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The Moving of Indonesia’s Capital City and Its Legality Within Its Constitutional System 印尼<s:2>首都迁都及其在宪法体系中的合法性
Pub Date : 2022-08-30 DOI: 10.29303/ius.v10i2.1111
Farhan Farhan, Angelia Gunawan, Krisna Ananda Putra, Khanza Inas Az Zahra Fikry, Tengku Mahathir Mas'ud
The purpose of this study is to analyze the projected status of the Special Capital Region (DKI) Jakarta after the on-going move of Indonesia’s Capital City from Jakarta to Nusantara, and to analyze the legality status of the government’s decision regarding the move within Indonesia’s constitutional system. Through normative legal method, this study demonstrates that the status of DKI Jakarta as the capital city will change after the capital city move based on several articles in Law Number 3 of 2022 on Capital City; hence, the function and role of the capital city of the Republic of Indonesia will be transferred from DKI Jakarta to the National Capital City (IKN) after the president releases a presidential decree on the matter. Prior to the move, all positions, functions and roles of the capital city will remain in DKI Jakarta. Once the presidential decree related to the transfer of the capital city is released, the Law Number 29 of 2007 on the Provincial Government of Jakarta as the capital city of Indonesia will no longer be valid. However, Jakara’s function as an autonomous region will still apply. There are several steps that need to be done; firstly, compiling academic manuscript in drafting the academic text of Law Number 3 of 2022 on Capital City; secondly, conducting more discussions regarding Law Number 3 of 2022 on Capital City and the status of Law Number 29 of 2007 regarding the Provincial Government of Jakarta as the Capital City of Indonesia; thirdly, providing opportunity for public participation in the preparation and discussion in the making of Law Number 3 of 2022 on Capital City.
本研究的目的是分析雅加达特别首都区(DKI)在印尼首都从雅加达迁往努沙马拉后的预期地位,并分析政府决定在印尼宪法体系内的合法性地位。通过规范的法律方法,本研究基于2022年第3号关于首都的法律中的几条,论证了首都迁都后雅加达作为首都的地位将发生变化;因此,印度尼西亚共和国首都的功能和作用将在总统发布总统令后从雅加达DKI转移到国家首都(IKN)。在搬迁之前,首都的所有职位、职能和角色都将留在雅加达DKI。一旦有关首都迁移的总统令被公布,2007年关于雅加达省政府作为印度尼西亚首都的第29号法律将不再有效。然而,雅加达作为一个自治区的功能仍然适用。有几个步骤需要完成;首先,撰写2022年第3号《首都法》学术文本的学术稿件;第二,就2022年关于首都的第3号法律和2007年关于雅加达省政府作为印度尼西亚首都的第29号法律的地位进行更多的讨论;第三,为公众参与《2022年第3号首都法》制定的准备和讨论提供机会。
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引用次数: 0
The Overplay Functions and Authority of The Sea Security Board (Bakamla) and The Sea and Coast Guard in Keeping Marine Security in Indonesia 印尼海上安全委员会(Bakamla)和海上和海岸警卫队在维护海上安全方面的职能和权威被夸大
Pub Date : 2022-08-29 DOI: 10.29303/ius.v10i2.999
S. Suparto, A. Admiral
Indonesia is a maritime country with a wide ocean. Geopolitically, Indonesia’s position is an international shipping lane. Therefore, it is necessary to have an institution that has the duty and authority to maintain sea and coastal security and shipping safety. The formulation of the problem is how the functions and authorities of the Sea and Coast Guard (SCG) and the Maritime Security Agency (Bakamla) are in guarding Indonesian seas. The research method used a normative juridical approach with secondary data and analyzed descriptively qualitatively. There are two overlapping institutions in carrying out their duties and functions, namely SCG which is regulated in Law No. Year 2008 concerning Shipping and Bakamla which is regulated under the Law No. 32 Year 2014 concerning Marine Affairs. The government intends that maritime security in Indonesia to be handled by the military, not civilians. This can be seen that the chairman of Bakamla is held by a general from the Indonesian Navy and is responsible to the President through the Coordinating Minister for Political, Legal and Security Affairs. While in Law No. 17 Year 2008 stipulates that SCG is under the Ministry of Transportation and is responsible to the President. Bakamla is more appropriate to be used as SCG, this is based on the consideration that Indonesia is a maritime country with wide seas with all its problems such as narcotics trafficking, human trafficking, terrorism, theft of marine resources, etc., so it would be more appropriate to submit it to Bakamla as a semi-official institution. military. As a consequence of this choice, it is necessary to revise Law No. 17 Year 2008 and Law No. 32 Year 2014.
