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THE LEGAL POSITION OF MULTINATIONAL CORPORATION IN INTERNATIONAL LAW Rinwigati, Patricia
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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It has been recognised that Multinational Corporation has played important role in international law particularly on economic matters and recently on human rights. Hence, the question is how international law views this entity: is it a subject or object of international law? What kind of modalities and limitations for MNC to operate in international law? Do they have some capacities for law making treaty? This article attempts to answer those questions critically by Public International Law as a point of departure. It is argued here that different theories used lead to different conclusion on the position of multinational corporation in International Law. Nevertheless, such differences will not delete the fact that this entity has certain rights and obligations in International Law.

In Pursuit of Water Justice in Jakarta Tuslian, Widya Naseva; Rinwigati, Patricia; Sandyawan, Stanislaus
The Indonesian Journal of Socio-Legal Studies Vol. 3, No. 2
Publisher : UI Scholars Hub

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Despite becoming a rapidly growing megacity, in some of Jakarta’s areas, particularly in the underprivileged areas, a significant portion of its citizens still lack access to adequate domestic water. For years, water privatization has been considered a major barrier to solving the issue. Jakarta’s citizens have mobilized themselves to publicly reclaim Jakarta’s water governance. One of the significant actions was filing a citizen lawsuit against the relevant state authorities, which eventually was ruled in favor of the state authorities due to procedural reasons. Using the ROLAX framework developed by Bedner and Vel, this paper tries to understand to what extent the water privatization lawsuits and civil society’s legal mobilizations in Jakarta reflect an effective access to justice process. Incorporating socio-legal methods by combining empirical and doctrinal research, this paper shows that the process of access to justice is not straightforwardly related to the outcome of legal processes. In this case, the access to justice process does not end with the citizen lawsuit, as citizens’ mobilization goes beyond the courtroom. CSO’s representing citizens who experienced water access problems have adopted the courts’ favorable legal considerations in further pushing the government to conduct full public management of Jakarta’s water management and demanding the fulfilment of their water access rights.

The Urgency to Use the Rabat Plan of Action in the Hate Speech Offense Mahdi, Octavia Rahma; Rinwigati, Patricia
Media Iuris Vol. 7 No. 2 (2024): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v7i2.49903

The broad spectrum of hate speech makes it difficult for law enforcement officials to identify which speech can be punished. This difficulty creates uncertainty in law enforcement and potentially triggers injustice. Therefore, this article emphasizes the importance of assessing the multidimensional aspects accommodated in the Rabat Plan Action instrument to determine hate speech. The Rabat Plan of Action instrument is one of the international human rights instruments drafted to handle acts of hate speech without regard to the right to freedom of expression. The Rabat Plan of Action has six elements: context, position and status of the speaker, intention, content and form of speech, range, and possibility and potential for harm. In this article, Rabat Plan of Action was applied to the case of Bambang Tri Mulyono, who believed that President Joko Widodo's diploma was fake and his speech had been uploaded on a YouTube video. The simulation results confirm that the Rabat Plan of Action can effectively provide directions for extracting legal facts and related events so that law enforcement officials can find clues in determining the occurrence of hate speech. Based on these results, the Rabat Plan of Action should be adopted at the national level to complement the legal instruments for handling acts of hate speech.

URGENSI PEMBENTUKAN PERATURAN MENGENAI SKEMA PONZI DI INDONESIA Sari, Madelin Ezra; Rinwigati, Patricia
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.609

The emergence of the phenomenon of illegal investment which is often associated with Ponzi schemes is an issue that deserves to be studied because it is very close to our surrounding life. The Ponzi scheme that is developing in Indonesia is actually not the same as investment fraud, but is the method used to carry out this crime. In its development, ponzi schemes have evolved into various forms of investment products. However, the ongoing developments in Indonesia have not been followed by the strengthening of regulations governing ponzi schemes. Therefore, there are obstacles in handling cases that use ponzi schemes as well as in ineffective prosecutions due to sectoral regulations used to prosecute ponzi scheme users.

