Pub Date : 2022-09-09DOI: 10.20961/yustisia.v11i2.59773
Mohammed Abdul Mohsen Mohammed bin Treef, Ibtsam Alsaleh, Kamal Mohamoud Alasaf, Hiba Abdulmyuttaleb Alfadhlei
Conflict of interests, as an act of corruption, is considered a loose concept. Legal jurisprudence differed in defining its concept, but the salient feature in it is that it constitutes an act of a public job that calls for both disciplinary and criminal responsibility, as it constitutes a two-faced act, a criminal and a disciplinary aspect. This study came to examine a important issue within the framework of the public job. From here it was necessary to stand on the definition of conflict of interest and the types of this conflict within the framework of the public job, and the elements of the crime of conflict of interest according to the criminal framework in the punitive legislation in the countries under study. The main findings show that the most prominent of which is that the most common and dangerous form of conflict is the conflict between the public interest and the private interest. This is when the employee has a direct or indirect interest that affects the administrative decision-making process or any other administrative act. The two researchers recommended that more details be given to the images of Conflict of interests in order to avoid any legal lapse or loophole, which would result in the establishment of the largest possible criminal and disciplinary confrontation for this act.
{"title":"How will the Legal Battle End in the Public Job : Sight of Jordan Issue","authors":"Mohammed Abdul Mohsen Mohammed bin Treef, Ibtsam Alsaleh, Kamal Mohamoud Alasaf, Hiba Abdulmyuttaleb Alfadhlei","doi":"10.20961/yustisia.v11i2.59773","DOIUrl":"https://doi.org/10.20961/yustisia.v11i2.59773","url":null,"abstract":"Conflict of interests, as an act of corruption, is considered a loose concept. Legal jurisprudence differed in defining its concept, but the salient feature in it is that it constitutes an act of a public job that calls for both disciplinary and criminal responsibility, as it constitutes a two-faced act, a criminal and a disciplinary aspect. This study came to examine a important issue within the framework of the public job. From here it was necessary to stand on the definition of conflict of interest and the types of this conflict within the framework of the public job, and the elements of the crime of conflict of interest according to the criminal framework in the punitive legislation in the countries under study. The main findings show that the most prominent of which is that the most common and dangerous form of conflict is the conflict between the public interest and the private interest. This is when the employee has a direct or indirect interest that affects the administrative decision-making process or any other administrative act. The two researchers recommended that more details be given to the images of Conflict of interests in order to avoid any legal lapse or loophole, which would result in the establishment of the largest possible criminal and disciplinary confrontation for this act.","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47695825","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 : 2022-09-09DOI: 10.20961/yustisia.v11i2.48548
Grace Sharon, Bintang Aulia Hutama, Aghnia Risqa Hudiyarahma, Levina Yustitianingtyas
The theory of public interest has become a long debate, and the philosophical meaning is commonly discussed in various research. Generally, it is equated with the needs or interests of the wider community. Public interest has become an interchangeable term in various concepts, from individual needs as intended in natural law to the development of the latest theory of Utilitarianism. The state as the holder of sovereignty and authority has the obligation to carry out the public interest. However, the meaning of this concept is limited in Indonesia, as stated in several laws, one example is the public interest that is always associated with land regulation. It is undeniable through a conventional concept that the subject of land is understood as an asset that has economic value. However, with the development of the economic concept of existing assets, it is found that the concept of public interest is lagging. Therefore, this research has two main objectives: (1) to provide an overview for the elaboration of the concept of interests that are limited by existing laws and regulations in Indonesia, and (2) to take the essence of the economy for the benefit of the public.
