Lowa Bole, Yohanes Umbu Sogara, Finsensius Samara, Stefanus Don Rade
The law can contribute maximally to the implementation of legal development if law enforcement officials and all levels of society are subject to and obey legal norms. However, in reality, not all elements of society obey the existing rules. This has led to the emergence of unlawful acts, such as the crime of buffalo theft. The crime of livestock theft is considered one of the criminal acts that are very detrimental as well as disturbing the community with the modus operandi of the perpetrators of buffalo theft in the West Sumba Resort Police Area with the problem of factors that cause the crime of buffalo theft and its countermeasures. This type of research is empirical legal research, using a sociological approach, namely identifying and conceptualizing law as a real and functional institution in a real-life system, this research was conducted in the West Sumba Resort Police Law Area, East Nusa Tenggara (NTT). Factors that cause the crime of buffalo theft are economic factors, environmental factors, and educational factors. The efforts of the West Sumba Resort Police in tackling the crime of buffalo theft in the West Sumba Resort Police Jurisdiction are through preventive efforts and repressive efforts.
{"title":"TINJAUAN KRIMINOLOGIS TERHADAP TINDAK PIDANA PENCURIAN KERBAU DI WILAYAH HUKUM KEPOLISIAN RESOR SUMBA BARAT","authors":"Lowa Bole, Yohanes Umbu Sogara, Finsensius Samara, Stefanus Don Rade","doi":"10.24002/jep.v39i1.6758","DOIUrl":"https://doi.org/10.24002/jep.v39i1.6758","url":null,"abstract":"The law can contribute maximally to the implementation of legal development if law enforcement officials and all levels of society are subject to and obey legal norms. However, in reality, not all elements of society obey the existing rules. This has led to the emergence of unlawful acts, such as the crime of buffalo theft. The crime of livestock theft is considered one of the criminal acts that are very detrimental as well as disturbing the community with the modus operandi of the perpetrators of buffalo theft in the West Sumba Resort Police Area with the problem of factors that cause the crime of buffalo theft and its countermeasures. This type of research is empirical legal research, using a sociological approach, namely identifying and conceptualizing law as a real and functional institution in a real-life system, this research was conducted in the West Sumba Resort Police Law Area, East Nusa Tenggara (NTT). Factors that cause the crime of buffalo theft are economic factors, environmental factors, and educational factors. The efforts of the West Sumba Resort Police in tackling the crime of buffalo theft in the West Sumba Resort Police Jurisdiction are through preventive efforts and repressive efforts.","PeriodicalId":52874,"journal":{"name":"Justitia Et Pax","volume":"30 21","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140697031","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article aims to find out and examine the inconsistencies in the regulation of corporate social and environmental responsibility in Indonesian laws and regulations and the legal politics of corporate social and environmental responsibility in Indonesian laws and regulations. This research is normative research with a legal political approach. The data source is in the form of secondary data consisting of primary legal materials and secondary legal materials. Methods of data collection using literature and interviews. Primary legal materials and secondary legal materials were analyzed using legal analysis methods. The thinking process used to draw conclusions is the deductive thinking process. There are inconsistencies in the regulation of corporate social and environmental responsibility in Indonesia, especially in Law Number 25 of 2007 concerning Investment and Law Number 40 of 2007 concerning Limited Liability Companies. There is an inconsistency or discrepancy in the regulation of corporate social and environmental responsibility because there is a discrepancy in the concept of corporate social and environmental responsibility in several laws that regulate this matter. Arrangements regarding social and environmental responsibility in Indonesia should be developed to address the current issues of corporate social and environmental responsibility. Renewal of social and environmental responsibility regulations can be carried out by taking into account the legal system and legal principles in force in Indonesia. This will enable the creation of legal certainty and provide justice for the parties in the implementation of corporate social and environmental responsibility.
