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Kirpan Sikh in Indonesian Legal Context Sinaga, Lestari Victoria; Fernando, Zico Junius; Sidauruk, Jupenris
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.v8i1.34051

Abstract

This research delves into the nuanced interplay between religious freedom and legal norms in Indonesia, with a specific focus on the Sikh practice of carrying the kirpan. This ceremonial dagger, integral to Sikh faith and identity, presents a unique challenge within Indonesia's diverse legal and socio-cultural landscape, marked by the country's commitment to Pancasila, which emphasizes religious freedom, unity in diversity, and social justice. By employing a normative juridical approach, this study scrutinizes the tension between the kirpan as a manifestation of religious expression and public safety concerns, utilizing comparative analysis to explore international perspectives and solutions. The investigation reveals a critical need for Indonesia to refine its legal and policy frameworks to more effectively accommodate religious practices like the kirpan. Drawing lessons from countries such as India, the UK, Canada, the US, and Sweden, the research advocates for inclusive legal reforms, enhanced public education, and robust intercultural dialogue. These strategies aim to reconcile the practice of carrying the kirpan with public safety imperatives, reflecting a deeper understanding and respect for religious diversity. The findings underscore the significance of integrating Indonesia's foundational principles of Pancasila into the contemporary discourse on religious freedom and minority rights. The study posits that respecting the kirpan within this ideological framework not only aligns with Indonesia's commitment to diversity and tolerance but also strengthens national unity and social harmony. This research contributes to the broader discourse on balancing religious expression and public safety in pluralistic societies, offering a comprehensive blueprint for policy and legal reforms that honor both religious freedom and collective well-being. It emphasizes the importance of dialogue, education, and legal inclusivity in fostering a society that upholds the dignity and rights of all individuals, irrespective of their religious practices. Keywords: Kirpan, Sikh, Freedom of Religion and Human Rights (FoRB), Criminal Law, Indonesia
Kebijakan Peraturan Menteri Dalam Negeri Nomor 50 Tahun 2020 Dalam Mengatur Ijin Pelaku Bisnis di E-Commerce Dan Social Commerce (Tiktok Shop) Sinaga, Lestari Victoria; Sidauruk, Jupenris
Jurnal Ilmiah Penegakan Hukum Vol. 10 No. 2 (2023): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v10i2.10519

Abstract

This research aims to find out the revision of e-commerce import regulations approved by the Indonesian Government through the Minister of Trade Number 50 of 2020 concerning Digital Trade into Minister of Trade Regulation Number 50 of 2023. This research uses normative juridical methods Minister of Home Affairs Regulation Number 31 of 2023 is a revision of Minister of Home Affairs Regulation Number 50 of 2022, several things have been revised. namely: information and standardization of goods, standard information on goods, minimum prices for imported goods, market places are prohibited from being producers, and social commerce is a place for promotions and transactions are prohibited for domestic products. This government policy is the basis for producers being prohibited from selling their products if they want to sell or promote using e-commerce, not e-commerce shopping, so it is clear that this Government Policy is a regulation as a social media organizer that facilitates the promotion of goods and services. The government needs to continue to monitor and evaluate the implementation of this regulation and understand the impact between business actors and the government so that it becomes an effective tool to encourage growth and innovation in the realm of Indonesian digital trade. The contents of Minister of Home Affairs Regulation Number 31 of 2023 concerning the prohibition of Tiktok Shop and other social media only from operating as online shop services are clear.
POSITION OF PERSONAL GUARANTEE ASSET SEIZURE IN BANKRUPTCY PRINCIPAL DEBTOR Sidauruk, Jupenris; Sunarmi, Sunarmi; Aflah, Aflah
NOMOI Law Review Vol 6, No 1 (2025): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v6i1.24126

Abstract

General Seizure of Personal Guarantee Assets in the Bankruptcy of the Principal Debtor, can be carried out and regulated in the provisions of the Bankruptcy Law and Civil Law. So that the Personal Guarantee has responsibility for the bankruptcy statement of the principal debtor, but in practice there is an interesting phenomenon, for example, in the Medan District Court Decision Number 6/Pdt. Sus-Others/2019/PN. Niaga. Mdn. there is a phenomenon of the seizure of Personal guarantee assets without a bankruptcy statement against the Personal Guarantee. Normative legal research with a statutory regulatory approach and case studies. The results of this study indicate that Article 1832 of the Civil Code number 2 states that the position between the Principal Debtor and the Guarantor or Personal Guarantee or Borgtocht is the same as a Debtor. Personal Guarantee assets cannot be seized in the bankruptcy of the Principal Debtor, a sign that there is a bankruptcy statement against the Personal Guarantee and the Personal Guarantee releases its Special Rights. In Decision Number: 6/Pdt. Sus-Lain-lain/2019/PN. Niaga. Mdn Jo. Number: 2/Pdt. Sus. Bankrupt/2018/PN. Niaga does not reflect justice, therefore the Personal Guarantee assets are not included in the Bankrupt Boedel because the Personal Guarantee is not bankrupt, so that general seizure cannot be carried out and general seizure is not in accordance with the contents of the guarantee agreement that has been agreed upon by the creditor and guarantor.