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CHEMICAL CASTRATION FROM CRIMINAL LAW AND HUMAN RIGHTS Dina Silvia Puteri; Denita Cahyanti Wahono; Rr. Jannatul Firdaus; Steven Sukamdani
Cepalo Vol 4 No 1 (2020)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v4no1.1910

Chemical castration is an additional penalty for child sexual abuse stipulated under Protection of Children Law, which states that anyone who intentionally commits sexual violence against children in any way and with certain criminal elements is subject to additional penalties in the form of chemical castration. As an additional penalty, chemical castration is excessive and deprives the right to reproduction. The criminal application also explicitly overrides state protection of human rights based on international conventions such as the ICCPR and UNCAT 1948 which has been ratified by Indonesia Human Rights Law. The implementation of chemical castration in Indonesia may able to reduce the number of habitual crimes or recidivists on sexual offender still raise the pros and cons. On the other hand, the effectiveness of this method in preventing these crimes is still debatable. The Indonesian Doctors Association (IDI) rejects the assignment of the execution because the additional penalty execution by the doctor is in contrary to the Indonesian Medical Ethics Code. This study aims to find solutions to conflict of law that occur in the application of chemical castration in the perspective of criminal law and human rights.

Making Indonesia Sustainable: Shaping the Law to Reduce Digital Carbon Footprint Puteri, Dina Silvia
Indonesian Journal of Advocacy and Legal Services Vol 6 No 1 (2024): Advocacy in the Global Perspective: Social, Legal, and Political Insights
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v6i1.78500

Indonesia needs to reduce the carbon footprint from the The Paris Agreement result, a legally binding international treaty on climate change, which entered into force on 4 November 2016. One of the outputs from the Paris Agreement is that the country needs to submit their national climate action plans, known as nationally determined contributions (NDCs). To achieve a sustainable future, Indonesia has Enhanced National Determined Contribution (ENDC) and committed to reducing its carbon emissions by 41 percent by 2030. This commitment is included in the Indonesia Emas 2045 (Golden Indonesia 2045) Program. However, the goals are still focusing on the physical carbon footprint. In the Indonesian Net Zero Emission Goals which needs to be achieved in 2060 the five steps mentioned are increasing the utilization of new renewable energy, reduction of fossil energy, the use of electric vehicles in the transportation sector, increasing electricity use in households and industry, and finally the utilization of Carbon Capture and Storage (CCS). Indonesia also needs to focus on reducing the digital carbon footprint as it currently increases with the usage of digital technologies. The research questions discussed in this paper are how Indonesia currently regulates digital carbon footprint in Indonesia, and what can Indonesia do to reduce digital carbon footprint. This research aims to analyze the current condition and current regulation on digital carbon footprint in Indonesia, and how Indonesian government can learn from other countries to reduce the digital carbon footprint in Indonesia. Methodologies used in this research are normative approach and comparative approach. The output of this research is a regulation to reduce digital carbon footprint in Indonesia, and to regulate the business actors to create ESG reports on a company's sustainability.

Indonesia Paradox on Plastic Waste Import in International Policy and Social Movement Perspective Idris, Siti Hafsyah; Puteri, Dina Silvia; Wahono, Denita Cahyanti; Firdaus, Rr. Jannatul; Pratomo, Nathanael Bayu Ajie
Indonesian Journal of Advocacy and Legal Services Vol 6 No 1 (2024): Advocacy in the Global Perspective: Social, Legal, and Political Insights
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v6i1.78522

Indonesia, recognized as the second largest marine polluter globally, faces a significant environmental crisis despite stringent international policies and vigorous social movements advocating for sustainability. According to data from INAPLAS and BPS, Indonesia generates 64 million tons of plastic waste annually, with 3.2 million tons ending up in the sea. The waste management system in Indonesia is rudimentary, involving basic stages of collection, transportation, and disposal, with processing occurring only at the final destination. Amidst this waste crisis, Indonesia continues to import plastic waste from countries such as the United States, Germany, Australia, and Hong Kong, exacerbating the environmental and health hazards. This paper explores the paradox of plastic waste import in Indonesia, focusing on how international policies, including the Basel Convention and its recent amendments, intersect with local regulations and their enforcement. It also examines the role of social movements in combating plastic waste imports and advocating for environmental sustainability. The central problem addressed is the regulatory and social polemic surrounding waste importation in Indonesia, considering the social, political, and legal dimensions. Employing a conceptual and statute approach, the paper provides a comprehensive analysis of the waste import regulation issues linked to social problems within Indonesian society. It argues that the complexity of international trade, economic incentives, and insufficient regulation enforcement contribute to the paradoxical situation where policies and advocacy efforts seem misaligned with outcomes. The findings offer social and juridical recommendations for the Indonesian government and society to address the waste import dilemma effectively. By aligning policies with environmental goals and leveraging social movements, Indonesia can drive significant change towards sustainable waste management practices.