{"title":"KONSISTENSI PENGATURAN TANGGUNG JAWAB SOSIAL DAN LINGKUNGAN PERUSAHAAN DALAM PERATURAN PERUNDANG-UNDANGAN DI INDONESIA","authors":"Vanessha Dasenta Demokracia","doi":"10.24002/jep.v39i1.7031","DOIUrl":"https://doi.org/10.24002/jep.v39i1.7031","url":null,"abstract":"The article aims to find out and examine the inconsistencies in the regulation of corporate social and environmental responsibility in Indonesian laws and regulations and the legal politics of corporate social and environmental responsibility in Indonesian laws and regulations. This research is normative research with a legal political approach. The data source is in the form of secondary data consisting of primary legal materials and secondary legal materials. Methods of data collection using literature and interviews. Primary legal materials and secondary legal materials were analyzed using legal analysis methods. The thinking process used to draw conclusions is the deductive thinking process. There are inconsistencies in the regulation of corporate social and environmental responsibility in Indonesia, especially in Law Number 25 of 2007 concerning Investment and Law Number 40 of 2007 concerning Limited Liability Companies. There is an inconsistency or discrepancy in the regulation of corporate social and environmental responsibility because there is a discrepancy in the concept of corporate social and environmental responsibility in several laws that regulate this matter. Arrangements regarding social and environmental responsibility in Indonesia should be developed to address the current issues of corporate social and environmental responsibility. Renewal of social and environmental responsibility regulations can be carried out by taking into account the legal system and legal principles in force in Indonesia. This will enable the creation of legal certainty and provide justice for the parties in the implementation of corporate social and environmental responsibility.","PeriodicalId":52874,"journal":{"name":"Justitia Et Pax","volume":"37 5‐6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140698725","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}
Abel Parvez, Andi Vallian Superani, Muhammad Hasyim Anta Maulana
This research focus on consumer personal data protection as a part of invention from privacy right in digital era. The high number of consumer personal data utilization by electronic system operator not accompanied with decent penetration stress test (PST) regulation. The purpose of this research is to give solution to clear personal data protection problem through PST testing method. The method that used by this research is normative research through statutory approach and conceptual approach. The result from this research concludes that there are still many problematic PST regulation. The problem can be seen from personal data protection that shattered in 30 statutory from different sector with no one arrange PST comprehensively. This dispute culminates to emergence dissimilarity definition, overlapping authority between receiver of System Management Security Information certification annual report, and PST operator polemic. As the result, it causes rampant of personal data breach that inflict consumer by matter, along with specific data exploitation that lead to sluggish business and economic country. Therefore, PST testing reformulation is needed as prevention step to protect consumer personal data in digital business era.
{"title":"REFORMULASI PENETRATION STRESS TEST SEBAGAI PERLINDUNGAN HUKUM DATA PRIBADI KONSUMEN DI ERA BISNIS DIGITAL","authors":"Abel Parvez, Andi Vallian Superani, Muhammad Hasyim Anta Maulana","doi":"10.24002/jep.v39i1.6358","DOIUrl":"https://doi.org/10.24002/jep.v39i1.6358","url":null,"abstract":"This research focus on consumer personal data protection as a part of invention from privacy right in digital era. The high number of consumer personal data utilization by electronic system operator not accompanied with decent penetration stress test (PST) regulation. The purpose of this research is to give solution to clear personal data protection problem through PST testing method. The method that used by this research is normative research through statutory approach and conceptual approach. The result from this research concludes that there are still many problematic PST regulation. The problem can be seen from personal data protection that shattered in 30 statutory from different sector with no one arrange PST comprehensively. This dispute culminates to emergence dissimilarity definition, overlapping authority between receiver of System Management Security Information certification annual report, and PST operator polemic. As the result, it causes rampant of personal data breach that inflict consumer by matter, along with specific data exploitation that lead to sluggish business and economic country. Therefore, PST testing reformulation is needed as prevention step to protect consumer personal data in digital business era.","PeriodicalId":52874,"journal":{"name":"Justitia Et Pax","volume":"26 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140696930","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}
Terrorism in Indonesia and the Philippines is growing rapidly. Wiretapping is used as a method of investigating terrorists. The purpose of this study is to find out and examine whether wiretapping of terrorism suspects according to the terrorism law is with human rights and the reasons why wiretapping terrorism in Indonesia takes a longer period of time than in the Philippines. Normative research method with statutory approach and comparative law. Sources of data in the form of secondary data consisting of primary legal materials and secondary legal materials. Wiretapping has not been specifically regulated in the law, while in practice it has caused controversy over the wiretapping procedure. Wiretapping is a problem because it violates the privacy rights of citizens. Wiretapping must be carried out in line with human rights principles including technical and licensing so that it can prove that wiretapping is certainly intended to provide protection. Wiretapping in Indonesia takes longer because terrorism networks in Indonesia are not centered on one area, so it takes a relatively long time to conduct wiretapping.
