindungi application for passengers traveling domestically or internationally by land, sea, or air. The application helps monitor and track the virus's spread, and provides vaccination information. This study examines the government's policies on PeduliLindungi's use and how the existing legal culture relates to vaccination and quarantine within the app. The research methodology employed a doctrinal approach, analyzing laws, concepts, interpretations, and cases. The study found that the PeduliLindungi application is mandatory for all travelers. It allows passengers to access their vaccination status and determines the required quarantine duration. Violating quarantine orders can result in imprisonment and fines, as per Judge Decision No. 21/Pid.S/2021/PN.Tng. However, limited smartphone ownership restricts public access to the app. Therefore, the government must formulate policies that accommodate individuals without smartphones, ensuring their safety while traveling. Public legal awareness and understanding of the PeduliLindungi app's importance are crucial for protecting public health. Strengthening the legal culture is necessary to promote compliance with health guidelines and informed decision-making. By fostering a robust legal culture, individuals will prioritize health measures, safeguarding their well-being and that of the community.
{"title":"Indonesian Travel Policy during the Outbreaks: Vaccination and Quarantine Legal Culture and Policy on Indonesian Air Transportation","authors":"Annalisa Yahanan, Nurhidayatuloh Nurhidayatuloh, Mada Apriandi, Tongle Si, Murzal Murzal","doi":"10.15294/jils.v8i1.60523","DOIUrl":"https://doi.org/10.15294/jils.v8i1.60523","url":null,"abstract":"During the pandemic, the Indonesian government implemented policies to protect citizens from the virus. One such policy mandated the use of the PeduliLindungi application for passengers traveling domestically or internationally by land, sea, or air. The application helps monitor and track the virus's spread, and provides vaccination information. This study examines the government's policies on PeduliLindungi's use and how the existing legal culture relates to vaccination and quarantine within the app. The research methodology employed a doctrinal approach, analyzing laws, concepts, interpretations, and cases. The study found that the PeduliLindungi application is mandatory for all travelers. It allows passengers to access their vaccination status and determines the required quarantine duration. Violating quarantine orders can result in imprisonment and fines, as per Judge Decision No. 21/Pid.S/2021/PN.Tng. However, limited smartphone ownership restricts public access to the app. Therefore, the government must formulate policies that accommodate individuals without smartphones, ensuring their safety while traveling. Public legal awareness and understanding of the PeduliLindungi app's importance are crucial for protecting public health. Strengthening the legal culture is necessary to promote compliance with health guidelines and informed decision-making. By fostering a robust legal culture, individuals will prioritize health measures, safeguarding their well-being and that of the community.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80117849","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 : 2023-05-31DOI: 10.15294/jils.v8i1.68937
Muskibah Muskibah, Y. Yetniwati, Sasmiar Sasmiar, A. Holish
Force majeure is a contractual clause commonly found in government construction work contracts, defining the circumstances that qualify as absolute or relative force majeure. This research aims to address two key questions: First, can the force majeure clause be invoked to justify the cancellation and termination of construction work contracts amidst the Covid-19 pandemic? Second, what is the method of accountability for risks associated with construction work contracts in light of the pandemic? Employing normative juridical research methods, this study concludes that the Covid-19 pandemic alone cannot serve as an automatic basis for contract cancellation or nullification under the force majeure clause. The service user, typically the government, may demand the successful completion of the project from the providers. However, the pandemic qualifies as a relative force majeure, shifting the liability for risk during contract implementation to the provider, subject to court decisions. Thus, legal events qualifying as force majeure during the Covid-19 outbreak will be determined by court decisions.