The Indonesian Government’s Dilemma in Repatriating Former ISIS Members: Balancing Advocacy, Citizenship Status, and Human Rights Puteri, Dina Silvia; Wahono, Denita Cahyanti; Firdaus, Rr. Jannatul; Nte, Ngboawaji Daniel; Windiahsari, Windiahsari
Indonesian Journal of Advocacy and Legal Services Vol 6 No 1 (2024): Advocacy in the Global Perspective: Social, Legal, and Political Insights
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v6i1.78523

Indonesian Government confronts a multifaceted challenge in repatriating former ISIS members, necessitating a delicate equilibrium between advocacy, citizenship status, and human rights principles. International conventions uphold the fundamental right to nationality, articulated in Article 15 of the Universal Declaration of Human Rights, yet over 500 former ISIS members from Indonesia remain stranded in Syria, having illegally departed and destroyed their official documentation. While several countries in Southeast Asia and Europe have undertaken repatriation efforts under rigorous conditions, Indonesia faces a quandary. These individuals do not qualify as People with Social Welfare Problems under domestic law, complicating their reintegration. This classification divergence conflicts with international obligations requiring nations to accept and restore nationality to their citizens, notwithstanding their affiliation with extremist groups not recognized as refugees by the UNHCR. This paper delves into the legal and humanitarian imperatives compelling Indonesia to address this issue. It examines international frameworks and national legislation to argue for the necessity of repatriation, while also exploring the preventive and repressive measures Indonesia employs. Balancing the imperative to safeguard human rights with national security concerns presents a formidable task, demanding a nuanced approach that ensures compliance with international standards while safeguarding domestic stability and security.

COMPARATIVE ANALYSIS OF CBDC AND TAX LAW ENFORCEMENT IN SELECTED COUNTRIES Ramadhani, Ressita; Farisy, Zakka; Puteri, Dina Silvia
Journal of Central Banking Law and Institutions Vol. 4 No. 1 (2025)
Publisher : Bank Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21098/jcli.v4i1.275

This study explores the prospective Central Bank Digital Currency (CBDC) transactions whilst implementing the Automatic Exchange of Information (AEOI) procedures as part of tax law enforcement in Indonesia. The study seeks to address the challenges and opportunities associated with AEOI within a CBDC framework, considering their potential impact on financial transparency, data privacy, and regulatory compliance. Through normative research, comprehensively reviewing relevant literature and policy analysis, the study identifies best practices from other countries, including ASEAN, East Asia, Oceania, The Bahamas, and Sweden, and it aims to develop recommendations for designing an efficient and secure AEOI framework for CBDC transactions in Indonesia. The findings of this study are derived from lessons learnt from selected countries regarding AEOI practices: Australia, Brunei Darussalam, China, Japan, South Korea, Malaysia, New Zealand, and Singapore. Additionally, Sweden and the Bahamas provide aspirational benchmarks for CBDC implementation while simultaneously implementing AEOI. Recommendations are also generated to improve Indonesia’s CBDC and AEOI implementation progress.