印度尼西亚是一个海洋国家,拥有广阔的海洋。在地缘政治上,印尼的位置是一条国际航线。因此,有必要设立一个有责任和权力维护海上和沿海安全和航运安全的机构。问题的提法是海洋和海岸警卫队(SCG)和海事安全局(Bakamla)在保护印度尼西亚海域方面的职能和权力。研究方法采用规范的司法方法和二手数据,并进行描述性定性分析。在履行其职责和职能时,有两个重叠的机构,即政府监察小组。根据2014年关于海洋事务的第32号法律规定,2008年关于航运和Bakamla。印尼政府打算将印尼的海上安全事务交给军方,而不是文职人员。由此可见,Bakamla主席由印尼海军上将担任,通过政治、法律和安全事务协调部长向总统负责。而在2008年第17号法律中规定,SCG隶属于交通部,对总统负责。Bakamla更适合作为SCG,这是基于印度尼西亚是一个海洋国家,拥有广阔的海洋,其所有问题,如毒品贩运,人口贩运,恐怖主义,盗窃海洋资源等,因此将其作为半官方机构提交给Bakamla更为合适。军队。由于这种选择,有必要修改2008年第17号法和2014年第32号法。
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引用次数: 1
Over The Limit of Authority of The Constitutional Court In Resolving Disputes About The Results of The General Election 论宪法法院在议会选举结果争议处理中的越权行为
Pub Date : 2022-08-29 DOI: 10.29303/ius.v10i2.1087
Sodikin Sodikin
The limits of authority possessed by the Constitutional Court in deciding disputes regarding the results of general elections as stipulated in Article 24C paragraph (1) of the 1945 Constitution have given a narrow interpretation which is to assess the difference in the figures set by the KPU. The limited authority of the Constitutional Court has caused the decline in the quality of elections. The Constitutional Court does not dare to take on its broader authority even though its position as guardian of the constitution as well as the guardian of democracy. The wider authority of the Constitutional Court needs to be given that every election will always be followed by violations and fraud.
1945年《宪法》第24条c款第(1)项规定的宪法法院在决定有关大选结果的争议时所拥有的权力限制给予了一种狭隘的解释,即评估选举委员会所定数字的差异。宪法法院的权力有限导致了选举质量的下降。宪法法院既是宪法的守护人,也是民主主义的守护人,但它不敢承担更大的权力。需要赋予宪法法院更广泛的权力,因为每次选举之后总是会出现违规和欺诈行为。
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引用次数: 0
Dillemas of Bad Loan Settlement of Village Credit Institution (Lembaga Perkreditan Desa) in The Covid-19 Pandemic Situation 新冠肺炎疫情下乡村信贷机构坏账处置困境
Pub Date : 2022-08-25 DOI: 10.29303/ius.v10i2.1104
I. Sujana, Leonito Ribeiro
This paper analyzes the dilemma of resolving bad loans of the Village Credit Institution (LPD) in the Covid19 Pandemic Era. The focus of the study is the problems faced by the Village Credit Institution (LPD) in resolving bad loans in Bali Province during the COVID-19 pandemic era. This study was conducted because LPDs in Bali experienced difficulties in securing credit even though the collaterals or guarantees were imposed with a mortgage as well as a Fiduciary during the Covid 19 period. As an analytical device on the legal issues studied, the author applied the theory of the welfare state with a statutory approach, a conceptual approach, a sociological approach, and a case approach. Based on the results of the study, it is found that the settlement of bad loans at the LPD is in a dilemma. “Internally“ the LPD noticed that the debtors, members of the traditional village, are taking refuge behind the Covid-19 pandemic situation, and denied their obligations. In the collateral cases, even though Mortgage Rights have been imposed with a fiduciary, settlement is about to be carried out, it turns out to be controlled by a third party who is a member of the Customary Village to execute loan settlement through the expropriation of the collateral by execution parate. This type of action is not allowed based on the principles of Balinese customary law paras, parosegilikseguluk, sarpanayasabayantaka. In this case, the LPD should go back to court. Meanwhile, “externally” the economic atmosphere affected by the Covid-19 pandemic has not yet recovered. Therefore, LPD faces a difficult choice between settling bad loans to recover the cash flow of a company, and taking measures to save credit by rescheduling, restructuring, and reconditioning. This rescue measure has become a heavy burden for LPDs to fulfill their obligations to credit customers.