{"title":"Depiction of Public Interest Theory Based on the Welfare Economic Concept on Indonesia Regulation","authors":"Grace Sharon, Bintang Aulia Hutama, Aghnia Risqa Hudiyarahma, Levina Yustitianingtyas","doi":"10.20961/yustisia.v11i2.48548","DOIUrl":"https://doi.org/10.20961/yustisia.v11i2.48548","url":null,"abstract":"The theory of public interest has become a long debate, and the philosophical meaning is commonly discussed in various research. Generally, it is equated with the needs or interests of the wider community. Public interest has become an interchangeable term in various concepts, from individual needs as intended in natural law to the development of the latest theory of Utilitarianism. The state as the holder of sovereignty and authority has the obligation to carry out the public interest. However, the meaning of this concept is limited in Indonesia, as stated in several laws, one example is the public interest that is always associated with land regulation. It is undeniable through a conventional concept that the subject of land is understood as an asset that has economic value. However, with the development of the economic concept of existing assets, it is found that the concept of public interest is lagging. Therefore, this research has two main objectives: (1) to provide an overview for the elaboration of the concept of interests that are limited by existing laws and regulations in Indonesia, and (2) to take the essence of the economy for the benefit of the public.","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43242254","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 : 2022-09-09DOI: 10.20961/yustisia.v11i2.62219
Ahmed M A Hamad, Haslinda Mohd Anuar
The system of government considers constitutional supremacy in which the freedom of the legislature of parliamentary supremacy relinquishes to the requirements of a constitution. This article examines the constitutional supremacy of basic law from the legal and judicial perspective, particularly concerning the Palestinian situation. In addition, constitutions differentiate according to whether they are codified or not into written constitutions and unwritten constitutions. Besides, constitutions differ in how they are amended into flexible and rigid constitutions. Palestinian Basic Law of 2003 is not explicitly provided with any legal provision or article in the Basic Law about the principle of constitutional supremacy or the supremacy of the basic law. However, some elements and legal provisions or articles could make the Basic Law supreme. The article aims to clarify the decline of the concept of constitutional supremacy or the supremacy of the basic law from the legal and judicial perspective, with particular reference to the Palestinian situation. Moreover, constitutional oversight secured the supremacy of the Basic Law of 2003. These main findings show that the Palestinian Basic Law of 2003 has adopted the principle of supremacy of the Basic Law of 2003 over ordinary laws and subsidiaries within the state of Palestine. The article also emphasises the need to explicitly mention the principle of constitutional supremacy or the supremacy of the basic law by amending the Basic Law of 2003
{"title":"Deliberating the Constitutional Supremacy from Legal Perspective in Palestine","authors":"Ahmed M A Hamad, Haslinda Mohd Anuar","doi":"10.20961/yustisia.v11i2.62219","DOIUrl":"https://doi.org/10.20961/yustisia.v11i2.62219","url":null,"abstract":"The system of government considers constitutional supremacy in which the freedom of the legislature of parliamentary supremacy relinquishes to the requirements of a constitution. This article examines the constitutional supremacy of basic law from the legal and judicial perspective, particularly concerning the Palestinian situation. In addition, constitutions differentiate according to whether they are codified or not into written constitutions and unwritten constitutions. Besides, constitutions differ in how they are amended into flexible and rigid constitutions. Palestinian Basic Law of 2003 is not explicitly provided with any legal provision or article in the Basic Law about the principle of constitutional supremacy or the supremacy of the basic law. However, some elements and legal provisions or articles could make the Basic Law supreme. The article aims to clarify the decline of the concept of constitutional supremacy or the supremacy of the basic law from the legal and judicial perspective, with particular reference to the Palestinian situation. Moreover, constitutional oversight secured the supremacy of the Basic Law of 2003. These main findings show that the Palestinian Basic Law of 2003 has adopted the principle of supremacy of the Basic Law of 2003 over ordinary laws and subsidiaries within the state of Palestine. The article also emphasises the need to explicitly mention the principle of constitutional supremacy or the supremacy of the basic law by amending the Basic Law of 2003","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47243678","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 : 2022-04-28DOI: 10.20961/yustisia.v11i1.59296
Zainal Arifin Mochtar, Idul Rishan
The Indonesian House of Representatives’ approval of the Omnibus Law on Job Creation marks a significant enhancement of the business climate and a step forward for labor market flexibility, which should, over time, improve the country’s international competitiveness. But, the Constitutional Court delivered shocking news by declaring that the omnibus Job Creation Law, is partly unconstitutional on November 2021. This study aims to reveal two things. First, procedural injustice in the making of Indonesian Omnibus Law on Job Creation. Second, the root of autocratic legalism and its prevention. The study is a doctrinal legal research with qualitative analysis. It has identified that (1) five violations of procedural justice in the making of the omnibus law reflect autocratic legalism in Indonesia; and (2) three factors contribute to the phenomenon. The three contributing factors are (i) the co-optation of the ruling party in the parliament, (ii) the violations of the law and constitution, and (iii) the undermined judicial independence. Indeed, the cartelization in political parties should be ended. Therefore, citizens need to conduct strengthened collective control. In addition, the independence of the Constitutional Court should be preserved.