{"title":"PENYADAPAN DALAM TINDAK PIDANA TERORISME DI INDONESIA DAN FILIPINA DITINJAU DARI PERSPEKTIF HAK ASASI MANUSIA","authors":"Shinta Dewi Kumalasari","doi":"10.24002/jep.v39i1.5786","DOIUrl":"https://doi.org/10.24002/jep.v39i1.5786","url":null,"abstract":"Terrorism in Indonesia and the Philippines is growing rapidly. Wiretapping is used as a method of investigating terrorists. The purpose of this study is to find out and examine whether wiretapping of terrorism suspects according to the terrorism law is with human rights and the reasons why wiretapping terrorism in Indonesia takes a longer period of time than in the Philippines. Normative research method with statutory approach and comparative law. Sources of data in the form of secondary data consisting of primary legal materials and secondary legal materials. Wiretapping has not been specifically regulated in the law, while in practice it has caused controversy over the wiretapping procedure. Wiretapping is a problem because it violates the privacy rights of citizens. Wiretapping must be carried out in line with human rights principles including technical and licensing so that it can prove that wiretapping is certainly intended to provide protection. Wiretapping in Indonesia takes longer because terrorism networks in Indonesia are not centered on one area, so it takes a relatively long time to conduct wiretapping.","PeriodicalId":52874,"journal":{"name":"Justitia Et Pax","volume":"8 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140695972","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}
Marriage dispensation is a form of exception to marriages performed below the minimum age limit stipulated by law, which is 19 years. This arrangement results in the stipulation of the minimum age limit for marriage being deviated, exacerbated by the ambiguity of the norms of requirements in the application for a marriage dispensation, resulting in applications for a marriage dispensation that are often granted without being based on urgent reasons that show the urgency of the implementation of marriage for children who have not reached the age limit for marriage. This paper will examine strengthening the norms of marriage dispensation requirements as an effort to prevent child marriage by using the theory of legal purposes. This research is a normative legal research using statutory and case approaches. The results of this research conclude that the normative requirements contained in the provisions of Article 7 Paragraph (2) of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage are not accompanied by clear boundaries as standardization for judges in deciding requests for dispensation married for various reasons, resulting in judges interpreting the meaning of the article broadly so that the granting of a marriage dispensation request is highly dependent on the subjectivity of judges. This reduces the spirit of preventing child marriage and does not manifest the values of justice, benefit, and legal certainty.
