A Comprehensive Analysis of Scientific Perspectives on Indonesian Law and Policy Reform, Utilizing a More Accessible and Appealing Language.
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Legal Review of the use of Personal Data in the Development of Artificial Intelligence Under the Personal Data Protection Law
Penggunaan data pribadi oleh platform media sosial untuk pelatihan kecerdasan buatan (AI) menghadirkan tantangan signifikan dalam melindungi hak privasi pengguna. Praktik semacam itu seringkali dilakukan tanpa transparansi yang memadai, sehingga menimbulkan risiko penyalahgunaan data yang melanggar prinsip-prinsip yang tercantum dalam Undang-Undang No.27 Tahun 2022 tentang Perlindungan Data Pribadi ("Undang-Undang Perlindungan Data Pribadi" atau "UU PDP"). UU PDP menetapkan bahwa pengumpulan dan penggunaan data pribadi harus dilakukan secara sah, adil, transparan, dan berdasarkan persetujuan eksplisit dari subjek data. Namun, berbagai praktik, seperti "persetujuan paksa" dan pemrosesan data untuk tujuan yang tidak disetujui, sering terjadi di platform media sosial. Sistem AI seringkali kompleks dan memiliki algoritma yang menyulitkan pemahaman tentang bagaimana data pengguna dikumpulkan, diproses, dan digunakan. Kurangnya transparansi ini dapat mengakibatkan pelanggaran privasi yang tidak terdeteksi dan mempersulit pengguna untuk meminta pertanggungjawaban pengembang platform media sosial atas pengembangan sistem AI yang menggunakan data pribadi pengguna. Oleh karena itu, perlu ditetapkan suatu klasifikasi perlindungan data pribadi untuk menjaga kepentingan individu pengguna platform media sosial. The use of personal data by social media platforms for the training of artificial intelligence (AI) presents significant challenges in safeguarding users' privacy rights. Such practices are often carried out without adequate transparency, creating risks of data misuse that violate the principles set forth in Law No. 27 of 2022 on the Protection of Personal Data ("Personal Data Protection Act" or "PDP Act"). The PDP Act stipulates that the collection and use of personal data must be conducted lawfully, fairly, transparently, and based on the explicit consent of the data subject. However, various practices, such as "forced consent" and the processing of data for unapproved purposes, frequently occur on social media platforms. AI systems are often complex and feature algorithms that make it difficult to understand how users' data is collected, processed, and utilised. This lack of transparency can result in undetected privacy breaches and complicate users' ability to hold the developers of scsial media platforms accountable for the development of AI systems using users' personal data. Therefore, it is necessary to establish a classification of personal data protection to safeguard the interests of individual users of social media platforms.
Artificial Intelligence Development in Social Media
Indonesian Treason Laws: a Barrier to Criminal Law Reform
Treason laws have been criticized because the unclear scope of "treason" led to imminent human rights violations. Despite the global abolition of treason laws, Indonesia continues to retain treason laws. The current Criminal Code (KUHP) that became law in 1946 was a legacy of the Dutch colonization, regulating treason, or "makar," as a criminal offense. The new Criminal Code, which is scheduled for enforcement in 2026, still has treason provisions. These new provisions become ironic, considering that the new Criminal Code was supposed to be an effort to decolonize Indonesian criminal law and be more respectful of human rights. Moreover, the Information and Electronic Transaction (ITE Law) brings vague laws that criminalize dissenting online expression against the government. This paper analyzes how Indonesian criminal laws do not align with the Indonesian Constitution and the spirit of criminal law reform. The existing treason laws show abuse of power and fail to liberate Indonesian laws from colonial values. Qualitative research will be conducted in this research through an analytical legal approach to statutes and cases. This paper will proceed in several parts: First, it analyzes the current legislation on treason and how those laws could stifle human rights obligations in international law. Second, it analyzes cases of treason investigated offline and online, intending to reveal the law's abuse and the potential harm to freedom of expression. Finally, it describes how Indonesian law should comply with the international human rights framework through the obligations to respect, protect, and fulfill.