{"title":"Force Majeure During COVID-19 Outbreaks: Case of the Cancellation and Termination of Government Construction Contracts","authors":"Muskibah Muskibah, Y. Yetniwati, Sasmiar Sasmiar, A. Holish","doi":"10.15294/jils.v8i1.68937","DOIUrl":"https://doi.org/10.15294/jils.v8i1.68937","url":null,"abstract":"Force majeure is a contractual clause commonly found in government construction work contracts, defining the circumstances that qualify as absolute or relative force majeure. This research aims to address two key questions: First, can the force majeure clause be invoked to justify the cancellation and termination of construction work contracts amidst the Covid-19 pandemic? Second, what is the method of accountability for risks associated with construction work contracts in light of the pandemic? Employing normative juridical research methods, this study concludes that the Covid-19 pandemic alone cannot serve as an automatic basis for contract cancellation or nullification under the force majeure clause. The service user, typically the government, may demand the successful completion of the project from the providers. However, the pandemic qualifies as a relative force majeure, shifting the liability for risk during contract implementation to the provider, subject to court decisions. Thus, legal events qualifying as force majeure during the Covid-19 outbreak will be determined by court decisions.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89684825","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 : 2023-05-31DOI: 10.15294/jils.v8i1.63191
Rindia Fanny Kusmaningtyas, Arif Hidayat, Gabrielle Poetri Soebiakto, Ahmad Fauzan Permana, Ibadurrahman Hanan Abdullah
Traditional Cultural Expressions include forms of Communal Intellectual Property, which can become an identity for an indigenous people. Traditional Cultural Expressions have a potential for Intellectual Property protection which is beneficial for the economy of indigenous peoples. This study aims to find out and analyze the existence of Traditional Cultural Expressions as the embodiment of indigenous peoples and regional identity in the Semarang Residency and the influence of its development on the regional economy in the Semarang Residency. The results of this study indicate that a Traditional Cultural Expression in the Residency of Semarang has shown its existence in terms of its art and traditional culture which has become an identity that differentiates it from arts/culture in other areas, so that it has the potential to improve the economy in the Residency of Semarang. In view of the Regulations to protect Traditional Cultural Expressions it is appropriate to be able to register Traditional Cultural Expressions as Intellectual Property. However, there are still obstacles in implementing the law, such as the lack of activeness of the Government in providing socialization and coordination of data collection and identification to protect Traditional Cultural Expressions with Communal Intellectual Property and the lack of role and knowledge of the community in identifying traditional arts and culture in obtaining protection by way of register Intellectual Property, especially Copyrights that have existed for generations.
{"title":"Traditional Cultural Expression as an Embodiment of Indigenous Communities and Regional Identity (Semarang Indonesia Case)","authors":"Rindia Fanny Kusmaningtyas, Arif Hidayat, Gabrielle Poetri Soebiakto, Ahmad Fauzan Permana, Ibadurrahman Hanan Abdullah","doi":"10.15294/jils.v8i1.63191","DOIUrl":"https://doi.org/10.15294/jils.v8i1.63191","url":null,"abstract":"Traditional Cultural Expressions include forms of Communal Intellectual Property, which can become an identity for an indigenous people. Traditional Cultural Expressions have a potential for Intellectual Property protection which is beneficial for the economy of indigenous peoples. This study aims to find out and analyze the existence of Traditional Cultural Expressions as the embodiment of indigenous peoples and regional identity in the Semarang Residency and the influence of its development on the regional economy in the Semarang Residency. The results of this study indicate that a Traditional Cultural Expression in the Residency of Semarang has shown its existence in terms of its art and traditional culture which has become an identity that differentiates it from arts/culture in other areas, so that it has the potential to improve the economy in the Residency of Semarang. In view of the Regulations to protect Traditional Cultural Expressions it is appropriate to be able to register Traditional Cultural Expressions as Intellectual Property. However, there are still obstacles in implementing the law, such as the lack of activeness of the Government in providing socialization and coordination of data collection and identification to protect Traditional Cultural Expressions with Communal Intellectual Property and the lack of role and knowledge of the community in identifying traditional arts and culture in obtaining protection by way of register Intellectual Property, especially Copyrights that have existed for generations.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135395017","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 : 2023-05-31DOI: 10.15294/jils.v7i2.60096
Rodiyah Rodiyah, S. H. Idris, Robert B. Smith
This paper compares the cases of Indonesia, Malaysia, and Australia to examine how these countries incorporate principles of justice in the establishment of laws and regulations. It explores the significance of mainstreaming justice in lawmaking, emphasizing equitable representation, fair access to justice, and human rights considerations. The analysis highlights the legal frameworks and institutional structures in each country. In Indonesia, the role of the Constitutional Court and stakeholder involvement in the legislative process are examined. Malaysia's constitutional framework and efforts to address ethnic and religious diversity, as well as the role of judicial review, are discussed. Australia's common law system emphasizes parliamentary scrutiny, public consultations, and protection of individual rights through the High Court and parliamentary committees. This study provides insights into the diverse approaches and challenges faced by these countries in mainstreaming justice in their lawmaking processes. It contributes to understanding how justice can be effectively integrated into laws and regulations, offering valuable insights for policymakers and legal practitioners seeking to promote justice in legislative contexts.