{"title":"Autocratic Legalism: the Making of Indonesian Omnibus Law","authors":"Zainal Arifin Mochtar, Idul Rishan","doi":"10.20961/yustisia.v11i1.59296","DOIUrl":"https://doi.org/10.20961/yustisia.v11i1.59296","url":null,"abstract":"The Indonesian House of Representatives’ approval of the Omnibus Law on Job Creation marks a significant enhancement of the business climate and a step forward for labor market flexibility, which should, over time, improve the country’s international competitiveness. But, the Constitutional Court delivered shocking news by declaring that the omnibus Job Creation Law, is partly unconstitutional on November 2021. This study aims to reveal two things. First, procedural injustice in the making of Indonesian Omnibus Law on Job Creation. Second, the root of autocratic legalism and its prevention. The study is a doctrinal legal research with qualitative analysis. It has identified that (1) five violations of procedural justice in the making of the omnibus law reflect autocratic legalism in Indonesia; and (2) three factors contribute to the phenomenon. The three contributing factors are (i) the co-optation of the ruling party in the parliament, (ii) the violations of the law and constitution, and (iii) the undermined judicial independence. Indeed, the cartelization in political parties should be ended. Therefore, citizens need to conduct strengthened collective control. In addition, the independence of the Constitutional Court should be preserved.","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42400856","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 : 2022-04-28DOI: 10.20961/yustisia.v11i1.58872
Yordan Gunawan, Dwilani Irrynta
The Corona Virus Disease 2019 (COVID-19) outbreak has impacted practically every aspect of life worldwide, particularly Asia. Governments from various States work hard to prevent and mitigate the spread by instituting multiple social distancing and lockdown measures. While those measures have been effective in containing the spread, there are other negative consequences, including the risks associated with domestic violence in the family home, whether physical, psychological, verbal, sexual, or economic violence. Subsequently, there has been a significant increase in online searches for help from intimate partner violence, according to the United Nations Population Fund (UNFPA). Moreover, the UN Women also reported that essential services, such as shelters and helplines, have exceeded their capacity. Using a normative legal research methodology that sources are obtained from secondary data, the finding shows that thousands of women living in several Asian States experienced more abuse in domestic violence and had less resilience during the pandemic. Whether national or international, the existing regulations are insufficient to prevent violence and protect victims. Thus, remote services in various sectors, including social, health, and justice, must be further developed and institutionalized by the States to overcome such issues.