Freedom of Contract Illusion in the Employment Agreement Puteri, Dina Silvia; Syahwal
Media Iuris Vol. 8 No. 2 (2025): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v8i2.71236

The presence of freedom of contract presupposes that the parties to the agreement are free to choose the agreement’s terms, structure, participation, and several other freedoms. As a type of contractual relationship, employment contracts are thought to include some degree of contractual freedom. This study attempts to answer the claim that employment contracts include freedom of contract by addressing the question of whether such a claim is supported by the premise of such freedom. The questions highlighted in this article will be investigated by reviewing the rules and legislation pertaining to employment contracts under Indonesian labor law, within the theoretical framework of critical realism. Critical realism provides a lens through which the underlying structures, mechanisms, and social conditions shaping employment relations can be uncovered, even when these are not directly observable. It allows researchers to move beyond surface-level legal formalities and examine the real constraints that limit workers’ choices and autonomy. Through this approach, the legal and social dimensions of employment contracts are assessed not only as written agreements but also as instruments shaped by power relations and economic dependence. According to research, employment contracts lack the justification of true contractual freedom. In practice, workers are not given the freedom to plan, decide, and select choices according to their preferences. Because of the employment contract, the worker becomes a party who is dependent on the employer, both personally and financially, particularly in terms of the wages determined and provided by the employer.

Optimizing Digital Technology and Institutional Reform to Elevate the International Reputation of Universities in Indonesia and Malaysia Irawaty, Irawaty; Muhtada, Dani; Puteri, Dina Silvia; Abu, Roziya; Ningsih, Ayup Suran
Journal of Law and Legal Reform Vol. 6 No. 2 (2025): April, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i2.21074

Indonesian universities are increasingly expected to enhance their international reputation, particularly in comparison to Malaysian institutions, which have achieved higher global rankings. Key indicators of international recognition include publications, citations, and research. This study aims to compare the use of digital media by universities in Indonesia and Malaysia in supporting these indicators. The research will address three main questions: the role of government regulations and facilities in both countries in shaping university reputation, how universities utilize their official websites or portals, and the similarities and differences in digital strategies. A qualitative comparative approach will be applied, using primary data from regulations and university portals, along with secondary sources such as interviews, literature, and media. Relevant regulations include Indonesia’s Higher Education Law and Malaysia’s Education Act 1996. This study focuses on the digital presence of Universitas Negeri Semarang (Indonesia) and Universiti Teknologi MARA (UiTM) Malaysia. While both institutions utilize digital platforms, UiTM has shown more advancements in e-learning and digitizing administrative processes. In contrast, Universitas Negeri Semarang continues to improve its digital content to enhance accessibility and interactivity. By analyzing these approaches, this study seeks to highlight best practices and areas for improvement, ultimately contributing to the broader effort of strengthening Indonesian universities’ global standing.

Green Constitution dalam Konstitusi Indonesia dan Pemaknaannya oleh Mahkamah Konstitusi Puteri, Dina Silvia
Jurnal Kajian Konstitusi Vol. 5 No. 1 (2025): JURNAL KAJIAN KONSTITUSI
Publisher : Department of Constitutional Law, Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/j.kk.v5i1.53699

Krisis iklim global mengakibatkan negara-negara, termasuk Indonesia, untuk memperkuat komitmennya terhadap prinsip keberlanjutan. Dalam konteks hukum tata negara, hal ini menciptakan dorongan terhadap penerapan green constitution sebagai perwujudan perlindungan terhadap hak konstitusional atas lingkungan hidup yang sehat. Penelitian ini bertujuan untuk menelusuri sejauh mana konstitusi Indonesia dan Mahkamah Konstitusi sebagai penafsir konstitusi memaknai prinsip keberlanjutan, serta bagaimana peraturan turunannya mencerminkan prinsip tersebut. Menggunakan pendekatan normatif dengan metode analisis peraturan perundang-undangan dan pendekatan konseptual, penelitian ini menemukan bahwa meskipun prinsip keberlanjutan tercermin dalam beberapa pasal konstitusi seperti Pasal 28H(1), 33(3), dan 33(4) UUD NRI 1945, serta sejumlah putusan Mahkamah Konstitusi, pelaksanaannya dalam peraturan turunan seperti UU Cipta Kerja masih belum sepenuhnya selaras dengan prinsip tersebut. Mahkamah Konstitusi telah menunjukkan komitmen keberlanjutan melalui sejumlah putusan strategis, namun pembentukan peraturan perundang-undangan masih kerap mengesampingkan aspek keberlanjutan. Penelitian ini merekomendasikan penerapan prinsip keberlanjutan dalam konstitusi pada putusan Mahkamah Konstitusi dan peraturan perundang-undangan turunannya. Kata Kunci: Green constitution; Keberlanjutan; Mahkamah Konstitusi; Pembangunan Berkelanjutan; Triple Bottom Line. The global climate crisis has forced countries, including Indonesia, to strengthen their commitment to the principle of sustainability. In the context of constitutional law, this has created an urge for the implementation of a green constitution as a manifestation of protection for constitutional rights to a healthy environment. This study aims to explore the extent to which the Indonesian constitution and the Constitutional Court as the interpreter of the constitution interpret the principle of sustainability, and how its derivative regulations reflect this principle. Using a normative approach with the method of analyzing laws and regulations and a conceptual approach, this study found that although the principle of sustainability is reflected in several articles of the constitution such as Articles 28H(1), 33(3), and 33(4) of the 1945 Constitution of the Republic of Indonesia, as well as a number of decisions of the Constitutional Court, its implementation in derivative regulations such as the Job Creation Law is still not fully in line with this principle. This study recommends the application of the principle of sustainability in the constitution in the decisions of the Constitutional Court and its derivative laws and regulations. Keywords: Green constitution; Constitutional Court; Sustainable Development; Sustainability; Triple Bottom Line.