{"title":"Mainstreaming Justice in the Establishment of Laws and Regulations Process: Comparing Case in Indonesia, Malaysia, and Australia","authors":"Rodiyah Rodiyah, S. H. Idris, Robert B. Smith","doi":"10.15294/jils.v7i2.60096","DOIUrl":"https://doi.org/10.15294/jils.v7i2.60096","url":null,"abstract":"This paper compares the cases of Indonesia, Malaysia, and Australia to examine how these countries incorporate principles of justice in the establishment of laws and regulations. It explores the significance of mainstreaming justice in lawmaking, emphasizing equitable representation, fair access to justice, and human rights considerations. The analysis highlights the legal frameworks and institutional structures in each country. In Indonesia, the role of the Constitutional Court and stakeholder involvement in the legislative process are examined. Malaysia's constitutional framework and efforts to address ethnic and religious diversity, as well as the role of judicial review, are discussed. Australia's common law system emphasizes parliamentary scrutiny, public consultations, and protection of individual rights through the High Court and parliamentary committees. This study provides insights into the diverse approaches and challenges faced by these countries in mainstreaming justice in their lawmaking processes. It contributes to understanding how justice can be effectively integrated into laws and regulations, offering valuable insights for policymakers and legal practitioners seeking to promote justice in legislative contexts.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82868142","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 study aims to identify and analyze the legal protection of Kei batik motifs through copyright registration and the role of local governments in providing legal protection for these Kei batik motifs. This research is a sociolegal research, which is a combination research method between doctrinal legal research methods and empirical legal research methods. Based on the results of the research, Camelia Batik Kei's business raised batik motifs based on the philosophical customs and culture of the people of the Kei Islands. In the aspect of intellectual property rights, Batik Kei has not been touched at all either through the awareness of the business actors themselves or the local government. Even though the Kei Batik motif with the traditional and cultural characteristics of the Kei people is very promising from the aspect of business development, that's why legal protection through registration of intellectual property rights in the field of copyright is very important. The Government of Indonesia, should also play an important role in terms of contributing through mentoring and empowering businesses of this kind which of course do not only provide economic and moral benefits to creators but also to the region and the people of Kei. When compared to neighboring countries such as Malaysia and Thailand which also have works of art in the form of batik, Indonesia has a variety of batik motifs with different styles between regions. Therefore, good legal protection is needed so that it is not claimed by other parties or even other countries.