Money Politics Practices Implicating the Disqualification of All Candidate Pairs in Regional Head Elections(Case Study: Constitutional Court Decision Number 313/Phpu.Bup-Xxiii/2025)
Putusan Mahkamah Konstitusi (MK) dalam perkara Perselisihan Hasil Pemilihan Bupati dan Wakil Bupati Barito Utara Tahun 2024 telah menimbulkan diskursus hukum yang signifikan karena menjatuhkan sanksi diskualifikasi kepada dua pasangan calon secara bersamaan, meskipun tidak dimohonkan secara eksplisit dalam petitum permohonan. Penelitian ini bertujuan untuk: pertama, menganalisis bagaimana pengaturan politik uang di dalam Undang-Undang tentang Pilkada; dan kedua, bagaimana substansi pertimbangan hukum dan amar putusan hakim MK dalam Putusan Nomor 313/PHPU.BUP-XXIII/2025, terutama dalam konteks pelanggaran politik uang yang terstruktur, sistematis, dan masif, serta menilai pendekatan penafsiran konstitusi yang digunakan MK, sekaligus meninjau ketentuan larangan politik uang sebagaimana diatur dalam Undang-Undang No. 10 Tahun 2016. Penelitian ini menggunakan tipe penelitian yuridis normatif, dengan pendekatan peraturan perundang-undangan, konseptual, dan kasus. Hasil penelitian menunjukkan bahwa: pertama, ketentuan larangan politik uang telah jelas diatur dalam Undang-Undang No. 10 Tahun 2016 yang menegaskan urgensi menjaga integritas demokrasi elektoral melalui norma hukum yang tegas dan berdaya paksa. Dan kedua, pertimbangan hakim MK dalam Putusan Nomor 313/PHPU.BUP-XXIII/2025 telah tepat yang menegaskan posisi MK sebagai penjaga integritas elektoral yang tidak sekadar memeriksa kuantitas suara, melainkan menjamin kualitas demokrasi berdasarkan prinsip keadilan substantif. Dengan mendiskualifikasi kedua pasangan calon tanpa petitum eksplisit dari pemohon, MK menerapkan penafsiran progresif terhadap konstitusi dan hukum pemilu, untuk menjawab ancaman serius terhadap asas pemilu yang jujur dan adil akibat praktik politik uang yang terstruktur, sistematis, dan masif. The Constitutional Court’s decision in the case of the 2024 North Barito Regent and Vice Regent Election Result Dispute has sparked significant legal discourse due to its imposition of simultaneous disqualification sanctions on two candidate pairs, despite such a sanction not being explicitly requested in the petitioner’s petitum. This study aims, first, to analyze the regulation of vote-buying (money politics) under the Law on Regional Head Elections; and second, to examine the legal reasoning and ruling of the Constitutional Court in Decision No. 313/PHPU.BUP-XXIII/2025, particularly in the context of violations involving structured, systematic, and massive (TSM) money politics. The study also seeks to assess the constitutional interpretation approach adopted by the Court, while reviewing the vote-buying prohibition stipulated in Law No. 10 of 2016. This research employs a normative juridical method, using statutory, conceptual, and case-based approaches. The findings reveal that, first, the prohibition against vote-buying is clearly regulated in Law No. 10 of 2016, which emphasizes the urgency of safeguarding electoral democratic integrity through firm and enforceable legal norms. Second, the Constitutional Court’s reasoning in Decision No. 313/PHPU.BUP-XXIII/2025 is appropriate, reaffirming the Court’s role as the guardian of electoral integrity—concerned not merely with the quantity of votes, but with ensuring the quality of democracy based on the principle of substantive justice. By disqualifying both candidate pairs without an explicit petitum from the petitioner, the Court employed a progressive interpretation of the Constitution and election law to respond to the grave threat posed to the principles of fair and honest elections by structured, systematic, and massive vote-buying practices.
Pilkada Bupati dan Wakil Bupati Barito Utara Tahun 2024
2024 North Barito Regent and Vice Regent Election
Corporate Accountability for State Financial Losses in State-Owned Enterprises
Penelitian ini bertujuan untuk menganalisis pertanggungjawaban korporasi atas kerugian keuangan negara yang disebabkan oleh kelalaian dalam pengelolaan BUMN. Metode yang digunakan dalam penelitian ini adalah penelitian hukum normatif, dengan pendekatan perundang-undangan dan konseptual. Penelitian ini mengkaji peraturan-peraturan yang mengatur pengelolaan BUMN serta menelaah penerapan pertanggungjawaban hukum terhadap pengelola BUMN yang menyebabkan kerugian keuangan negara. Hasil penelitian menunjukkan bahwa meskipun terdapat regulasi yang mengatur pertanggungjawaban pengelola BUMN, penerapan hukum yang tegas terhadap pengelola yang menyebabkan kerugian negara masih belum optimal. Pengelolaan yang tidak transparan, pengawasan yang lemah, dan kebijakan pemerintah yang tidak konsisten menjadi faktor penyebab utama terjadinya kerugian tersebut. Penelitian ini merekomendasikan perlunya penguatan sistem pengawasan, penerapan manajemen risiko yang lebih baik, serta penegakan hukum yang lebih tegas terhadap pengelola BUMN yang menyebabkan kerugian negara. The Constitutional Court’s decision in the case of the 2024 North Barito Regent and Vice Regent Election Result This study aims to analyze the corporate responsibility for the financial losses to the state caused by negligence in managing SOEs. The method used in this research is normative legal research, with legislative and conceptual approaches. This study examines the regulations governing SOE management and explores the implementation of legal responsibility for SOE managers who cause financial losses to the state. The research findings indicate that despite existing regulations on corporate responsibility, the enforcement of strict legal measures against managers causing state financial losses remains insufficient. Lack of transparency, weak supervision, and inconsistent government policies are the main factors leading to such losses. This study recommends strengthening the supervision system, applying better risk management, and enforcing stricter legal measures against SOE managers responsible for financial losses to the state.
