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All Journal Masalah-Masalah Hukum LAW REFORM Jurnal Dinamika Hukum LAW REVIEW Jurnal IUS (Kajian Hukum dan Keadilan) PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Journal of SouthEast Asian Human Rights Jurnal Bina Mulia Hukum Undang: Jurnal Hukum Pancasila and Law Review Indonesia Law Review (ILREV) Pandecta : Jurnal Penelitian Ilmu Hukum (Research Law Journal) Journal of Private and Commercial Law BANI Arbitration and Law Journal
Muhamad Dzadit Taqwa
Faculty Of Law, Universitas Indonesia
Arts Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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The Existence of Indonesian National Research and Innovation Agency: The Academic Freedom’s Perspective Muhamad Dzadit Taqwa; M. Irfan Dwi Putra; Muhamad Ali Muharam
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 9, No 1 (2022): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Recently, Indonesia has taken a policy to merge all the research institutions, which were classified as non-ministerial institutions, into the National Research and Innovation Agency (BRIN –Badan Riset dan Inovasi Nasional). The BRIN is expected to (1) reduce the research costs for the research institutions; and (2) integrate and harmonize these institutions. On the other hand, the policy has drawn constitutional law scholars' attention. Many of them who concern that BRIN intervenes academic freedom in Indonesia. The main factor that causes the concern is the subordinate relationship between the President and the BRIN that restrain researchers from their academic activities. This study aims to reveal the potential problem in the light of academic freedom. This study is of position to argue that the existence of the BRIN will not become an issue if it does not disrupt the essential aspects of academic freedom. However, the necessity and the urgency of its existence still draws questions.DOI: https://doi.org/10.22304/pjih.v9n1.a6
The Ambiguity of Norms in Article 66 (C) of Law No. 30/1999 on Arbitration And Alternative Dispute Resolution: Causes, Implications And Resolutions Muhamad Dzadit Taqwa; Tazkia Nafs Azzahra; Maria Jasmine Putri Subiyanto
Jurnal Dinamika Hukum Vol 22, No 1 (2022)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2022.22.1.3146

Abstract

According to Article 66 Letter C of Law Number 30/1999, one of the requirements for an international arbitral award to be accepted and executed in Indonesia is that it does not violate public order.  There is an issue with the norms’ ambiguity; it concerns the definition and the application of the term "public order". As a result, international arbitration awards are more likely to be overturned based on quo conditions. This paper explores the causes and the implications of this ambiguous term. Following then, various potential resolutions to the problem were provided. but removing the article might not be a wise option. Although various publications have studied the recognition and execution of foreign arbitral awards, no comprehensive examination of Article 66 Letter C of Law Number 30/1999 could be identified.Keywords: international arbitral awards, norms’ ambiguity, public order, recognition.
THE GOOD FAITH PRINCIPLE IN TRUST AND CONFIDENTIALITY ON THE ARBITRATION PROCESS Anangga W. Roosdiono; Muhamad Dzadit Taqwa; Maria Jasmine Putri Subiyanto
Law Review Volume XXII, No. 1 - July 2022
Publisher : Faculty of Law, Universitas Pelita Harapan | Lippo Village, Tangerang 15811 - Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/lr.v0i1.5254

Abstract

This article is to demonstrate that the principle of good faith (iktikad baik) manifests in the principles of trust and confidentiality. Not only is good faith one of the key causes of the emergence of a dispute, it also indeed has a great influence on the success of resolving that dispute. Despite its importance, we have found that many disputing parties do not apply this principle to resolve their disputes. Even though, this principle plays a huge part on maintaining trust and confidentiality at the same time. The purpose of this paper is to increase awareness on the application of the good faith principle, noting that there are still realities where this principle is not applied. In this paper, we first elaborate on the descriptive comprehension of all these three principles. Afterwards, we observe how good faith connects with the other two principles. Through the manifestations of good faith, we have concluded that the a quo principle acts as a key basis for the application of the other two principles. In trust, applying good faith means making the arbitration trustworthy, whereas in confidentiality, maintaining good faith keeps the information confidential to irrelevant parties. In the conclusion, we have pointed a few concrete resolutions on maintaining the principle of good faith, trust, and confidentiality. This is found by observing the two factors that cause the realities when the principle of good faith is not applied, which consists of the normative and human factor.
THE NON-APPLICATIONS OF GOOD FAITH, TRUST, AND CONFIDENTIALITY IN ARBITRATION: A STUDY OF THE ANNULMENT CASES IN INDONESIA Roosdiono, Anangga W.; Taqwa, Muhamad Dzadit; Salsabila, Mayta Ciara
Indonesia Law Review Vol. 12, No. 2
Publisher : UI Scholars Hub