本研究旨在透过版权登记，以及地方政府在为祺蜡染图案提供法律保护方面所扮演的角色，来厘清和分析祺蜡染图案的法律保护。本研究属于社会法学研究，是理论法学研究方法与实证法学研究方法相结合的研究方法。根据研究结果，Camelia Batik Kei的业务提出了基于Kei群岛人民的哲学习俗和文化的蜡染图案。在知识产权方面，无论是企业本身的意识，还是当地政府的意识，都没有触及蜡染系。尽管具有Kei族传统文化特征的Kei蜡染图案在商业发展方面非常有前景，但这就是为什么在版权领域通过知识产权注册进行法律保护非常重要。印度尼西亚政府也应该发挥重要作用，通过指导和授权这类企业，当然这不仅为创造者提供经济和道德利益，也为Kei的地区和人民提供利益。与马来西亚、泰国等邻国的蜡染艺术品相比，印尼的蜡染图案种类繁多，各地区风格各异。因此，需要良好的法律保护，使其不被其他当事人甚至其他国家主张。
{"title":"Registration of Copyright as Guarantee of Batik Motif Legal Protection (Comparation Study of Indonesia, Malaysia and Thailand)","authors":"Agustina Balik, Yosia Hetharie, Novyta Uktolseja, Putri Anggia, Revivo Tulaseket","doi":"10.15294/jils.v8i1.61019","DOIUrl":"https://doi.org/10.15294/jils.v8i1.61019","url":null,"abstract":"This study aims to identify and analyze the legal protection of Kei batik motifs through copyright registration and the role of local governments in providing legal protection for these Kei batik motifs. This research is a sociolegal research, which is a combination research method between doctrinal legal research methods and empirical legal research methods. Based on the results of the research, Camelia Batik Kei's business raised batik motifs based on the philosophical customs and culture of the people of the Kei Islands. In the aspect of intellectual property rights, Batik Kei has not been touched at all either through the awareness of the business actors themselves or the local government. Even though the Kei Batik motif with the traditional and cultural characteristics of the Kei people is very promising from the aspect of business development, that's why legal protection through registration of intellectual property rights in the field of copyright is very important. The Government of Indonesia, should also play an important role in terms of contributing through mentoring and empowering businesses of this kind which of course do not only provide economic and moral benefits to creators but also to the region and the people of Kei. When compared to neighboring countries such as Malaysia and Thailand which also have works of art in the form of batik, Indonesia has a variety of batik motifs with different styles between regions. Therefore, good legal protection is needed so that it is not claimed by other parties or even other countries.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83427083","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 : 2023-05-31DOI: 10.15294/jils.v8i1.69445
Ali Masyhar, Ali Murtadho, A. Sabri
The phenomenon of recidivism among former terrorism convicts presents a complex challenge within the socio-legal context. This study aims to explore the driving factors behind the recurrence of terrorism-related offenses among previously incarcerated individuals. By employing a socio-legal perspective, the research examines the interplay of social and legal factors that contribute to the re-engagement of former terrorism convicts in illegal activities. Drawing on existing literature and empirical data, this paper identifies various key factors, including societal stigma, socio-economic struggles, and deficiencies in the legal system. The study underscores the importance of comprehensive policies that address both social and legal dimensions to effectively prevent and address recidivism in the terrorism context. By understanding and addressing these driving factors, policymakers and practitioners can develop more targeted and nuanced interventions to facilitate successful rehabilitation and reintegration while safeguarding national security and promoting social cohesion.