Reconstruction of Divorce Evidence on the Ground of Adultery
Perkembangan dalam teknologi medis yang mampu untuk memastikan hubungan darah antara seorang anak dan ayah melalui tes DNA telah menuntut kontekstualisasi hukum pembuktian dalam sengketa hukum keluarga. Dalam hal cerai dengan alasan zina karena suami mengingkari anak yang dilahirkan oleh istrinya, Pasal 87 ayat (1) Undang-Undang Nomor 7 Tahun 1989 tentang Peradilan Agama masih menggunakan sumpah li’an sebagai alat bukti. Artikel ini mengkaji hukum pembuktian dalam kasus yang demikian dengan menggunakan pendekatan hermeneutika. Artikel ini dimulai dengan pembahasan tentang li’an, baik di dalam Al-Qur’an, fikih, maupun peraturan perundang-undangan. Selanjutnya artikel membahas tentang kegunaan tes DNA dan pembuktian cerai dengan alasan zina berdasarkan ketentuan hukum acara yang berlaku. Terakhir, artikel akan ditutup dengan kesimpulan dan rekomendasi atas persoalan yang telah dikaji. Sebagai kesimpulan, pada saat ini, tes DNA yang memiliki tingkat akurasi yang tinggi untuk mendeteksi hubungan darah seharusnya menjadi alat bukti primer dalam perkara cerai dengan alasan zina yang diajukan oleh suami untuk menggantikan alat bukti sumpah li’an. Melalui cara yang demikian, perlindungan terhadap perempuan dan anak dapat ditingkatkan, dan penyelesaian sengketa dengan sumpah li’an dapat dihindari. Development in medical technology that is able to ascertain blood relationship between a child and father through DNA paternity testing has demanded contextualization of law of evidence in family law disputes. In cases of divorce due to adultery (li’an) where the husband denies paternity, Article 87 (1) of Law Number 7 of 1989 on Religious Judiciary still relies on oath as evidence. This article attempts to study law of evidence in such case using hermeneutical approach. It begins with a discussion of li'an, in the Koran, Islamic jurisprudence, and statutory regulations. Furthermore, it discusses the usefulness of DNA testing and evidence of divorce on the ground of adultery based on the provisions of procedural law. Last, it provides conclusions and recommendations on the issue. As conclusion, the DNA paternity testing that has high level of accuracy in detecting blood relationship should be the primary evidence to settle divorce case on the ground of adultery accusation filed by husband that replaces the evidence of oath. In this way, the protection of woman and child can be improved, and the dispute settlement using oath of li’an might be avoided.
divorce on the ground of adultery (li’an)
Perlindungan Hukum Bagi Tenaga Kerja Dan Keberlanjutan Usaha Perseroan Perorangan
In the Reformation era-along with the age of globalisation and rapid technological change, business, industries and corporations have been growing massively across sectors in Indonesia, including privately- held companies. The accelerated expansion of privately-held companies' establishment, evidently, is driven by the enabling ecosystem for private sectors to start their business. One of the push factors is the national Job Creation Law regarding the privately-held companies chapter, which constitutes a set of regulations that facilitates private investors and private owners to either start alone or with a partner(s). The law itself aims to support labour force and employment growth, where it consequently decreases unemployment and benefits economic growth. Nonetheless, without transparency and accountability as well as rights and legal protection given to their labours, the growing start-ups only widen the gap between the rich and the poor.
Permasalahan Dalam Penerapan Prinsip Kehati-Hatian Pemberian Kredit BPR
Rural Bank (BPR)Ã‚Â plays a role in small communities to provide credit. However, in reality there are still various violations in the provision of this credit, one of which is not implementing the precautionary principle. The problems examined in this article concern how the principle of prudence is implemented in lending to BPRs and how the application of the principle of prudence is violated in BPRs. The aim of the study was to find out about the implementation of lending between Rumeksa Arta through the Arta Mara Cooperative and KSU Harta. It can be concluded that BPR exists to assist the people in extending credit while taking into account the principle of prudence.
Efektivitas Dewan Pengawas Dalam Lembaga Komisi Pemberantasan Korupsi (KPK)
The Corruption Eradication Commission (KPK) is a state institution formed with broad authority in accordance with corruption crimes which are classified as extraordinary and systematic crimes. The existence of the KPK does not necessarily exist without going through the design of a similar institution. Law Number 19 of 2019 concerning the Corruption Eradication Commission has changed the initial design of the KPK. One of the implications is the presence of the Supervisory Board as an internal supervisor. The purpose of this writing is to describe the constitutional design of the Supervisory Board and the effectiveness of the Supervisory Board by using a normative legal research method with the application of historical, law, conceptual, and case approach. The results found that the KPK Supervisory Board was no more effective than the previous KPK oversight.