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Abstract

Arbitration is a dispute resolution method that is chosen by the parties for, mainly, avoiding weaknesses of resolving disputes through the general court. It has three principles, that strongly connect to one another, to hold: good faith, trust, and confidentiality. These principles determine whether a dispute resolution through arbitration will be successful. However, in many - if not all - cases, many disputing parties still do not maintain these principles. This reality can be observed in annulment cases. Although the annulment mechanism renders a protection to the parties from the errors made by intention, this mechanism opens an opportunity for these people just to pause the execution of the arbitral awards, makes their cases become open for the public, and even puts the final-and-binding status of the awards in question. On the other hand, there are still a few cases showing that such errors, made by the tribunals or the winning parties, occurred. From these cases, this paper is to question whether the existence of annulment is the key factor of the non-applications of these three principles or the tool to prevent the non-applications. First, a descriptive comprehension of these principles is elaborated. Afterwards, the annulment mechanism, provided by Article 70 of Law 30 of 1999 on Arbitration and Alternative Dispute Resolutions, is comprehended to see its nature and practical implications. At the end, some annulment cases are dissected to answer the research question.
Inconsistency in Recognition and Enforcement of Foreign Arbitral Awards: Non-Compliance or Normative Factors? Taqwa, Muhamad Dzadit; Laksmi Prabhaswari, Amaraduhita; Putri Subiyanto, Maria Jasmine
Jurnal Bina Mulia Hukum Vol. 8 No. 2 (2024): Jurnal Bina Mulia Hukum Volume 8 Number 2 March 2024
Publisher : Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/jbmh.v8i2.1310

Abstract

Recognizing and enforcing a foreign arbitral award has been becoming a global issue. To solve such an issue, the New York Convention 1958 turns out to be an important international legal product regarding the recognition and enforcement of foreign arbitral awards worldwide. States ratifying the convention are internationally bound to respect and assist in the execution of a foreign arbitration award in their respective countries; Indonesia is one of them. It ratified the convention by Presidential Decree Number 34 of 1981. Nonetheless, there is an impression that Indonesia has not implemented the convention consistently, compared to countries that are, considered, friendly to foreign arbitration awards due to the facts that there are several foreign arbitral awards that have been rejected by the District Court. This impression, however, needs to be re-examined by understanding textually the norm formula in the 1958 New York Convention and comparing its implementation among Indonesia and several countries that are considered friendly to foreign arbitration awards. This paper finds that there is a norm formula in the 1958 New York Convention that opens space for ratification countries not to always recognize and enforce foreign arbitral awards in the executing country of the award.
Gender-Affirming Treatments to Children with Gender Dysphoria Taqwa, Muhamad Dzadit; Yuubina, Venitta; Manurung, Stephen Joy Herald
Journal of Southeast Asian Human Rights Vol 8 No 1 (2024): June 2024
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v8i1.43469

Abstract

Gender dysphoria occurs not only in adults but also in underage children. Their inner conviction that their gender identity does not align with their physical body leads to a desire to alter their physical appearance through gender-affirming treatment(s) that affirm their gender identity. Examples include genitoplasty, puberty blockers, and cross-sex hormone therapies. Proponents argue that these desires should be accommodated because everyone, including children, has the right to determine what can be done to their own bodies. Moreover, some findings suggest that such treatments can have positive psychological benefits for these children. On the other hand, opponents question whether the consent given by children who desire such treatments is legitimate. Additionally, providing irreversible medical treatments solely to affirm gender identity can have physiological and psychological impacts. Thus, instead of affirming the desires of these children, medical physicians should focus on saving them from irreversible medical actions. This discourse is conducted by considering proportionally the constitutional rights of children, which need to be balanced with ensuring their knowledge and maturity in making decisions. Keywords: Children, Gender Dysphoria, Gender-affirming Treatments, Constitutional Rights
The Future of Sex Robots in Indonesia: Law, Science, And Technology Taqwa, Muhamad Dzadit; Alfarizy, Ahmad; Lasmaida Sirait, Melinda Yunita
Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 2: August 2023 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v11i2.1200

Abstract

Sex robots are humanoid machines used to fulfill sexual desires of their users. Their presence has created debates around the world. Currently, sex robots are not sold freely in Indonesia. Although, the future of such an innovation has to be scrutinized through the Indonesian laws. From the proponent side, the existence of such robots has possibly several justifications: (1) their usage has no implications on other people other than their users; (2) the market is potentially high; and (3) the use of this object entails some psychological benefits for those in need of them. Conversely, the opposing group will potentially argue that this technology is not in line with the religious values, decency, and even the laws in Indonesia. We did not find any journals that had discussed sex robots, especially through a law, science and technology approach, so there is still a research gap. This article scrutinized sex robots through the law, science, and technology perspective in the context of Indonesia in order to bring up their impacts that may require legal involvement. In principle, the use of sex robots that are used individually does not mean that they cannot be prohibited, especially if they are against the law, violate moral values, and/or disrupt the public interests in Indonesia.
The Entry Selection System in Indonesia’s Public High Schools: Quo vadis Taqwa, Muhamad Dzadit; Putra, M. Irfan Dwi; Putra, Edmond Wangtri
LAW REFORM Vol 19, No 1 (2023)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v19i1.51552