{"title":"The Driving Factors for Recidivism of Former Terrorism Convicts in Socio-Legal Perspective","authors":"Ali Masyhar, Ali Murtadho, A. Sabri","doi":"10.15294/jils.v8i1.69445","DOIUrl":"https://doi.org/10.15294/jils.v8i1.69445","url":null,"abstract":"The phenomenon of recidivism among former terrorism convicts presents a complex challenge within the socio-legal context. This study aims to explore the driving factors behind the recurrence of terrorism-related offenses among previously incarcerated individuals. By employing a socio-legal perspective, the research examines the interplay of social and legal factors that contribute to the re-engagement of former terrorism convicts in illegal activities. Drawing on existing literature and empirical data, this paper identifies various key factors, including societal stigma, socio-economic struggles, and deficiencies in the legal system. The study underscores the importance of comprehensive policies that address both social and legal dimensions to effectively prevent and address recidivism in the terrorism context. By understanding and addressing these driving factors, policymakers and practitioners can develop more targeted and nuanced interventions to facilitate successful rehabilitation and reintegration while safeguarding national security and promoting social cohesion.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79841585","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 : 2023-05-31DOI: 10.15294/jils.v8i1.66087
Akhmad Khalimy, Yusriyadi Yusriyadi, Ro’fah Setyowati, S. Syahruddin, Abdul Muizz Abdul Wadud
The self-declaration by Small Micro Enterprises (MSEs) for obtaining a halal logo has both advantages and disadvantages. Proponents argue that self-declaration makes it easier for MSEs to acquire a halal certificate, reduces the submission period, and streamlines the certification process. However, opponents argue that self-declaration violates certain laws, such as the UUJPH and the Consumer Protection Act. The Omnibus Law (UUCK) conceptually includes halal in the licensing cluster to facilitate business, but the Constitutional Court has deemed UUCK formally flawed and conditionally unconstitutional. Self-declaration simplifies the licensing process for obtaining a halal certificate specifically for SMEs. It waives certification fees, reduces processing time, and simplifies aspects of business licensing. MSEs can obtain a free certificate through self-declaration if their products meet certain conditions, including not being at risk, being made from natural ingredients, being halal, having a simple production process, having assistance with Halal Production Process (PPH), and being supported by an MUI fatwa. Progressive law recognizes that the law is not absolute or final, but an evolving process aimed at achieving justice and improving human lives. This article explores the intersection between self-declaration and Satjipto Raharjo's progressive legal theory. It highlights the shared objectives of realizing justice, assisting MSEs in obtaining halal certification, humanizing the law, facilitating licenses for MSEs, and adapting regulations to societal changes. The approach encourages breaking and making rules to create progressive laws and involves business actors and companions in the halal certification process, making the law responsive and participatory.
{"title":"The Intersection of the Progressive Law Theory and the Self-Declaration Concept of MSEs Halal Certification","authors":"Akhmad Khalimy, Yusriyadi Yusriyadi, Ro’fah Setyowati, S. Syahruddin, Abdul Muizz Abdul Wadud","doi":"10.15294/jils.v8i1.66087","DOIUrl":"https://doi.org/10.15294/jils.v8i1.66087","url":null,"abstract":"The self-declaration by Small Micro Enterprises (MSEs) for obtaining a halal logo has both advantages and disadvantages. Proponents argue that self-declaration makes it easier for MSEs to acquire a halal certificate, reduces the submission period, and streamlines the certification process. However, opponents argue that self-declaration violates certain laws, such as the UUJPH and the Consumer Protection Act. The Omnibus Law (UUCK) conceptually includes halal in the licensing cluster to facilitate business, but the Constitutional Court has deemed UUCK formally flawed and conditionally unconstitutional. Self-declaration simplifies the licensing process for obtaining a halal certificate specifically for SMEs. It waives certification fees, reduces processing time, and simplifies aspects of business licensing. MSEs can obtain a free certificate through self-declaration if their products meet certain conditions, including not being at risk, being made from natural ingredients, being halal, having a simple production process, having assistance with Halal Production Process (PPH), and being supported by an MUI fatwa. Progressive law recognizes that the law is not absolute or final, but an evolving process aimed at achieving justice and improving human lives. This article explores the intersection between self-declaration and Satjipto Raharjo's progressive legal theory. It highlights the shared objectives of realizing justice, assisting MSEs in obtaining halal certification, humanizing the law, facilitating licenses for MSEs, and adapting regulations to societal changes. The approach encourages breaking and making rules to create progressive laws and involves business actors and companions in the halal certification process, making the law responsive and participatory.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80652394","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 : 2023-05-31DOI: 10.15294/jils.v8i1.67632
Rian Saputra, Josef Purwadi Setiodjati, J. Barkhuizen
This paper aims to propose the implementation of electronic justice within the Indonesian criminal justice system, focusing on the reform of criminal law enforcement. The research methodology employed is normative legal research. The findings of the study reveal two key points. Firstly, it is crucial to regulate digital-based criminal justice at the legislative level, particularly through the reform of the Code of Criminal Procedure (KUHAP). The current implementation of electronic criminal trials presents challenges, and the legal foundation for conducting such trials is established by external entities rather than the legislative institution. Therefore, incorporating regulations on electronic criminal trials in future KUHAP reforms is vital to facilitate criminal law reform. As it stands, electronic criminal trials lack specific legal regulations. Secondly, the existing KUHAP does not sufficiently address the issue of technological advancements, as it cannot anticipate rapid changes in technology. Consequently, a legal framework should be established to address this issue. This framework should ensure the availability of modern technological devices and necessary resources to facilitate digital-based criminal justice. Additionally, it should introduce laws governing electronic courts and initiate legal reforms through the revision of Law Number 8 of 1981 concerning Criminal Procedure Law (KUHAP). To provide an example, the United States has regulated electronic criminal proceedings through the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), which implements fiscal stimulus policies and allows for video conferencing in certain cases. Such regulations can serve as a reference point for the implementation of electronic criminal proceedings in Indonesia.