{"title":"International Human Rights Protection: The Impact of COVID-19 Pandemic on Domestic Violence","authors":"Yordan Gunawan, Dwilani Irrynta","doi":"10.20961/yustisia.v11i1.58872","DOIUrl":"https://doi.org/10.20961/yustisia.v11i1.58872","url":null,"abstract":"The Corona Virus Disease 2019 (COVID-19) outbreak has impacted practically every aspect of life worldwide, particularly Asia. Governments from various States work hard to prevent and mitigate the spread by instituting multiple social distancing and lockdown measures. While those measures have been effective in containing the spread, there are other negative consequences, including the risks associated with domestic violence in the family home, whether physical, psychological, verbal, sexual, or economic violence. Subsequently, there has been a significant increase in online searches for help from intimate partner violence, according to the United Nations Population Fund (UNFPA). Moreover, the UN Women also reported that essential services, such as shelters and helplines, have exceeded their capacity. Using a normative legal research methodology that sources are obtained from secondary data, the finding shows that thousands of women living in several Asian States experienced more abuse in domestic violence and had less resilience during the pandemic. Whether national or international, the existing regulations are insufficient to prevent violence and protect victims. Thus, remote services in various sectors, including social, health, and justice, must be further developed and institutionalized by the States to overcome such issues.","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43073865","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 : 2022-04-28DOI: 10.20961/yustisia.v11i1.61054
Emad Mohammed Al-Amaren, Sultan Ibrahim Aletein
The Uniform Custom and Practice (UCP 600), has defined letter of credit as: “Any arrangement, however, named or described, that is irrevocable and thereby constitutes a definite undertaking of the Issuing Bank to honour a complying presentation. UCP 600 is subject to four main principles: Strict Compliance, Autonomy, Documents handling and virtue examination. This study aims to identify the fundamental principles governing letter of credit operation under the Jordanian Banks practice. Through a qualitative and doctrinal legal approach, this study analyses the organization of UCP 600 regarding the principle governing L/C and the extent to which Jordanian banks adhere to the principles of UCP 600. It also examines, via case approach the Jordanian court's approach towards this matter. The findings reveal that the Jordanian banks (Conventional and Islamic) with 100% are fully committed to the UCP. Moreover, this study also has found that Although Jordanian legislators did not regulate letters of credit operations under the commercial law, it can be noticed, based on the commercial law, that the autonomy principle is applicable in Jordan, even if it is applied in a different context.
{"title":"The Uniform Customs and Practices (UCP 600) and Letters of Credit: How do the Jordanian Bank's Compliance Practices ?","authors":"Emad Mohammed Al-Amaren, Sultan Ibrahim Aletein","doi":"10.20961/yustisia.v11i1.61054","DOIUrl":"https://doi.org/10.20961/yustisia.v11i1.61054","url":null,"abstract":"The Uniform Custom and Practice (UCP 600), has defined letter of credit as: “Any arrangement, however, named or described, that is irrevocable and thereby constitutes a definite undertaking of the Issuing Bank to honour a complying presentation. UCP 600 is subject to four main principles: Strict Compliance, Autonomy, Documents handling and virtue examination. This study aims to identify the fundamental principles governing letter of credit operation under the Jordanian Banks practice. Through a qualitative and doctrinal legal approach, this study analyses the organization of UCP 600 regarding the principle governing L/C and the extent to which Jordanian banks adhere to the principles of UCP 600. It also examines, via case approach the Jordanian court's approach towards this matter. The findings reveal that the Jordanian banks (Conventional and Islamic) with 100% are fully committed to the UCP. Moreover, this study also has found that Although Jordanian legislators did not regulate letters of credit operations under the commercial law, it can be noticed, based on the commercial law, that the autonomy principle is applicable in Jordan, even if it is applied in a different context.","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42090255","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 : 2022-04-28DOI: 10.20961/yustisia.v11i1.60982
S. Hermawan, Febrian Indar Surya Kusuma
Debates on the discussion of the law limits began to emerge along with the development of science. For some circles, interdisciplinary discussions are considered essential because they can complement a mature legal study. This concept also gave rise to legal studies carried out together with other scientific groups such as social sciences. In this context, the combination of the scope of social science and law has contributed to studying the prevailing social conditions by applying the rule of law. The limitations of the extra-legal aspects that appear in the socio-legal study are what then raise and require confirmation to be said as a study that results from the legal study space.