Addressing Regulatory Overlapping In Recognizing And Protecting Customary Communities
Customary communitiesÃ¢â‚¬â„¢ recognition and protection are still at a standstill. Various regulations were developed, but they contradicted one another, not only at the higher level of the regulatory hierarchy but also at the lower ones including at the sectoral level. This situation increases legal uncertainty for customary communities, who are constantly overshadowed by the inclusion of external interests, particularly businesses, in their customary lands. On the one hand, indigenous communities are open to the entry of outsiders, but they also want to be recognized and protected first and foremost for their existence as well as their land. As a result, they have wiggle room and an offer to negotiate. One legal instrument that appears is the Sorong Regency Regulation (Perda) No. 10/2017 which attempts to regulate and establish recognition as well as protection for the Moi Community in the Sorong Regency. These two regulations are regarded as a significant step forward in the protection of the community. This article attempts to study the extent to which the regulation is sufficient to protect or not by taking a qualitative and juridical normative approach to the applicable regulations and relevant conceptions. As a result, the Sorong regulation still adopts central level regulations that require administrative and substantive recognition of one customary community by the local government through a long and costly process of local legislation. Supposedly, the government must be consistent in implementing the arrangement of the delegation of customary community acknowledgment to local governments. The central government can establish guidelines for the recognition, while the local government has more autonomy to determine further arrangements.
Tinjauan Hukum Islam Terhadap Trading Forex Dalam Relasi Akad Syirkah
Foreign exchange trading (forex trading) is an activity of buying and selling or exchanging between two or more different currencies (currency) in order to profit from fluctuations in exchange prices. Forex trading has become one of the commodities of the public in making investments from the last four to five years. However, the development of forex trading has become problematic in Indonesian society. Various views on forex trading consider it a legal activity and vice versa there are also those who think it is haram. Therefore, using the juridical-normative research method, the author examines the views of Islamic law on forex trading in order to determine the system of cooperation between forex trading and online contracts and also to determine the relationship between syirkah contracts and forex trading with online contracts.
Tinjauan Hukum Islam : Penguburan Dua Jenazah Non Covid-19 Dalam Satu Liang Lahat
On this article, we will focus on reviewing the concept of emergency and the phenomenon of the burial of two non Covid-19 bodies in one grave with the perspective of Islamic law. In achieving the objectives to be discussed, the authors agree to use a juridical-normative research method that is studied through a conceptual approach and a historical approach. As for the nature of this research is qualitative so that produce scientific and meaningful reseacrh. Source of data used to establish this reasearch are secondary data sources which include various written materials such as al-QurÃ¢â‚¬â„¢an, historical books, Islamic studies books, theorem from the Sunnah and Hadits, and interpretations of several scholars, as well as literature from various references relevant to this research. Then the data obtained were analyzed using descriptive qualitative methods so that the phenomena discussed in this study can produce a systematic and accurate explanation. From the results of the research that has been carried out, the authors found that the concept of emergency is a condition that can give rise to the permissibility of Muslims to perform an act whose law has been forbidden to become permissible as long as it is within the limits that have also been determined in Islamic Law. Other than that, the reality is that the phenomenon of the burial of two non Covid-19 bodies into one of the graves during the pandemic which is considered an emergency category cannot be fullly justified according to Islamic Law. Becauce on basically, Islamic Law has stipulate that it is forbidden for Muslims to bury several bodies into one grave. Moreover, for non Covid-19 corpses, it is necessary to reconsider and adjust to the nature of the emergency itself. Considering the current state of the pandemic, it can be said to be in a normal state as evidenced by the condition of the TPU, which is already considered to be sufficient if one wants to bury two bodies with one grave each.
Standar Ganda Penyidik Dalam Menerapkan Diskresi Bagi Pelaku Tindak Pidana Pornografi Melalui Internet
Article 21 Paragraph (4) letter A of Law No. 8/1981 concerning Criminal Procedure Law (KUHAP) regulates that detention can be applied only to a suspect or defendant who has committed a criminal act and/or has attempted as well as given aid in a said criminal act in case that criminal act is liable to a prison term of five years or more. However, based on the investigator's authority, the investigator usually decides beyond the provisions of the prevailing laws and regulations, especially in the case of cyber pornography. The authority that leads to differences in handling similar cases is known as Discretion. Regard on that condition, understanding the rationale behind the investigator's decision needs to be carefully examined from the beginning of the decision-making process in using the discretionary authority. To understand the investigator's decision-making process, research paradigms attempt to elaborate in more detail, refine, and clearly. Research paradigms will reveal the differences in the discretion that are affected by the rationale of the investigator through the level of ontology, epistemology, and methodology. This research uses qualitative research tradition with normative research methods and a comparative legal approach. The findings will explain the investigator's understanding of discretion and the paradigm that overshadows their rationale.