{"title":"Under-Legislation in Electronic Trials and Renewing Criminal Law Enforcement in Indonesia (Comparison with United States)","authors":"Rian Saputra, Josef Purwadi Setiodjati, J. Barkhuizen","doi":"10.15294/jils.v8i1.67632","DOIUrl":"https://doi.org/10.15294/jils.v8i1.67632","url":null,"abstract":"This paper aims to propose the implementation of electronic justice within the Indonesian criminal justice system, focusing on the reform of criminal law enforcement. The research methodology employed is normative legal research. The findings of the study reveal two key points. Firstly, it is crucial to regulate digital-based criminal justice at the legislative level, particularly through the reform of the Code of Criminal Procedure (KUHAP). The current implementation of electronic criminal trials presents challenges, and the legal foundation for conducting such trials is established by external entities rather than the legislative institution. Therefore, incorporating regulations on electronic criminal trials in future KUHAP reforms is vital to facilitate criminal law reform. As it stands, electronic criminal trials lack specific legal regulations. Secondly, the existing KUHAP does not sufficiently address the issue of technological advancements, as it cannot anticipate rapid changes in technology. Consequently, a legal framework should be established to address this issue. This framework should ensure the availability of modern technological devices and necessary resources to facilitate digital-based criminal justice. Additionally, it should introduce laws governing electronic courts and initiate legal reforms through the revision of Law Number 8 of 1981 concerning Criminal Procedure Law (KUHAP). To provide an example, the United States has regulated electronic criminal proceedings through the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), which implements fiscal stimulus policies and allows for video conferencing in certain cases. Such regulations can serve as a reference point for the implementation of electronic criminal proceedings in Indonesia.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72861109","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 : 2023-05-31DOI: 10.15294/jils.v8i2.69214
Waspiah Waspiah, Budi Santoso, Paramita Prananingtyas, Muhammad Iqbal Baiquni, D. E. Saputra
The main focus of this research is to examine the legal protection of simple patent innovations within the Indonesian patent system, considering their substance, structure, and legal culture. The objective is to advocate for the reformulation of regulations concerning the social and economic utilization of intellectual property, specifically simple patents, in order to address their impact on public interest from a welfare state perspective. The current regulations governing simple patents demonstrate monopolistic and individualistic tendencies. This study utilizes a normative juridical research method and employs a statute-based approach to critically analyze the provisions of Law No. 13 of 2016, commonly known as the Patent Law. The research findings indicate that the current regulation fails to adequately support inventors of simple patents. The existing first-to-file registration system, resembling that of regular patents, has resulted in low rates of acquisition and registration for simple patents. Consequently, it can be concluded that the regulation of simple patents under the Patent Law does not favor inventors of such patents. In order to rectify this issue, it is crucial to reformulate the legal protection of simple patent innovations based on the principles of the welfare state. The ideal formulation of the Patent Law should take into account the norms and values prevalent within the inventor community, thereby necessitating a reformulation of the legal protection system rooted in the substance, structure, and legal culture in Indonesia.