{"title":"PENGUATAN NORMA SYARAT DISPENSASI KAWIN DALAM UPAYA PENCEGAHAN PERKAWINAN ANAK BERDASARKAN PERSPEKTIF TEORI TUJUAN HUKUM","authors":"Sulistyarini","doi":"10.24002/jep.v39i1.6580","DOIUrl":"https://doi.org/10.24002/jep.v39i1.6580","url":null,"abstract":"Marriage dispensation is a form of exception to marriages performed below the minimum age limit stipulated by law, which is 19 years. This arrangement results in the stipulation of the minimum age limit for marriage being deviated, exacerbated by the ambiguity of the norms of requirements in the application for a marriage dispensation, resulting in applications for a marriage dispensation that are often granted without being based on urgent reasons that show the urgency of the implementation of marriage for children who have not reached the age limit for marriage. This paper will examine strengthening the norms of marriage dispensation requirements as an effort to prevent child marriage by using the theory of legal purposes. This research is a normative legal research using statutory and case approaches. The results of this research conclude that the normative requirements contained in the provisions of Article 7 Paragraph (2) of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage are not accompanied by clear boundaries as standardization for judges in deciding requests for dispensation married for various reasons, resulting in judges interpreting the meaning of the article broadly so that the granting of a marriage dispensation request is highly dependent on the subjectivity of judges. This reduces the spirit of preventing child marriage and does not manifest the values of justice, benefit, and legal certainty.","PeriodicalId":52874,"journal":{"name":"Justitia Et Pax","volume":"23 3‐4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140695097","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}
Janvencius Valerius Nifowa'azaro Dachi, R. Shahrullah, Elza Syarief
One form of democracy's embodiment is through general elections. The Philippines and Indonesia are two countries in the Southeast Asian region that are currently still developing their democratic practices through general elections. This study aims to compare how the general elections have been enforced in the two countries to obtain input on the implementation of democracy in Indonesia. The normative legal research design was used in this study, and data collection was carried out through a literature study. The functional comparative approach compares the implementation of general elections in the two countries. The data collected by literature searches were analyzed using a qualitative juridical analysis method. The analysis shows that although the two countries have declared themselves democracies and the general election is the form of their implementation in the constitution, general elections have been used to perpetuate power in both countries. The two countries have differences in implementing general elections due to historical differences and national problems. The most distinguishing matter that can be learned is how the Philippines implemented the general election through the existence of a plebiscite that makes the people more involved in the state process. In addition, information technology in the Philippines' general election has also made the process of conducting the general elections effective and efficient. This study is still limited to analyzing general elections at the national level, especially the presidential and vice-presidential elections. Further research on the general elections of legislature members and regional heads can add to our understanding of the comparative implementation of the two countries.
{"title":"REVIEWING THE CONSTITUTIONAL RIGHTS ON DEMOCRATIC ELECTION PRACTICES IN INDONESIA AND THE PHILIPPINES","authors":"Janvencius Valerius Nifowa'azaro Dachi, R. Shahrullah, Elza Syarief","doi":"10.24002/jep.v39i1.6229","DOIUrl":"https://doi.org/10.24002/jep.v39i1.6229","url":null,"abstract":"One form of democracy's embodiment is through general elections. The Philippines and Indonesia are two countries in the Southeast Asian region that are currently still developing their democratic practices through general elections. This study aims to compare how the general elections have been enforced in the two countries to obtain input on the implementation of democracy in Indonesia. The normative legal research design was used in this study, and data collection was carried out through a literature study. The functional comparative approach compares the implementation of general elections in the two countries. The data collected by literature searches were analyzed using a qualitative juridical analysis method. The analysis shows that although the two countries have declared themselves democracies and the general election is the form of their implementation in the constitution, general elections have been used to perpetuate power in both countries. The two countries have differences in implementing general elections due to historical differences and national problems. The most distinguishing matter that can be learned is how the Philippines implemented the general election through the existence of a plebiscite that makes the people more involved in the state process. In addition, information technology in the Philippines' general election has also made the process of conducting the general elections effective and efficient. This study is still limited to analyzing general elections at the national level, especially the presidential and vice-presidential elections. Further research on the general elections of legislature members and regional heads can add to our understanding of the comparative implementation of the two countries.","PeriodicalId":52874,"journal":{"name":"Justitia Et Pax","volume":"83 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140695777","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In international law, an independent and sovereign state has an obligation to respect another state such as not intervening, respecting territorial integrity, and resolving international disputes peacefully. The conflict between Russia and Ukraine attracted world attention since 2014 when Russia annexed the territory of Crimea, Ukraine which made a referendum and resulted in Crimea joining Russia. In 2022, the relations between Russia and Ukraine had problem because Russia did military operations by detonating bombs on several cities in Ukraine. The action raised questions about how the general principles of international law works that every independent state should respect. This paper examines the conflict relations between Russia and Ukraine against the general principles of international law based on the 1945 UN Charter. This paper used qualitative research with normative juridical research methods. The result of this paper is that the military operation by Russia does not reflect the implementation and respect of Article 2 paragraph (4) and Article 2 paragraph (7) of the UN Charter regarding the prohibition of using armed violence and acting to intervene in other countries. Also, Russia's actions unfulfilled the self-defense criteria specified by Article 51 of the UN Charter.
