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All Journal Yustisia Journal of Indonesian Legal Studies Lex Scientia Law Review
Jaco Barkhuizen
Department of Criminology and Criminal Justice, University of Limpopo
Law, Crime, Criminology & Criminal Justice Social Sciences

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Modern Slavery in Fishing Industry: the Need to Strengthen Law Enforcement and International Cooperation Aryuni Yuliantiningsih; Jaco Barkhuizen
Yustisia Vol 10, No 1: April 2021
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v10i1.46511

Abstract

The global fishing industry supports the livelihoods of millions, however, it adversely allows the occurrence of crimes throughout the value chain, especially modern slavery.  This research aims to examine the current existence of slavery in the fishing industry for the state to determine the best way to deal with its repeated occurrence. Studies show that slavery still exists due to the vulnerability of the fishing sector. These include the prolonged timeframe onboard which prevents the crew from leaving the vessel, poor working conditions, the long-hours associated with the catching process, lack of access to authorities, use of foreign flags to create barriers to the law enforcement, use of migrant labour lacking representation and the lack of governmental oversight or support. This research states that it is important to combat modern slavery by strengthening law enforcement, policy, and international cooperation between States, by involving the source, flag, coastal, port, trade and market States based on international and national law
Reconstruction of Chemical Castration Sanctions Implementation Based on the Medical Ethics Code (Comparison with Russia and South Korea) Rian Saputra; M Zaid; Pujiyono Suwadi; Jaco Barkhuizen; Tiara Tiolince
Lex Scientia Law Review Vol 7 No 1 (2023): Law, Justice, and Development: Theories and Practices in Indonesia and Global Con
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v7i1.64143

Abstract

This study aims to reconstruct the ideal setting in the implementation of chemical castration sanctions in Indonesia based on the medical code of ethics. This research is a normative legal research, the approach used is a case approach, comparative approach and a conceptual approach, with a literature study research technique. The granting of the authority to execute chemical castration by a doctor is contrary to the principles contained in the medical code of ethics, including: First, it contradicts the principle of autonomy at the level of implementation of the principle of Autonomy which is applied in the form of the principle of "informed consent" where in carrying out his duties a doctor must first choose approval from the family and the patient for all actions that result in a decrease in the patient's physical endurance. Second, it is against the principle of non-maleficence, which prohibits actions that harm or worsen the patient's condition. Third, it is against the principle of beneficence. The rules regarding the implementation of chemical castration for perpetrators of sexual crimes against children can actually be followed by referring to the provisions for the implementation of chemical castration in Russia and South Korea, both countries whose medical profession will only serve as an advisory opinion for law enforcers who have been given special competency training.
Under-Legislation in Electronic Trials and Renewing Criminal Law Enforcement in Indonesia (Comparison with United States) Rian Saputra; Josef Purwadi Setiodjati; Jaco Barkhuizen
Journal of Indonesian Legal Studies Vol 8 No 1 (2023): Contemporary Issues on Indonesian Legal Studies: Capturing Law and Development in
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i1.67632

Abstract

This paper aims to propose the implementation of electronic justice within the Indonesian criminal justice system, focusing on the reform of criminal law enforcement. The research methodology employed is normative legal research. The findings of the study reveal two key points. Firstly, it is crucial to regulate digital-based criminal justice at the legislative level, particularly through the reform of the Code of Criminal Procedure (KUHAP). The current implementation of electronic criminal trials presents challenges, and the legal foundation for conducting such trials is established by external entities rather than the legislative institution. Therefore, incorporating regulations on electronic criminal trials in future KUHAP reforms is vital to facilitate criminal law reform. As it stands, electronic criminal trials lack specific legal regulations. Secondly, the existing KUHAP does not sufficiently address the issue of technological advancements, as it cannot anticipate rapid changes in technology. Consequently, a legal framework should be established to address this issue. This framework should ensure the availability of modern technological devices and necessary resources to facilitate digital-based criminal justice. Additionally, it should introduce laws governing electronic courts and initiate legal reforms through the revision of Law Number 8 of 1981 concerning Criminal Procedure Law (KUHAP). To provide an example, the United States has regulated electronic criminal proceedings through the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), which implements fiscal stimulus policies and allows for video conferencing in certain cases. Such regulations can serve as a reference point for the implementation of electronic criminal proceedings in Indonesia.
Co-Authors Josef Purwadi Setiodjati M Zaid M Zaid Pujiyono Suwadi Rian Saputra Tiara Tiolince Yuliatiningsih, Aryuni