{"title":"Indonesian Patent Law Reform for Simple Patent Innovations on Achieving Welfare State Objectives","authors":"Waspiah Waspiah, Budi Santoso, Paramita Prananingtyas, Muhammad Iqbal Baiquni, D. E. Saputra","doi":"10.15294/jils.v8i2.69214","DOIUrl":"https://doi.org/10.15294/jils.v8i2.69214","url":null,"abstract":"The main focus of this research is to examine the legal protection of simple patent innovations within the Indonesian patent system, considering their substance, structure, and legal culture. The objective is to advocate for the reformulation of regulations concerning the social and economic utilization of intellectual property, specifically simple patents, in order to address their impact on public interest from a welfare state perspective. The current regulations governing simple patents demonstrate monopolistic and individualistic tendencies. This study utilizes a normative juridical research method and employs a statute-based approach to critically analyze the provisions of Law No. 13 of 2016, commonly known as the Patent Law. The research findings indicate that the current regulation fails to adequately support inventors of simple patents. The existing first-to-file registration system, resembling that of regular patents, has resulted in low rates of acquisition and registration for simple patents. Consequently, it can be concluded that the regulation of simple patents under the Patent Law does not favor inventors of such patents. In order to rectify this issue, it is crucial to reformulate the legal protection of simple patent innovations based on the principles of the welfare state. The ideal formulation of the Patent Law should take into account the norms and values prevalent within the inventor community, thereby necessitating a reformulation of the legal protection system rooted in the substance, structure, and legal culture in Indonesia.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90359210","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 : 2023-05-31DOI: 10.15294/jils.v8i1.67866
A. Angkasa, R. Hendriana, Filep Wamafma, Ogiandhafiz Juanda, B. P. Nunna
This study aims to develop a model for the effective implementation of restitution criminal sanctions against individuals involved in trafficking in persons. The findings of this research hold strategic significance in terms of providing legal protection to victims and enhancing the concept of restitution. The study focuses on evaluating the effectiveness of imposing restitution sanctions on traffickers through judicial decisions in Indonesia. By employing a sociological juridical approach, this research examines legal norms and court rulings pertaining to prosecutors' charges against individuals involved in trafficking crimes. The analysis of these judicial decisions reveals that out of the cases reviewed, only seven included restitution sanctions, and none of the perpetrators fulfilled their restitution obligations. Instead, the offenders prioritized serving prison sentences over compensating the victims. Consequently, it is essential for prosecutors to prioritize the prosecution of perpetrators under the Law on the Eradication of Criminal Acts of Individuals. Furthermore, judges should consider utilizing the Law on the Eradication of Non-Criminal Persons and emphasizing imprisonment as an alternative to restitution.
{"title":"Development of a Restitution Model in Optimizing Legal Protection for Victims of Human Trafficking in Indonesia","authors":"A. Angkasa, R. Hendriana, Filep Wamafma, Ogiandhafiz Juanda, B. P. Nunna","doi":"10.15294/jils.v8i1.67866","DOIUrl":"https://doi.org/10.15294/jils.v8i1.67866","url":null,"abstract":"This study aims to develop a model for the effective implementation of restitution criminal sanctions against individuals involved in trafficking in persons. The findings of this research hold strategic significance in terms of providing legal protection to victims and enhancing the concept of restitution. The study focuses on evaluating the effectiveness of imposing restitution sanctions on traffickers through judicial decisions in Indonesia. By employing a sociological juridical approach, this research examines legal norms and court rulings pertaining to prosecutors' charges against individuals involved in trafficking crimes. The analysis of these judicial decisions reveals that out of the cases reviewed, only seven included restitution sanctions, and none of the perpetrators fulfilled their restitution obligations. Instead, the offenders prioritized serving prison sentences over compensating the victims. Consequently, it is essential for prosecutors to prioritize the prosecution of perpetrators under the Law on the Eradication of Criminal Acts of Individuals. Furthermore, judges should consider utilizing the Law on the Eradication of Non-Criminal Persons and emphasizing imprisonment as an alternative to restitution.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78154832","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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