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All Journal Journal of Indonesian Legal Studies JHCLS Journal of Sustainable Development and Regulatory Issues
Danendra, Ravi
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Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Public Health

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The Compliance of Regional Autonomy with State Administrative Court Decisions Baranyanan, Soeleman Djaiz; Firmandayu, Nilam; Danendra, Ravi
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 2 No. 1 (2024): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v2i1.25

Abstract

Divergent mechanisms governed by several laws in force in Indonesia continue to impede the implementation of decisions rendered by state administrative courts. As a result, issues about the nature of government autonomy, legal consciousness, leadership structures, and political determination arise in the context of regional autonomy. The employed research methodology is normative juridical research, which analyzes articles in the law on state administrative courts about the execution of state administrative court institutions' decisions to identify and formulate legal arguments. This study demonstrates discrepancies in how decisions are executed by state administrative tribunals in Indonesia and several challenges associated with their practical implementation. In order to address these challenges, four conceptual frameworks of executive authority have been developed to establish a mechanism for implementing administrative court rulings in a globalized environment. The evolution model of legal instruments for implementing decisions of state administrative courts, the defense model for various types of implementation such decisions, the law enforcement model for executing state administrative courts, and the execution model as a question vacate.
The Principle of Proportionality in Anti-Pornography Law: Comparing Several Countries Sulistyanta, Sulistyanta; Handayani, I Gusti Ayu Ketut Rachmi; Karjoko, Lego; Danendra, Ravi
Journal of Indonesian Legal Studies Vol 8 No 2 (2023): Contemporary Issues on Law, Development, and Justice: Indonesian Context and Beyo
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i2.70002

Abstract

The imperative role of anti-pornography laws in shielding the younger generation from the pervasive influence of explicit content is indisputable. Nevertheless, the critique leveled against the formulation of criminal sanctions within the ambit of anti-pornography legislation necessitates a rigorous examination of the principle of proportionality. To elucidate this issue, juridical normative research is paramount, with a particular focus on comparative analyses involving Law No. 44 of 2008 and corresponding anti-pornography statutes in Sweden, the Philippines, Malaysia, and India. The findings derived from this comparative investigation reveal several key insights. Firstly, a nuanced exploration exposes both commonalities and disparities in the patterns underpinning the formulation of anti-pornography statutes across these jurisdictions. Secondly, while there is alignment between the gravity of the offense and the severity of criminal sanctions, a notable deficiency surfaces in the failure to distinguish between first-time offenders and recidivists, thereby falling short of the fundamental principle of proportionality. Furthermore, a critical observation underscores the absence of rehabilitative measures for adult offenders grappling with pornography addiction, presenting a lacuna in the current legislative framework. Lastly, the relative nature of anti-pornography formulations from diverse nations underscores a compelling correlation between the legal stance on criminality and the prevailing moral ethos of the respective societies. This comprehensive analysis serves as a clarion call for a recalibration of anti-pornography legislation, aligning it more closely with the principle of proportionality and accounting for the nuanced considerations in rehabilitating offenders.
Judges' Philosophical Orientation in Resolving Anti-SLAPP Disputes Rachmawaty, Rachmawaty; Hartiwiningsih, Hartiwiningsih; Rachmi Handayani, I Gusti Ayu Ketut; Danendra, Ravi
Journal of Human Rights, Culture and Legal System Vol. 4 No. 1 (2024): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v4i1.215

Abstract

The Anti-SLAPP mechanism in Indonesia still needs to fulfill the four fundamental dimensions of effective Anti-SLAPP. Deciding on Anti-SLAPP in an interim decision is a progressive step because it is a translation of the Anti-SLAPP mechanism in the form of a case dismissal procedure as early as possible. Because no complete rules govern it, this creates confusion for judges. This research aims to analyze the philosophical orientation of judges in resolving disputes for anti-strategic lawsuits against public participation fighters based on Pancasila justice. This research is normative legal research employing two approaches—a philosophical approach and a conceptual approach—and collects and obtains data through direct interviews with judges. This research shows that the Judge's decision in resolving anti-SLAPP disputes based on Pancasila values still needs to be stronger. So, development that damages the environment and benefits the government and corporations will continue. Based on these facts, it is known that the regulation and implementation of anti-SLAPP in Indonesia still do not provide justice for all elements of it because one of the causes is the limitations of the existing anti-SLAPP rules in Indonesia. The factors that caused the Judge's decision not to be based on Pancasila justice can be seen from the lack of legal protection for environmental fighters in Indonesia. Then, the Judge's philosophical orientation in resolving Anti-SLAPP disputes with Pancasila justice refers to the five principles of Pancasila.
Co-Authors Baranyanan, Soeleman Djaiz Firmandayu, Nilam Hartiwiningsih Hartiwiningsih I Gusti Ayu Ketut Rachmi Handayani I Gusti Ayu Ketut Rachmi Handayani Lego Karjoko Rachmawaty Rachmawaty, Rachmawaty Sulistyanta Sulistyanta