本文分析了新冠肺炎疫情下村镇信贷机构(LPD)解决不良贷款的困境。研究的重点是在2019冠状病毒病大流行时期,巴厘省村信贷机构(LPD)在解决不良贷款方面面临的问题。之所以进行这项研究,是因为巴厘岛的lpd在获得信贷方面遇到了困难,即使在2019冠状病毒病期间,抵押贷款和受托人都施加了抵押品或担保。作为对所研究的法律问题的分析工具,作者运用了福利国家理论,包括法定方法、概念方法、社会学方法和案例方法。根据研究结果,发现LPD的不良贷款结算处于两难境地。 - œInternallyâ - LPD注意到,作为传统村庄成员的债务人以新冠肺炎疫情为借口,拒绝履行其义务。在抵押物案件中,即使抵押权已经被施加了受托人,即将进行结算,但结果是由一个作为习惯村成员的第三方控制,通过执行方对抵押物的征收来执行贷款结算。根据巴厘岛习惯法paras, parosigilikseguluk, sarpanayasabayantaka的原则,这种行为是不允许的。在这种情况下,LPD应该回到法庭。与此同时,受新冠肺炎疫情影响的经济氛围仍未恢复。因此,LPD面临着艰难的选择,是解决不良贷款以恢复公司的现金流,还是采取重新安排、结构调整、重整等措施来挽救信用。这一救助措施已成为物流公司履行信用义务的沉重负担。
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引用次数: 0
Policies, Laws and Strategies for Responding to Cyberterrorism in Thailand 应对泰国网络恐怖主义的政策、法律和战略
Pub Date : 2022-08-24 DOI: 10.29303/ius.v10i2.1095
Natthamon Petchkla, Sumonthip Chitsawang
This article explains the policies and strategies currently used in Thailand for responding to terrorism. This study uses in-depth interviews with technicians and policy analysis experts in the area of cyber-attack, including more than 30 people in 15 governmental agencies. Specifically, the study begins by exploring the definition of cyberterrorism. Moreover, the study uses document research in both Thai and English and concludes that Thailand’s governmental agencies understand the concept of cyberterrorism and have already established policies and strategies for responding to it in the future.
本文解释了泰国目前用于应对恐怖主义的政策和战略。本研究对网络攻击领域的技术人员和政策分析专家进行了深度访谈,包括15个政府机构的30多人。具体来说,本研究首先探讨了网络恐怖主义的定义。此外,该研究使用了泰语和英语的文献研究,得出的结论是,泰国政府机构了解网络恐怖主义的概念,并已经制定了未来应对网络恐怖主义的政策和战略。
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引用次数: 0
Complaint Authority for Constitutional Complaint by Indonesia’s Constitutional Court 印尼宪法法院宪法申诉机构
Pub Date : 2022-08-24 DOI: 10.29303/ius.v10i2.1070
Sri Warjiyati, Kayode Muhammed Ibrahim, Safrin Salam, U. Faruq
Constitutional Court will be able to provide protection for constitutional rights which will produce institutions that are able to provide answers to reforms. The presence of the Constitutional Court third amendment to the 1945 Constitution of the Republic of Indonesia, which became the basis of Article 24C. The legitimacy of the Constitutional Court in a limited way is formulated, namely: to begin, to investigate legislation that violates the constitution, to adjudicate disputes over the power of state institutions vested with constitutional authority, and to adjudicate the dissolution of political parties and settlement, the four general election disputes. In the modern state administration discourse, it currently requires the Constitutional Court to expand the scope of its authority in relation to Constitutional Complaints or commonly referred to as Constitutional Complaints. The necessity of one of these powers can be seen in the number of state institutions that violate the constitutional rights of citizens through the actions of these institutions. However, the channel for this complaint still does not exist, only that currently exists in providing protection for the right of Constitutional Complaints to be protected through judicial review of the basic constitution as regulated in the constitution.