Menyoal Penegakan Kode Etik Profesi Kepolisian Negara Republik Indonesia
The high number of violations against the law, which is also a violation against the Indonesian National Police Professional Code of Ethics (Kode Etik Profesi Polri (KEPP), committed by members of the Indonesian National Police (Polri) can be seen in relation to the concept of democratic policing that has not been implemented properly. In fact, within the framework of democratic policing, ethics is one of the important instruments related to other instruments to create legitimacy for the police. Ethics enforcement also needs to be seen as an internal control and accountability mechanism which ensures that every action taken by the police is under applicable law and is binding on it. The rules regarding ethics within the Indonesian National Police have been formulated in Regulation of the Chief of the Indonesian Police Number 14 of 2011 (Perkap Nomor 14 Tahun 2011) and Regulation of the Chief of the Indonesian Police Number 19 of 2012 (Perkap Nomor 19 Tahun 2012), which regulate obligations, prohibitions, sanctions, and the mechanism for enforcement of the KEPP. However, in the enforcement of KEPP there are still obstacles and loopholes, includes regulation, which make the enforcement of KEPP unaccountable. The research method used in this study is qualitative by using an advocacy and participatory worldview. Therefore, this study concludes that the Indonesian National Police need to reformulate the rules governing KEPP and enforce them as well as change the style of policing into democratic policing that is oriented towards understanding ethics, law, and respect for human rights, thus democratic policing can be realized.
Indonesian National Police Professional Code of Ethics
The PeopleÃ¢â‚¬â„¢s Right To Clean Water As A Derivation of Human Rights in The Universal Declaration of Human Rights
Abstract Once the vital role of water, especially clean water in human life makes human access to water so important. Therefore, the right to clean water is an important part of human rights and is a bridge to other human rights. The Universal Declaration of Human Rights provides guidance on how human rights are respected, protected and fulfilled by countries in the world. The right to water actually contains freedoms and ownership rights. The freedom referred to here includes guarantees for access to safe drinking water and sanitation, non-discriminatory, as well as guarantees of no interference with access to available drinking water supplies. Meanwhile, ownership rights include rights to water supply systems and management that provide equal opportunities for people to enjoy water, the right to access safe drinking water in sufficient quantities as part of maintaining life and health, access to safe drinking water and sanitation in detention, as well as the right to participate in policy formulation at the national and local levels related to water issues. The research method used in this study is juridical normative. From this research it can be concluded that Indonesia which has ratified the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights as a further elaboration of the Universal Declaration of Human Rights should recognize the right to safe water and clean as a human right. Prevention of clean water crisis is an important thing that must be a priority, especially after the promulgation of Act Number 17 of 2019 concerning Water Resources. Keywords: the right to water, people's right to clean water, universal declaration of human rights, water crisis.
Local Wisdom as the Reason for the Eradication of Crimes in the Case of the Land Clearing Crime by Burning
There are differences or ambiguities in the application of Article 69 paragraph (2) UUPPLH concerning local wisdom in clearing land by burning. By analyzing the judgesÃ¢â‚¬â„¢ considerations in cases that were decided in the 2010-2020 period and combining interviews and document studies, this study tries to clarify the debates or differences in the application and its position in the criminal law system. This study reveals that, there are judges who use local wisdom as the basis for acquitting the defendant and some who use it as a condition that reduces the sentence. Furthermore, the provisions that should only be binding on Article 69 paragraph (1) letter h of the UUPPLH are actually used in indictments other than the said article. The difference in the application of local wisdom in the courts occurs because there is no further explanation about the intent of paying attention to local wisdom in their respective regions so that in court the provisions of Article 69 paragraph (2) UUPPLH are interpreted differently by judges. In addition, the provisions of Article 69 paragraph (2) UUPPLH are actually more accurately positioned as the reason for eliminating criminals in the context of not being against material law. Therefore, the local wisdom should be changed to be in line with the RKUHP so that later it can apply in general, as a form of recognition of customary law or the living law in society.
Multiple Land Certificate Dispute Settlement And Its Form of Legal Certification
The 1945 Constitution of the Republic of Indonesia has provided legal guarantees and protections related to the rights of Indonesian citizens, including the rights of citizens to obtain, own, and enjoy property rights to land. Along with the times, community needs for land often lead to conflicts or disputes, both within individuals and within a group. Land dispute cases arise because of the recognition of ownership rights and control over the disputed land from each of the parties concerned. This then led to the emergence of dual land certificate ownership. In addition, issues relating to measurement and mapping as well as the provision of large-scale maps which are one of the requirements in the implementation of land registration should also not be underestimated and must be carried out carefully in order to ensure legal certainty in the field of control and ownership of land. Based on this background, the problem in this analysis is how legal certainty is for holders of dual land certificates and how to resolve disputes over dual land certificates. The method used in this paper is a normative juridical method. The data sources used are primary data sources and secondary data sources. In this study, it was concluded that in a dual land certificate dispute, preventive and repressive legal protection efforts could be carried out. In preventive legal protection, the community is given an opportunity to file an objection or submit an opinion before a government decision gets a definitive form. Meanwhile, in repressive legal protection, efforts are made to resolve disputes that have occurred. The factors that cause this dual land certificate dispute include public ignorance, weak rules regarding land registration, negligence, and the existence of a land mafia. Settlement of land disputes can be done through litigation and non-litigation. In non-litigation, the settlement can be done through negotiation, conciliation, mediation, and arbitration.