Abstract

The selection mechanism for students seeking admission into public high schools still leaves the question: is it going to solve problems or even worsen them? The zoning, age, and affirmation bases were initially oriented to be an inclusive selection system based on the concept of equity. Conversely, these bases lead to new problems, such as (1) the disappearance of a fair selection mechanism based on merit, (2) the inability of students from low-quality educational backgrounds to compete with students from high-quality educational backgrounds, (3) the challenges experienced by teachers in adjusting the quality gap between the students selected by the merit-based system and those selected by the current system, (4) the damaged school culture, and (5) the occurrence of legal manipulation. Using the legal normative approach, the aim of the study analyzed this issue through the right and freedom of education. The result that the status quo system is not in line with the freedom of education, and even creates new problems. The government should have improved the quality of the education infrastructures such as teachers, curriculum, and school facilities, before focusing on the access to education. This mechanism becomes an unfair hurdle on their right to and freedom of education. The government to carefully review and re-examine the status quo system; the end might be a significant revision on the existing regulations.
CHOICE OF PARADIGM IN ARBITRATION: ARBITRATOR’S AUTONOMY OR PARTIES’ AUTHORITY? Roosdiono, Anangga W.; Taqwa, Muhamad Dzadit
Masalah-Masalah Hukum Vol 53, No 3 (2024): MASALAH-MASALAH HUKUM
Publisher : Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/mmh.53.3.2024.293-303

Abstract

The choice of paradigm in dispute resolution through arbitration raises a fundamental question: should the arbitral tribunal render its decision based on the law or ex aequo et bono? Most legal scholars affirm that the disputing parties have the full authority to dictate the tribunal's choice of paradigm in resolving disputes. This perspective, in Indonesia, is justified by two grounds: the Elucidation of Article 56(1) of Arbitration and Alternative Dispute Resolution Law, and the party autonomy principle in arbitration. Against this mainstream view, this paper repositions the role of arbitrators, emphasizing that they should possess autonomy -rather than being dictated to-when choosing the paradigm dispute resolution. This paper concludes that the choice of paradigm should rest within the authority of arbitrators.
Reevaluating the Necessity of a State of Emergency: Lessons from the Covid-19 Pandemic Taqwa, Muhamad Dzadit; Al Bone, Nayla Amalia
Pancasila and Law Review Vol. 5 No. 2 (2024)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/plr.v5i2.4033

Abstract

Jimly Asshiddiqie argued that Indonesia should have declared a state of emergency during COVID-19 to ensure effective governance, asserting that, without it, the government lacked legitimacy to implement restrictive policies. This paper critically examines this claim through a doctrinal and regulatory policy analysis, assessing the necessity of an emergency declaration in managing the pandemic. The research evaluates regulatory effectiveness, legal implications, constitutional rights restrictions, and governmental legitimacy. While a state of emergency could enhance policy enforcement, the government retained legitimacy to implement necessary measures without it. Moreover, invoking Article 12 of the 1945 Constitution could have worsened the situation due to its broad legal consequences. However, the absence of an emergency declaration did not necessarily lead to a more effective response, as the government’s initial inaction and public unpreparedness contributed to financial difficulties. Ultimately, Indonesia managed to conclude the pandemic without declaring a state of emergency..
Co-Authors Al Bone, Nayla Amalia Alfarizy, Ahmad Anangga W. Roosdiono Anangga W. Roosdiono Boasrifa, Kimberly Natali Carofin, Valentino Rafael Gloria, Stefanie Laksmi Prabhaswari, Amaraduhita Lasmaida Sirait, Melinda Yunita M. Irfan Dwi Putra Manurung, Stephen Joy Herald Maria Jasmine Putri Subiyanto Maria Jasmine Putri Subiyanto Mayta Ciara Salsabila Muhamad Ali Muharam Putra, Edmond Wangtri Putra, M. Irfan Dwi Putri Subiyanto, Maria Jasmine Roosdiono, Anangga W. Rossdiono, Anangga W. Rusdiana, Rofy Candra Salsabila, Mayta Ciara Sirait, Melinda Yunita L. Sirait, Melinda Yunita Lasmaida Tazkia Nafs Azzahra Tjiang, Alvin Yuubina, Venitta