Making Indonesia Sustainable: Shaping the Law to Reduce Digital Carbon Footprint Puteri, Dina Silvia
Indonesian Journal of Advocacy and Legal Services Vol. 6 No. 1 (2024): Advocacy in the Global Perspective: Social, Legal, and Political Insights
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v6i1.30561

In alignment with the commitments made under the Paris Agreement, Indonesia has pledged to significantly reduce its carbon emissions by 2030 as parts of its Enhanced National Determined Contribution (ENDC) within the Indonesia Emas 2045 (Golden Indonesia 2045) Program. However, while the focus has predominantly been on addressing physical carbon footprint, it’s imperative to also consider the burgeoning digital carbon footprint. As Southeast Asia, including Indonesia, faces heightened risks from climate change, exacerbated by the rapid expansion of the digital economic, the need to curb digital carbon emissions becomes increasingly urgent. This paper examines the regulatory landscape concerning digital carbon footprint in Indonesia and explores strategies to mitigate its impact. Through a combination of normative and comparative approaches, the research analyzed existing regulations and draws insights from international best practices. Key research questions include the current regulatory framework governing digital carbon footprint in Indonesia and potential measures to reduce it. The findings aim to inform policymakers and industry stakeholders on effective strategies for reducing digital carbon emissions. Ultimately, the output of this research will contribute to the development of regulations incentivizing businesses to adopt sustainable practices and produce Environmental, Social, and Governance (ESG) reports, thereby advancing Indonesia’s journey toward a greener and more sustainable future.

The Indonesian Government’s Dilemma in Repatriating Former ISIS Members: Balancing Advocacy, Citizenship Status, and Human Rights Puteri, Dina Silvia; Wahono, Denita Cahyanti; Firdaus, Rr. Jannatul; Nte, Ngboawaji Daniel; Windiahsari, Windiahsari
Indonesian Journal of Advocacy and Legal Services Vol. 6 No. 1 (2024): Advocacy in the Global Perspective: Social, Legal, and Political Insights
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v6i1.30562

Indonesian Government confronts a multifaceted challenge in repatriating former ISIS members, necessitating a delicate equilibrium between advocacy, citizenship status, and human rights principles. International conventions uphold the fundamental right to nationality, articulated in Article 15 of the Universal Declaration of Human Rights, yet over 500 former ISIS members from Indonesia remain stranded in Syria, having illegally departed and destroyed their official documentation. While several countries in Southeast Asia and Europe have undertaken repatriation efforts under rigorous conditions, Indonesia faces a quandary. These individuals do not qualify as People with Social Welfare Problems under domestic law, complicating their reintegration. This classification divergence conflicts with international obligations requiring nations to accept and restore nationality to their citizens, notwithstanding their affiliation with extremist groups not recognized as refugees by the UNHCR. This paper delves into the legal and humanitarian imperatives compelling Indonesia to address this issue. It examines international frameworks and national legislation to argue for the necessity of repatriation, while also exploring the preventive and repressive measures Indonesia employs. Balancing the imperative to safeguard human rights with national security concerns presents a formidable task, demanding a nuanced approach that ensures compliance with international standards while safeguarding domestic stability and security.

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