Observing the Philosophical Conception in Juridical Construction of Labour Strikes to Fulfill the Labour Rights in Indonesia
This research aims to examine the realization of the philosophical conception of labour strikes in the juridical construction of labour strikes in Indonesia as an effort to fulfill the labour rights. For this purpose, the research was conducted by using normative research which used two approaches, that were philosophical approach and the statue approach. A Philosophical approach was used to gain a complete understanding of the concept of labour strike. In another hand, the statute approach was used to read the juridical construction of labour strike in Indonesia. The statute approach was supported by primary legal materials and secondary legal materials. The data obtained were analyzed qualitatively and then described descriptively. This research shows that the philosophical conception of labour strikes fails to manifest in the juridical construction of labour strikes in Indonesia. This failure ultimately leads to the unfulfillment of labour rights. The failure of this manifest is a realization by the granting of big control to employers in negotiations and also the limitation of granting the wages for labour only when the strike is carried out with normative demands. Therefore, the author stated that is necessary to reconstruct the juridical building for labour strikes in Indonesia in order to fulfill the labour rights.
Hak atas Kebenaran Bagi Korban Penghilangan Orang secara Paksa Periode 1997-1998
Enforced disappearances have been committed in Indonesia in the 1997-1998 years, following the decline of the New Order regime. 13 victims disappeared until this day. For victimsÃ¢â‚¬â„¢ families, the absence of Ã¢â‚¬Ëœfactual truthÃ¢â‚¬â„¢ about his/her beloved fate and whereabouts is gross anguish and sorrow. Under international human rights law, the concept of the Ã¢â‚¬Ëœright to the truthÃ¢â‚¬â„¢ has been recognized, in parallel with the progressive development of international human rights law itself. With the normative research through the conceptual and comparative approach, this article explains the general concept of the right to the truth. It is indicated that the right to the truth is an absolute right entitled to the families of the victims. This article concluded that the state obligation to exercise the right to the truth shall be attained through an investigation, whether in the judicial or non-judicial means, for establishing the fate of the disappeared and disclose every fact of Ã¢â‚¬ËœtruthÃ¢â‚¬â„¢ concerning enforced disappearances case.
Perlindungan Hukum Atas Foto atau Video Fotografer yang Diunggah di Instagram: Tinjauan Yuridis Terhadap Lisensi yang Diatur pada Syarat Penggunaan Instagram
This article aims to identify the legal protection related to copyright for photos or videos by a photographer that is uploaded to their instagram account and reused by instagram for promotional purposes. This latest provision is governed by the Terms of Use that requires user to provide instagram with license over photos or videos that is royalty-free, transferable, sub-licesinsable, to use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of usersÃ¢â‚¬â„¢ content. This research uses a normative judicial method with qualitative approach. The materials studied from primary resources (laws and regulations as well as, instagram Terms of Use) and secondary ones (books, journals, media publications) with data collection techniques through literature and document studies on relevant sources. The research found that the non-exclusive license given to Instagram by users covers commercial activities which should be compensated in the for of royalty under the Copyright Law. However, InstagramÃ¢â‚¬â„¢s Terms of Use negate this compensation.
Urgensi Regulasi Khusus Tentang Perusahaan Rintisan (Startup) Dalam Rangka Pengembangan Ekosistem Perusahaan Rintisan di Indonesia
Startup companies are companies that newly entering or are still in the development or research phase to continue to find markets and develop their products. In the midst of a rapidly competitive industry, it is important to identify a company ecosystem to improve business performance by finding resources, connecting and building strengths. One aspect of the startup ecosystem is regulation, which functions to regulate the company's performance. The absence of specific regulations regarding startup companies is a challenge to the company's resilience. This study aims to determine the challenges of start-ups and the urgency of establishing special regulations regarding startups in the context of developing the startup ecosystem in Indonesia. The type of the study conducted is literature research which is directed to collect, examine and record as well as analysing the materials. This type of research is descriptive research with a qualitative approach. The results of the study show that in the midst of rapid industrial growth and high prospects, startup companies in Indonesia face challenges that often cause startups to fail. There is an urgency to form a special regulation regarding startup companies in a more concrete and complete manner in the context of developing the startup ecosystem in Indonesia.
Kedudukan Hak Cipta Sebagai Hak Kebendaan dan Eksekusi Jaminan Fidusia atas Hak Cipta
This paper examines whether or not copyright(s) can be used as collateral in a credit facility. To answer this question, there are two major issues to consider. First, we must determine whether copyright(s) is a property right, and if so, whether copyright(s) can be used as collateral. So, what mechanism can we use to ensure copyright(s)? Our research shows that copyright(s) are property rights that can be used as collateral in a credit facility via fiduciary guarantee; Second, because we established that copyright(s) are property rights that can be used as collateral in a credit facility via fiduciary guarantee. The next step is to determine how we can secure and execute copyright(s) as collateral. Our research shows that the main procedure can be found in Law Number 42 of 1999 on Fiduciary and Law Number 24 of 2019 on Creative Economy.