{"title":"PELANGGARAN PRINSIP-PRINSIP PIAGAM PBB 1945 DALAM SERANGAN MILITER RUSIA KE WILAYAH UKRAINA","authors":"Anna Anindita, Angela Merici, Stephanie Liestia","doi":"10.24002/jep.v39i1.7088","DOIUrl":"https://doi.org/10.24002/jep.v39i1.7088","url":null,"abstract":"In international law, an independent and sovereign state has an obligation to respect another state such as not intervening, respecting territorial integrity, and resolving international disputes peacefully. The conflict between Russia and Ukraine attracted world attention since 2014 when Russia annexed the territory of Crimea, Ukraine which made a referendum and resulted in Crimea joining Russia. In 2022, the relations between Russia and Ukraine had problem because Russia did military operations by detonating bombs on several cities in Ukraine. The action raised questions about how the general principles of international law works that every independent state should respect. This paper examines the conflict relations between Russia and Ukraine against the general principles of international law based on the 1945 UN Charter. This paper used qualitative research with normative juridical research methods. The result of this paper is that the military operation by Russia does not reflect the implementation and respect of Article 2 paragraph (4) and Article 2 paragraph (7) of the UN Charter regarding the prohibition of using armed violence and acting to intervene in other countries. Also, Russia's actions unfulfilled the self-defense criteria specified by Article 51 of the UN Charter.","PeriodicalId":52874,"journal":{"name":"Justitia Et Pax","volume":"330 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140698227","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In terms of investing in a country, one of the considerations of investors is related to the risk of disputes. This consideration is crucial, considering that the main goal of investors investing in a country is to make a profit. Based on these facts, a legal issue was found regarding what Indonesian legal instruments were formed to provide legal protection to foreign investors from the risk of disputes and how Arbitration as an Investment Dispute Resolution Forum provides legal protection to investors from the risk of disputes. The purpose of this research is to find out Indonesian legal instruments related to legal protection for foreign investors from the risk of disputes, and to find out the efficiency and effectiveness of arbitration as an investment dispute resolution forum in providing legal protection for foreign investors from the risk of disputes. This research uses normative juridical research methods. The conclusion of this study is that there are several juridical factors underlying the statement that arbitration arrangements in Indonesia have not been able to fully provide legal protection for foreign investors, including Indonesia is considered a country that is not friendly to foreign arbitral awards because it is considered easy to refuse the implementation of foreign arbitral awards with applying the principles of the State Act Doctrine which places State Owned Enterprise as a state that cannot be sued, the problem of choosing a forum due to arrangements that tend to favor one party, and there is a legal vacuum related to the time period for registering international arbitration. Arbitration in providing legal protection for foreign investors from the risk of foreign investment disputes in Indonesia by prioritizing the main matters in the form of the superiority of arbitration in the system, implementation, effectiveness and efficiency of the arbitration process, and the final arbitral award.