{"title":"NORMATIVITY IN LEGAL SOCIOLOGY: Methodological Reflection on Law and Regulation in Late Modernity","authors":"S. Hermawan, Febrian Indar Surya Kusuma","doi":"10.20961/yustisia.v11i1.60982","DOIUrl":"https://doi.org/10.20961/yustisia.v11i1.60982","url":null,"abstract":"Debates on the discussion of the law limits began to emerge along with the development of science. For some circles, interdisciplinary discussions are considered essential because they can complement a mature legal study. This concept also gave rise to legal studies carried out together with other scientific groups such as social sciences. In this context, the combination of the scope of social science and law has contributed to studying the prevailing social conditions by applying the rule of law. The limitations of the extra-legal aspects that appear in the socio-legal study are what then raise and require confirmation to be said as a study that results from the legal study space.","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47501152","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 : 2022-04-28DOI: 10.20961/yustisia.v11i1.57891
Priyo Hadisusilo, S. Riyanto, Harry Purwanto
The use of force against other countries is strictly prohibited and has the character of jus cogens. However, this provision is not rigidly applied in the self-defence context codified in the United Nations Charter 1945 Article 51, also in the air defence context through the existence of the Air Defence Identification Zone (ADIZ). This research discusses whether ADIZ embodies the anticipatory efforts in the framework of customary international law. The research results indicate that the determination of ADIZ is not a form of self-defence principle in Article 51, which is the realm of jus ad bellum. Moreover, the conservative self-defence prerequisites in Article 51 are no longer relevant in line with the revolutionary development of aviation and its armament technology. Therefore, ADIZ, as a state security practice, constitutes a form of anticipatory efforts within the framework of long-standing state practice as customary international law. Furthermore, the use of force for violators is limited by Article 3 bis of the Chicago Convention 1944 and the Standard and Recommended Practices.
{"title":"Redefining the Air Defence Identification Zone in the Framework of Customary International Law","authors":"Priyo Hadisusilo, S. Riyanto, Harry Purwanto","doi":"10.20961/yustisia.v11i1.57891","DOIUrl":"https://doi.org/10.20961/yustisia.v11i1.57891","url":null,"abstract":"The use of force against other countries is strictly prohibited and has the character of jus cogens. However, this provision is not rigidly applied in the self-defence context codified in the United Nations Charter 1945 Article 51, also in the air defence context through the existence of the Air Defence Identification Zone (ADIZ). This research discusses whether ADIZ embodies the anticipatory efforts in the framework of customary international law. The research results indicate that the determination of ADIZ is not a form of self-defence principle in Article 51, which is the realm of jus ad bellum. Moreover, the conservative self-defence prerequisites in Article 51 are no longer relevant in line with the revolutionary development of aviation and its armament technology. Therefore, ADIZ, as a state security practice, constitutes a form of anticipatory efforts within the framework of long-standing state practice as customary international law. Furthermore, the use of force for violators is limited by Article 3 bis of the Chicago Convention 1944 and the Standard and Recommended Practices.","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41970996","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 : 2022-04-28DOI: 10.20961/yustisia.v11i1.54789
A. Merdekawati, Marsudi Triatmodjo, S. Nurvianto, Irkham Afnan Trisandi Hasibuan, Vivin Purnamawati, I. Agung
As a country rich in biodiversity, Indonesia has realised the importance of conducting conservation efforts beyond the designated conservation areas, where most of the biodiversity elements are located. In fact, the country has adopted the concept of Essential Ecosystem Areas (EEAs) into various statutory instruments. However, the implementation of EEA policies has faced various obstacles stemming from the dualism of authority between the central and regional governments in establishing and managing EEA. Act No. 23 of 2014 on Regional Government delegates the implementation to the provincial governments. At the same time, Government Regulation No. 28 of 2011 mandates that the exercise of EEA protection be integrated with conservation efforts conducted by the central government. Therefore, this study aims to analyse the legal implications of the dualism of authority in EEA implementation and provide recommendations for a regulatory scheme. The problem may be mitigated by considering the factors relevant to the regulatory implementation aspects. The results revealed that the existence of dualism of authority has had implications in several aspects, including the authority in establishing, managing and financing EEAs, which have prevented authorities from achieving the objectives of establishing EEAs. Thus, this study also recommends the integrated and modified implementation of EEA policies in several ways