Ketidakpastian Status Lahan dan Potensi Deforestasi Dalam Wacana Pembangunan Bandar Antariksa Biak
The era of Joko Widodo's presidency administration is known for its rapid economic breakthroughs. In December 2020, the Indonesian government was said to have offered Biak Island as a spaceport or cosmodrome to the founder of Space Exploration Technologies Corporation (SpaceX), Elon Musk (The Guardian, 2021). This paper provides significant arguments based on the normative legal research method which refers to Indonesian land and forestry legal regulations and directives to build a more contextual analysis and combining the anthropology (ethnohistory) studies to discover cultural-environmental nexus inside Biak customary law community through examining historical anthropological literature. The problem stems from the uncertainty of land status. Land disputes have also led to the unclear status of the above-ground forest. Alternative dispute resolution approach should be prioritized to reach a mutually beneficial agreement Ã¢â‚¬â€œ due to it involves indigenous and environmental rights all at once. Spaceport development discourse shall endeavor embodiment of socio-cultural and environmental balanced alignments, besides economic that was always solicitous about.
One Nation Under Virtual Office: Kontrol Sosial, Aktivisme Viral, dan Patroli Internet
This paper examines the systematic consequences of a virtual police presence on viral activism. The trend of a viral phenomenon on social media works as a manifestation of citizensÃ¢â‚¬â„¢ social control by creating mass pressure and humiliation as its social sanction addressed to deviations or carelessness of public officials. The authorities tend to equate the social sanction method as defamation or hate speech, so a punitive approach is to handle viral cases. Even though the context is citizen participation to exercise social control, uploading viral information is ultimately not free from legal risks. Its treatment is different from the activity of the press, protected by immunity. The presence of cyber patrols increasingly makes netizen activism recede because the virtual policeÃ¢â‚¬â„¢s authority to reprimand and instruct content removal will hinder the delivery of viral information, which is intended to garner public control. Even though there are slices in the aspect of Ã¢â‚¬Ëœpublic interest, in viral activism with journalism activities, there are differences in treatment between journalistic and non-journalistic products. An alternative policy that can be taken is to expand the protection of the press regime to include viral activism to avoid potential criminalization.
Pertanggungjawaban Fungsi Representasi Anggota Dewan Perwakilan Rakyat
During 2019-2020, there were many problematic laws. One thing that is in the spotlight is decision making based on the opinions of factions, not those of the individuals. So that the public does not see the views of every member of the DPR. In several cases, it was recorded that DPR members had different opinions from the factions, but had 'relented' because the factions had decided to have this view. This became a question because it seemed as if DPR members were "powerless" within the faction. In fact, the public has the right to hold members of the DPR accountable individually because they have been elected individually, not choosing a political party, as a risk to Indonesia's open proportional electoral system. The public also did not have access to the closed meetings to make decisions who were taken by the factions, thus arousing public suspicion about what happened in the decision making - which later became the opinions of mini factions - at the meeting. The faction design itself is of particular concern, because it is in a party system and political culture in Indonesia are still elitist, thus influencing decisions about a problem in the deliberation of the bill.
Implikasi Sistem Satu Atap Terhadap Pembentukan Legislasi Bidang Hukum dan Peradilan
Dari berbagai problematika yang masih dihadapi oleh pengadilan pasca satu atap, salah satu masalah yang kerap terabaikan dalam berbagai studi dan kritisi mengenai sistem satu atap, adalah isu legislasi khususnya terkait dengan peradilan itu sendiri. Pasca satu atap di satu sisi MA semakin giat mengeluarkan berbagai peraturan internal untuk memperlancar pelaksanaan tugasnya. Sementara di sisi lain Pemerintah dan DPR terlihat lambat merespon berbagai kebutuhan legislasi hukum, baik yang terkait langsung dengan pengadilan maupun yang tidak. Hal ini juga yang menjadi alasan MA mengeluarkan berbagai peraturan internal, yaitu untuk mengisi kekosongan hukum. Fenomena ini menimbulkan pertanyaan: Bagaimana sistem checks and balances melihat menguatnya peran pengadilan dalam pembuatan legislasi? Bagaimana pengadilan merepresentasikan kepentingannya dalam penyusunan legislasi? Bagaimana dampak sistem satu atap terhadap penyusunan legislasi bidang huku dan peradilan? Tulisan ini bermaksud untuk menelusuri jawaban atas pertanyaan-pertanyaan tersebut.
Pembatasan Kewenangan Penerbitan Perppu Oleh Lembaga Peradilan: Perbandingan Indonesia dan Kolombia
Sejak 2005, Mahkamah Konstitusi RI telah terlibat dalam upaya untuk membatasi kewenangan penerbitan Peraturan Pemerintah Pengganti Undang-undang (Perppu). Namun, keterlibatan itu masih dipandang. Melalui perbandingan dengan Kolombia, artikel ini bermaksud memahami bagaimana dan sejauhmana lembaga peradilan dapat berperan dalam membatasi kewenangan yang serupa. Berdasarkan hasil perbandingan, kedepan, Mahkamah Konstitusi RI dapat mengadopsi tiga komponen pertimbangan yang diterapkan Mahkamah Konstitusi Kolombia dalam menguji kewenangan serupa, pertama menilai apakah Perppu disusun pada keadaan yang benar-benar genting, menilai proporsionalitas tindakan atau substansi yang diatur dalam Perppu terhadap kegentingan yang terjadi, dan menilai ada atau tidaknya pelanggaran batas waktu keberlakuan Perppu.