DAMPAK PERUBAHAN STATUS BADAN USAHA MILIK NEGARA PT TIMAH TBK MENJADI ANAK PERUSAHAAN BADAN USAHA MILIK NEGARA PT INDONESIA ASAHAN ALUMINIUM (PERSERO) TERHADAP KEWENANGAN AUDIT BPK Rabbani, Ahmad Khalifah; Rinwigati, Patricia
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.620

In line with the Government's efforts to increase efficiency in the performance of State-Owned Enterprises (BUMN) in each sector, one of the strategies used is to create BUMN Holding, Further, Government Regulation was stipulated concerning Amendments to Government Regulation Number 44 of 2005 concerning Procedures for Participation and Administration of State Capital in State-Owned Enterprises and Limited Liability Companies Number 72 of 2016. One of the implementation of BUMN Holding was carried out in the Mineral and Coal Mining sector resulting in a change in the status of PT Timah Tbk which was originally a state-owned enterprise (BUMN) based on Government Regulation concerning the Transfer of Forms of a State-owned Tin Mining Company to a Limited Liability Company (Persero) Number 3 of 1976 Changed to become a BUMN Subsidiary with the stipulation of Government Regulation Concerning the Addition of the Republic of Indonesia State Equity Participation into the Share Capital of PT Indonesia Asahan Aluminium Company Number 47 of 2017 where PT Indonesia Asahan Aluminium Tbk (Persero) is BUMN Holding. With the change in status from previously a State-Owned Enterprise (BUMN) to a Subsidiary of a State-Owned Enterprise (AP BUMN), it has an impact on the change in the financial status of PT Timah Tbk, which no longer has state shares/capital in it. Whereas based on the changing status of PT Timah Tbk to a BUMN Subsidiary of PT Indonesia Asahan Aluminium (Persero), there is legal dualism related to the authority of the Supreme Audit Agency (BPK) to audit PT Timah Tbk

PENANGGULANGAN TINDAK KEJAHATAN PADA PENGGUNAAN MATA UANG VIRTUAL/ASET KRIPTO Teguh Jaya, Ricky Vandre; Rinwigati, Patricia
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.660

Cryptocurrency can be defined as a virtual currency that uses a peer-to-peer system so that it is decentralized, which can have positive and negative impacts, One of the negative impacts that are present is that crimes can occur by taking advantage of these present characteristics, so that an appropriate countermeasure is needed. The research method used is normative research with legal comparisons and deductive analysis, that differences in regulations from countries make it difficult for law enforcement in the event of cross-country crimes using cryptocurrency, given the different regulations between countries and limitations on jurisdiction, so a the basic framework of regulation and exchange of information implemented by the international community together and also implemented in positive legal rules by each country, in order to be able to tackle cryptocurrency-related crimes.

PENGUNGKAPAN IDENTITAS ANAK YANG BERHADAPAN DENGAN HUKUM OLEH PERS: EVALUASI TERHADAP DEWAN PERS INDONESIA Hasanah, Nur; Rinwigati, Patricia
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.736

This article examines the disclosure of the identity of Children in Conflict with the Law (CCL) by the press in reporting on the internet media. The research method used is normative juridical with a prescriptive research type that is literature study. The type of data used is secondary data. The research results show that the disclosure of identities by the press has violated the provisions of Article 5 of the Journalistic Code of Ethics and the Regulation of the Press Council Number 1/PERATURAN-DP/II/2019. The disclosure of photographs in such cases can be reported to the Press Council by filing a complaint against the journalistic work. The concealment of the identity of children in conflict with the law aims to ensure that CCL can be accepted in society, as if the identity of CCL is revealed, there is a fear that the child will have difficulty being accepted by society, as they may be labeled as "criminal perpetrators."

Kebijakan Ham Berdasarkan Peraturan Perundang-Undangan dalam Pemberian Remisi dan Pembebasan Bersyarat Kepada Koruptor Siahaan, Jhansen; Rinwigati, Patricia
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1611

In the current period, human rights are highly respected, as can be seen from the strategy of enforcing human rights itself by guaranteeing human rights for convicts of criminal acts of corruption who have been imprisoned for a long or short time, therefore they must also pay attention to their human rights such as welfare while serving. detention period. This scientific journal research method uses a normative research type. Based on the results of the research analysis, remission and conditional release are a form of protection from the state for the human rights of convicts of criminal acts of corruption, with restrictions by the state on their freedom, such as conditional release which can be granted after serving a minimum of 2/3 of the criminal term and has served well. both during the period of detention, with a minimum sentence of nine months. Where the granting of remissions and parole is still given. There are several other rights, firstly, prisoners have the right to worship in accordance with their religion, secondly, prisoners have the right to receive treatment, thirdly, to receive health services, fourthly, to receive education, fifthly, the right to express their complaints. Sixth, get reading material, seventh, get wages for the work you have done. Eighth, the right to receive family visits. And prisoners have the right to obtain other rights in accordance with applicable legal regulations.

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