宪法法院将能够为宪法权利提供保护,从而产生能够为改革提供答案的机构。宪法法院对1945年《印度尼西亚共和国宪法》的第三次修正案的存在成为第24条c款的基础。宪法法院的合法性在有限的范围内被确立,即:开始,调查违反宪法的立法,裁决赋予宪法权力的国家机构的权力纠纷,以及裁决解散政党和解决四个大选纠纷。在现代国家行政话语中,它目前要求宪法法院扩大其与宪法申诉或通常被称为宪法申诉有关的权力范围。其中一种权力的必要性可以从国家机构的数量上看出,这些机构的行为侵犯了公民的宪法权利。然而,这种申诉的渠道仍然不存在,目前存在的只有通过宪法规定的对基本宪法的司法审查来保护宪法申诉的权利。
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引用次数: 0
Paralyzing the WTO from the Inside: The Deadlock of the Appointment of Appellate Body Judges and its Repercussions 从内部瘫痪WTO:上诉机构法官任命的僵局及其影响
Pub Date : 2022-08-23 DOI: 10.29303/ius.v10i2.1093
I. P. Widiatedja, Mohammad Qadam Shah
The establishment of the dispute settlement procedure that consists of the Panel Report and the Appellate Body has been the most remarkable characteristic of the World Trade Organization. Beside the most productive international dispute resolution process, it has consistently adopted a rule-oriented procedure in enforcing the commitments made during trade negotiations. Since the last five years, however, the dispute settlement process has confronted an existential crisis. While conflict resolution through consultations and panels continues, the process under the Appellate Body is forced to stop. The United States has impaired the appointment of additional judges to this body, preventing it from obtaining the quorum required to hear appeals. By employing a normative research, this paper aims to identify and analyze the deadlock of the appointment of the Appellate Body judges and its repercussions for international trade governance, including Indonesia. This deadlock could jeopardy the viability of global trading system as there would be no proceeding to hear the dispute at the appellate level. Some cases that involved Indonesia would also be affected, particularly if the parties are willing to continue this process to the Appellate Body. 
建立由专家组报告和上诉机构组成的争端解决程序是世界贸易组织最显著的特点。除了最有成效的国际争端解决程序外,它还一贯采用一种面向规则的程序来执行在贸易谈判期间作出的承诺。然而,自过去五年来,争端解决进程面临着一场生存危机。虽然继续通过协商和小组解决冲突,但上诉机构下的进程被迫停止。美国妨碍任命该机构的其他法官,使其无法达到审理上诉所需的法定人数。本文采用规范研究,旨在识别和分析上诉机构法官任命的僵局及其对包括印度尼西亚在内的国际贸易治理的影响。这种僵局可能危及全球贸易体系的生存能力,因为将没有在上诉一级审理争端的程序。一些涉及印度尼西亚的案件也将受到影响,特别是如果当事各方愿意将这一进程继续到上诉Body.Â
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引用次数: 0
Risk-Based Business License and Problems Arising After The Job Creation ACT 基于风险的营业执照及《创造就业法案》后出现的问题
Pub Date : 2022-08-23 DOI: 10.29303/ius.v10i2.1082
H. Hariyanto
The emergence of the Job Creation Act, one of the aims of creating employment opportunities. In general, the administrative licensing process in Indonesia is a barrier to business transformation. Many licensing processes do not have clear protocols, demanding, lack transparency, and costly. So that the fundamental transformation in the Job Creation Law is the transformation of the business licensing paradigm in Indonesia. Switch from the traditional license-based licensing approach to risk-based licensing. This research aims to reveal how risk-based licensing actually is and what problems can arise in licensing when risk-based licensing is applied. This is a doctrinal study that takes a conceptual and legal approach. The analysis is in the form of primary, secondary, and tertiary legal materials. The data and materials collected were analyzed qualitatively and described by descriptive analysis. This paper concludes that risk-based licensing relies more on a thorough risk analysis. In the implementation of risk-based licensing, the regulator assesses several factors such as business activities, business performance history, and the risk management system in place. Based on these matters, the regulator then places business actors into several groups, according to the level of risk. Risk-based licensing, on the other hand, has a couple of problems. The first issue is ambiguous risk assessment as a result of the omnibus legislative format. Second, the volatile risk hasn’t been taken into account. Third, neither cumulative nor systemic risks have been taken into account. Fourth, there are unanticipated implementation challenges. Finally, there is the possibility of regulatory capture.
