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Journal : Jurnal Smart Hukum (JSH)

Study of the 30% Quota of Women's Representation Against the Number of Legislative Members of the People's Representative Council of the Republic of Indonesia Anggriani, Jum; Indah Harlina; Annisa Rahma
Jurnal Smart Hukum (JSH) Vol. 2 No. 2 (2024): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v2i2.1312

Abstract

This study examines the phenomenon of the 30% quota of women's representation in the Indonesian House of Representatives (DPR RI) legislative institution not being met even though affirmative policies have been implemented for almost two decades. Using a normative legal method supported by a legislative, conceptual, comparative, and historical approach, this study identifies various factors inhibiting women's representation. The results of the study show that women's representation in the Indonesian House of Representatives (DPR RI) still reached 20.52% in the 2019 Election, not meeting the 30% target. The identified structural obstacles include the subordination of women in politics, the practice of money politics, a gender-biased recruitment system, and a deficit in women's political-social capital. The study recommends a comprehensive strategy in the form of gender mainstreaming in policy, women's capacity building, gender-just legal reform, political culture transformation, and a multi-stakeholder approach. This study contributes to the development of studies on gender politics and women's political representation, while also providing input for policy makers to improve regulations on women's representation in the general election system.
Legal Construction Analysis for Ship Chartering in Indonesia: Comparison of BIMCO Agreement and Indonesian Maritime Transport Agreement Chandra, Capt.; Anggriani, Jum; Andreas Sapta Finady
Jurnal Smart Hukum (JSH) Vol. 3 No. 3 (2025): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i3.1347

Abstract

This research analyzes the comparative legal construction between BIMCO standard agreements and Indonesian Sea Transportation Agreements in the context of ship chartering. Using a normative juridical method with statutory, conceptual, and comparative approaches, the research identifies fundamental divergences in the orientation and objectives of these legal instruments. BIMCO standards demonstrate a commercial global orientation with transaction flexibility and efficiency, while Indonesian Sea Transportation Agreements maintain a regulatory-national orientation focusing on domestic maritime policies. This disparity creates harmonization challenges for cross-border shipping operators, increasing transaction costs and dispute resolution complexity. This research formulates an ideal legal construction model through a selective harmonization approach with three pillars: commercial adaptability, protection of national interests, and legal certainty. Implementing this model has the potential to strengthen the competitiveness of Indonesia's shipping industry in the global maritime ecosystem and support the Global Maritime Fulcrum vision.
Criminal Act of Embezzlement of Funds and Positions In Foundations for Personal Interests Muhammad Chaerul Ichsan; Anggriani, Jum
Jurnal Smart Hukum (JSH) Vol. 4 No. 1 (2025): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v4i1.1382

Abstract

This study examines the phenomenon of criminal acts of fund embezzlement and position abuse in foundations as non-profit organizations in Indonesia. Using normative juridical method with descriptive-analytical approach, the research analyzes characteristics and modus operandi of embezzlement, causative factors, effectiveness of criminal law enforcement, impacts on foundation operations and public trust, and comprehensive prevention strategies. Research findings indicate that inclusion in foundations is generally committed by individuals with direct access to financial management through financial report manipulation, aid fund diversion, and procurement abuse. Main causative factors include weak corporate governance, paternalistic culture, and minimal internal-external oversight. Implementation of criminal law provisions faces obstacles of regulatory overlap, evidence complexity, and verdict inconsistency. Systemic impacts in the form of public trust erosion hinder the philanthropic sector as a whole. Prevention strategies require governance structure improvement, law enforcement coordination enhancement, and technology utilization for fraud detection in maintaining the integrity of Indonesia's philanthropic sector
Study of the 30% Quota of Women's Representation Against the Number of Legislative Members of the People's Representative Council of the Republic of Indonesia Anggriani, Jum; Indah Harlina; Annisa Rahma
Jurnal Smart Hukum (JSH) Vol. 2 No. 2 (2024): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v2i2.1312

Abstract

This study examines the phenomenon of the 30% quota of women's representation in the Indonesian House of Representatives (DPR RI) legislative institution not being met even though affirmative policies have been implemented for almost two decades. Using a normative legal method supported by a legislative, conceptual, comparative, and historical approach, this study identifies various factors inhibiting women's representation. The results of the study show that women's representation in the Indonesian House of Representatives (DPR RI) still reached 20.52% in the 2019 Election, not meeting the 30% target. The identified structural obstacles include the subordination of women in politics, the practice of money politics, a gender-biased recruitment system, and a deficit in women's political-social capital. The study recommends a comprehensive strategy in the form of gender mainstreaming in policy, women's capacity building, gender-just legal reform, political culture transformation, and a multi-stakeholder approach. This study contributes to the development of studies on gender politics and women's political representation, while also providing input for policy makers to improve regulations on women's representation in the general election system.