{"title":"Indonesia and Conservation Outside Forests: An Option to Untangle Authority Dualism in the Implementation of the Essential Ecosystem Area","authors":"A. Merdekawati, Marsudi Triatmodjo, S. Nurvianto, Irkham Afnan Trisandi Hasibuan, Vivin Purnamawati, I. Agung","doi":"10.20961/yustisia.v11i1.54789","DOIUrl":"https://doi.org/10.20961/yustisia.v11i1.54789","url":null,"abstract":"As a country rich in biodiversity, Indonesia has realised the importance of conducting conservation efforts beyond the designated conservation areas, where most of the biodiversity elements are located. In fact, the country has adopted the concept of Essential Ecosystem Areas (EEAs) into various statutory instruments. However, the implementation of EEA policies has faced various obstacles stemming from the dualism of authority between the central and regional governments in establishing and managing EEA. Act No. 23 of 2014 on Regional Government delegates the implementation to the provincial governments. At the same time, Government Regulation No. 28 of 2011 mandates that the exercise of EEA protection be integrated with conservation efforts conducted by the central government. Therefore, this study aims to analyse the legal implications of the dualism of authority in EEA implementation and provide recommendations for a regulatory scheme. The problem may be mitigated by considering the factors relevant to the regulatory implementation aspects. The results revealed that the existence of dualism of authority has had implications in several aspects, including the authority in establishing, managing and financing EEAs, which have prevented authorities from achieving the objectives of establishing EEAs. Thus, this study also recommends the integrated and modified implementation of EEA policies in several ways","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45966482","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-29DOI: 10.20961/yustisia.v10i3.54705
Delfi Suganda, Retno Saraswati, Nabitatus Sa’adah
This article aimed to analyze the role and chances of the Wali Nanggroe in its involvement in international peace and its relation to the implementation of special autonomy in Aceh. One of the functions mandated by the qanun (local laws) of Wali Nanggroe Institution is participation in local, national, and international peace. The participation of Wali Nanggroe Institution to be part of regional, national and international peace is an exciting study because most of Wali Nanggroe's members are currently former officials and former combatants of the Free Aceh Movement. This research will analyze the opportunities of the Wali Nanggroe Institute in its involvement in the world and its relation to the implementation of special autonomy in Aceh. This research shows the peace will continue after the peace agreement because many Acehnese leaders, former GAM leaders, believe that the MOU can bring Aceh to a self-government system through a peaceful and democratic process. that several opportunities can be used by it to carry out the function of peace, among others, the first is strong support from local political parties because Wali Nanggroe is an "old man" in Aceh; Third, good relations between Wali Nanggroe and foreign countries or bodies, as well as Wali Nanggroe's own experience in the negotiation process with the Government of Indonesia to realize the understanding of the Helsinki MoU in Finland.
{"title":"The Role of Wali Nanggroe Institution to Realize Peace in the Asymmetric Decentralization: the Case of Indonesia","authors":"Delfi Suganda, Retno Saraswati, Nabitatus Sa’adah","doi":"10.20961/yustisia.v10i3.54705","DOIUrl":"https://doi.org/10.20961/yustisia.v10i3.54705","url":null,"abstract":"This article aimed to analyze the role and chances of the Wali Nanggroe in its involvement in international peace and its relation to the implementation of special autonomy in Aceh. One of the functions mandated by the qanun (local laws) of Wali Nanggroe Institution is participation in local, national, and international peace. The participation of Wali Nanggroe Institution to be part of regional, national and international peace is an exciting study because most of Wali Nanggroe's members are currently former officials and former combatants of the Free Aceh Movement. This research will analyze the opportunities of the Wali Nanggroe Institute in its involvement in the world and its relation to the implementation of special autonomy in Aceh. This research shows the peace will continue after the peace agreement because many Acehnese leaders, former GAM leaders, believe that the MOU can bring Aceh to a self-government system through a peaceful and democratic process. that several opportunities can be used by it to carry out the function of peace, among others, the first is strong support from local political parties because Wali Nanggroe is an \"old man\" in Aceh; Third, good relations between Wali Nanggroe and foreign countries or bodies, as well as Wali Nanggroe's own experience in the negotiation process with the Government of Indonesia to realize the understanding of the Helsinki MoU in Finland.","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45337233","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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