Kesesuaian Afirmasi Perempuan Dalam Pemilu Serentak
Pilihan bentuk afirmasi perempuan dalam undang-undang pemilu tidak sesuai dengan cita imbang gender di parlemen dan cita perbaikan pemerintahan presidensial Indonesia. Dari perbandingan implementasi ragam sistem pemilu menyimpulkan, sistem proporsional terbuka tidak pernah menghasilkan perempuan DPR lebih dari 30% dan berkontribusi menghasilkan sistem kepartaian multipartai ekstrim. Tulisan ini membuktikan, tidak semua pilihan dalam variabel sistem pemilu sesuai dengan tujuan afirmasi perempuan dalam pemilu serentak. Tulisan ini menjelaskan, sejumlah variabel sistem pemilu yang sesuai untuk menghasilkan keterwakilan perempuan lebih dari 30% sekaligus menghasilkan presiden terpilih dengan koalisi mayoritas parlemen multipartai moderat.
Menyoal Pengaturan Pidana dan Pemidanaan Dalam Rancangan Undang-Undang Penghapusan Kekerasan Seksual
The study of sexual violence regulation has been widely discussed. However, this study tends to focuses more on comparisons between laws and regulations. Likewise, the ongoing debate on the formation of the Elimination of Sexual Violence Bill (RUU P-KS) has led to the pros and cons of its ratification, while the determination of punishment and the basis for criminalization has been stirred away from the debate. This study discusses the discourse and process of criminalization as well as the proportionality of penalties in the P-KS Bill that was rarely debated. The methods used in this research are carried out by analyzing the P-KS Bill and its academic manuscripts, and conducting interviews with subjects that reject or support the bill. Douglas Husak's theory of criminalization and Andrew von Hirsch's principle of penal proportionality to underlines the basis of this study. Our findings show that there are three views that have developed in the community regarding the P-KS Bill. In addition, our analysis of two of the nine criminalized acts shows that the criminalization process is theoretically problematic. Likewise, for the determination of the threat of punishment and its proportionality, our analysis shows that the punishment model adopted by the P-KS Bill obscures the limits of seriousness of the criminal act.
Kedudukan dan Keabsahan Hasil Pemeriksaan Poligraf Dalam Sistem Pembuktian Pidana di Indonesia: Tinjauan Prinsip Peradilan yang Adil (Fair Trial)
This thesis mainly discuss two problems. First, where is the position of the polygraph examination as evidence in Indonesian criminal justice system? Second, how admissible the polygraph examination as evidence in cirminal trial from the perspectives of fair trial principles? By combining the literature research method with interview, this thesis aims to study the position and admissibility of the polygraph examination as evidence in Indonesian criminal justice system, reviewed from the fair trial principles. This thesis concludes that the position of the polygraph examination as evidence in Indonesian criminal justice system would be categorized as real or physical evidence, which could further developed as a document, an expert witness, or an indication. Aside from that, the admissibility of polygraph is quite important to discuss. Until now, the practices of polygraph examination in Indonesia relies heavily on the qualification and expertise of the examiners, which have not been standardized. In addition, the procedures and techniques of the polygraph examination demands a substantial interpretation to the changes in the defendantÃ¢â‚¬â„¢s body reaction as well as the answer of the examinee, , the law enforcement, especially the judges, should apply the fair trial principles as a main basis of analysis when considering the polygraph examination as a scientific evidence in the criminal trial. It should scrutinize whether the examination was voluntary, the defendant gives his/her consent to be examined, the availability of legal council during the examination, the examinee could freely answer the questions as well as getting a complete information about the procedures, techniques, and all possible impacts of the examination. If these principles are note applied, the polygraph examination will become invalid as evidence in the courts.
Format Kabinet Presidensial Multipartai Dalam Tata Hubungan dan Pengelolaan Pemerintahan Daerah
In this paper explained that there is a relationship between the cabinet / ministry and local government. First, the relationship between the central and regional governments in Indonesia can be categorized according to The Agency Model. Those who have a role are the Minister of the Interior, the Minister of Finance, the Minister of Law and Human Rights. Second, the formation of the cabinet must consider the relationship of authority, financial relations, public services, utilization of natural resources and other resources and functional relations that occur between the central government and regional governments. Third, the formation and arrangement of the cabinet / ministry must consider or base on the division of government affairs. Fourth, minister figures / figures who understand the dynamics of regional government are needed, able to build synergy, cooperation and collaboration between the central government and regional government. Fifth, the formation of the cabinet accommodates the zakken cabinet (expert cabinet / professional cabinet). Sixth, the formation of the cabinet must accommodate regional representation. Seventh, the merger / merger of the ministries is done based on the same scope of duties, principal, functions, authority.