{"title":"PERLINDUNGAN INVESTOR ASING DARI RISIKO SENGKETA MELALUI ARBITRASE SEBAGAI FORUM PENYELESAIAN SENGKETA INVESTASI","authors":"Eunike Pebria Purba","doi":"10.24002/jep.v38i2.6599","DOIUrl":"https://doi.org/10.24002/jep.v38i2.6599","url":null,"abstract":"In terms of investing in a country, one of the considerations of investors is related to the risk of disputes. This consideration is crucial, considering that the main goal of investors investing in a country is to make a profit. Based on these facts, a legal issue was found regarding what Indonesian legal instruments were formed to provide legal protection to foreign investors from the risk of disputes and how Arbitration as an Investment Dispute Resolution Forum provides legal protection to investors from the risk of disputes. The purpose of this research is to find out Indonesian legal instruments related to legal protection for foreign investors from the risk of disputes, and to find out the efficiency and effectiveness of arbitration as an investment dispute resolution forum in providing legal protection for foreign investors from the risk of disputes. This research uses normative juridical research methods. The conclusion of this study is that there are several juridical factors underlying the statement that arbitration arrangements in Indonesia have not been able to fully provide legal protection for foreign investors, including Indonesia is considered a country that is not friendly to foreign arbitral awards because it is considered easy to refuse the implementation of foreign arbitral awards with applying the principles of the State Act Doctrine which places State Owned Enterprise as a state that cannot be sued, the problem of choosing a forum due to arrangements that tend to favor one party, and there is a legal vacuum related to the time period for registering international arbitration. Arbitration in providing legal protection for foreign investors from the risk of foreign investment disputes in Indonesia by prioritizing the main matters in the form of the superiority of arbitration in the system, implementation, effectiveness and efficiency of the arbitration process, and the final arbitral award.","PeriodicalId":52874,"journal":{"name":"Justitia Et Pax","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48190463","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}
Maria Kunti Atika Putri, Abdul Munif Ashri, Ch. Idzan Falaqi Harmer, Dita Gusnawati, Weldayanti Saputri
The settlement of gross violations of human rights cases in Indonesia has faced various obstacles, including the absence of a public state apology. In fact, according to International human rights normative standards, an apology is categorized as an effective form of reparation. By a socio-legal research approach, this article examines the significance of a public state apology from the perspective of victimology and International human rights standards, as well as the victim's perspective. Interviews were also conducted with victims of the gross violations of human rights in the 1965-1966 tragedy and the tragedy of Semanggi I in 1998. This article argues that according to the perspective of radical victimology, an apology is a form of state intervention in the form of symbolic recovery. Based on Boven/Bassiouni Principles, the public state apology is acknowledged as 'Satisfaction' for the victim. Even though some victims tend to reject the public state apology, this article argues that this symbolic reparation should be the first step in fulfilling reparations for victims. An apology should also be accompanied by other forms of reparation, such as the prosecution of the perpetrators of gross human rights violations at the Human Rights Court.
{"title":"PERMINTAAN MAAF NEGARA ATAS PELANGGARAN HAM YANG BERAT SEBAGAI BENTUK REPARASI KORBAN","authors":"Maria Kunti Atika Putri, Abdul Munif Ashri, Ch. Idzan Falaqi Harmer, Dita Gusnawati, Weldayanti Saputri","doi":"10.24002/jep.v38i2.6586","DOIUrl":"https://doi.org/10.24002/jep.v38i2.6586","url":null,"abstract":"The settlement of gross violations of human rights cases in Indonesia has faced various obstacles, including the absence of a public state apology. In fact, according to International human rights normative standards, an apology is categorized as an effective form of reparation. By a socio-legal research approach, this article examines the significance of a public state apology from the perspective of victimology and International human rights standards, as well as the victim's perspective. Interviews were also conducted with victims of the gross violations of human rights in the 1965-1966 tragedy and the tragedy of Semanggi I in 1998. This article argues that according to the perspective of radical victimology, an apology is a form of state intervention in the form of symbolic recovery. Based on Boven/Bassiouni Principles, the public state apology is acknowledged as 'Satisfaction' for the victim. Even though some victims tend to reject the public state apology, this article argues that this symbolic reparation should be the first step in fulfilling reparations for victims. An apology should also be accompanied by other forms of reparation, such as the prosecution of the perpetrators of gross human rights violations at the Human Rights Court.","PeriodicalId":52874,"journal":{"name":"Justitia Et Pax","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43215876","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}
{"title":"Subject Index Volume 38 Nomor 2 Desember 2022","authors":"Justitia et Pax","doi":"10.24002/jep.v38i2.7319","DOIUrl":"https://doi.org/10.24002/jep.v38i2.7319","url":null,"abstract":"Subject Index Volume 38 Nomor 2 Desember 2022","PeriodicalId":52874,"journal":{"name":"Justitia Et Pax","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42010909","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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