《创造就业法案》的出现,是创造就业机会的目标之一。总的来说,印尼的行政许可程序是企业转型的障碍。许多许可程序没有明确的协议,要求苛刻,缺乏透明度,而且成本高昂。所以就业创造法的根本转变是印尼商业许可模式的转变。从传统的基于许可的许可方法切换到基于风险的许可方法。本研究旨在揭示基于风险的许可实际上是什么,以及在应用基于风险的许可时可能出现的问题。这是一项理论研究,采用概念和法律方法。分析是在一级,二级和三级法律材料的形式。对收集到的数据和资料进行定性分析,并采用描述性分析进行描述。本文的结论是,基于风险的许可更依赖于彻底的风险分析。在实施基于风险的发牌时,监管机构会评估若干因素,例如业务活动、业务业绩历史和风险管理系统。在这些问题的基础上,监管机构根据风险水平将业务参与者分成几个组。另一方面,基于风险的许可存在一些问题。第一个问题是由于综合立法形式造成的模棱两可的风险评估。其次,波动性风险没有考虑进去。第三,既没有考虑累积风险,也没有考虑系统性风险。第四,存在未预料到的执行挑战。最后,还有监管俘获的可能性。
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引用次数: 4
Granting of Mortgage Loans With Guarantees of Land Right Owned by Third Parties in Banking Agreements 以银行协议中第三方拥有的土地权利为担保发放抵押贷款
Pub Date : 2022-08-23 DOI: 10.29303/ius.v10i2.1112
Cahya Khaerani, Budi Santoso, Hanif Nurwidhiyanti
This study aims to analyze the process of implementing an agreement between a bank and a third party as a collateral owner/which does not belong directly to the debtor, and analyze the legal protection for the owner of the object of mortgage rights pledged by the debtor. The method of approach used in this research is the juridical empirical approaching method. In the implementation of the agreement between the Bank and the collateral owner third party, it is carried out through the Mortgage Rights mechanism. In the event of default by the debtor. Then, the creditor (bank) can still execute the object of collateral pledged by the debtor in accordance with applicable regulations. Second, the UUHT does not provide enough protection to the collateral owner/third party, considering that the third party/collateral owner is not the direct debtor in the credit agreement. In addition, between the third party and the creditor (Bank) also do not have a direct legal relationship, because the third party only has a direct legal relationship with the debtor. So that the third party will only get legal protection from the debtor in accordance with the agreement made with the third party.
本研究旨在分析银行与第三方作为不直接属于债务人的抵押物所有人/履行协议的过程,并分析债务人质押的抵押权客体所有人的法律保护。本研究采用的研究方法是司法实证方法。在执行银行与抵押物所有人第三方之间的协议时,是通过抵押权机制进行的。在债务人违约的情况下。此时,债权人(银行)仍可按照有关规定执行债务人质押的抵押物。第二,uht没有为抵押品所有人/第三方提供足够的保护,因为第三方/抵押品所有人不是信贷协议中的直接债务人。此外,第三人与债权人(银行)之间也不存在直接的法律关系,因为第三人只与债务人存在直接的法律关系。使第三人只能根据与第三人达成的协议得到债务人的法律保护。
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引用次数: 0
Strengthening The Maritime Security System in Realizing Indonesia as The Global Maritime Fulcrum 加强海上安全体系建设,实现印尼成为全球海上支点
Pub Date : 2022-08-22 DOI: 10.29303/ius.v10i2.1026
Muhammad Rafi Darajati
The realization of Indonesia’s vision to become the Global Maritime Fulcrum depends on eradicating illegal fishing, reducing overfishing, and rehabilitating damaged marine and coastal environments. However, there are still frequent violations, and exploration in Indonesian waters has not been maximized, so the desire to realize Indonesia as the Global Maritime Fulcrum will be difficult to achieve. This study intends to examine how to strengthen the maritime security legal system to realize Indonesia as the Global Maritime Fulcrum. The research approach used is normative juridical. The author uses a qualitative approach to secondary legal data. The data is in the form of interviews related to the efforts made by stakeholders towards strengthening the maritime security system and realizing the vision of the Global Maritime Fulcrum. This study indicates that to realize Indonesia as the Global Maritime Fulcrum is to strengthen its maritime security system. There are three indicators based on legal system theory, namely optimal maritime security institutions, especially Indonesia Coast Guard, strengthening legal products related to eradicating illegal fishing, improving maritime security infrastructure, and creating new branding to continue to remind the public that Indonesia is a maritime state.
要实现印尼成为全球海洋支点的愿景,就必须消除非法捕捞,减少过度捕捞,恢复受损的海洋和沿海环境。然而,违规行为仍时有发生,在印尼海域的勘探也没有得到最大限度的发挥,实现印尼成为全球海上支点的愿望将难以实现。本研究旨在探讨如何加强海事安全法律制度,以实现印尼作为全球海事支点。所使用的研究方法是规范法学。作者对二手法律资料采用定性方法。数据采用访谈形式,涉及利益攸关方为加强海上安全体系和实现全球海洋支点愿景所做的努力。本研究表明,要实现印尼作为全球海上支点的地位,必须加强其海上安全体系。根据法制理论,有三个指标,即优化海上安全机构,特别是印度尼西亚海岸警卫队,加强与消除非法捕鱼有关的法律产品,改善海上安全基础设施,创造新的品牌,继续提醒公众印度尼西亚是一个海洋国家。
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引用次数: 1
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