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INDONESIA
Journal of Indonesian Legal Studies
Published by Universitas Negeri Semarang
ISSN : 25481584     EISSN : 25481592     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
LEGAL scholars have been discussing two important roles of law: social control and social engineering. As a social control, law is designed and introduced to control the behaviours of society members in accordance with particular values and norms agreed upon by the community. In this context, the law has a power to sanction and punish the unlawful members of society. As a social engineering, law is intended to create an ideal society in accordance with, again, particular values and norms agreed upon by the community. Hence, law is not for law. Law is created to serve human beings. Law is introduced for the well-being of the society members. As the law is for human, and human’s situations and problems are changing, then law also needs to change and adapt to the context of the times. Here, the concept of legal reform is a key. Every society, including the Indonesian society, sometimes needs to reform the law to make it more relevant and suitable for the needs of the society.
Arjuna Subject : -
Articles 268 Documents
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Ecological Sustainability from a Legal Philosophy Perspective Putro, Widodo Dwi; Bedner, Adriaan W.
Journal of Indonesian Legal Studies Vol 8 No 2 (2023): Contemporary Issues on Law, Development, and Justice: Indonesian Context and Beyo
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i2.71127

Abstract

Gustav Radbruch made a fundamental contribution to legal thought, by suggesting the framework of legal justice, legal benefit, and legal certainty as the main purposes of law. This framework is widely accepted and still serves as a basis for thinking about questions of legal interpretation and the problems of legal positivism. This article argues that Radbruch’s framework falls short of addressing legal issues related to the threats of ecological crisis. Looking at legal theory and legal practice, we propose to add “sustainability” as a meta-value to Radbruch’s ideals of the legal system.
Radicalism in Indonesia: Modelling and Legal Construction Usman, Usman; Hafrida, Hafrida; Rapik, Mohamad; Maryati, Maryati; Sabri, Ahmad Zaharuddin Sani Ahmad
Journal of Indonesian Legal Studies Vol 8 No 2 (2023): Contemporary Issues on Law, Development, and Justice: Indonesian Context and Beyo
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i2.71520

Abstract

Radicalism, commonly intertwined with terrorism, assumes a critical role in Indonesia's efforts to counter and deradicalize individuals as part of its broader counterterrorism strategies. Despite the incorporation of contra-radicalization and deradicalization measures within the Indonesian Anti-Terrorism Law, the legal framework lacks a precise definition of radicalism. The absence of a clear legal concept prompts ongoing debates among academics and political entities, leaving the definitive elucidation of radicalism largely within the purview of the government. This article contends that for the sake of achieving conceptual uniformity and ensuring legal clarity, a formal regulation addressing the nuanced dimensions of radicalism is imperative. The objective herein is to scrutinize the existing model for gauging radicalism in the Indonesian context and subsequently formulate a robust legal construct surrounding this complex phenomenon. To this end, a set of four criteria—intolerance, fanaticism, exclusiveness, and revolutionary fervor—has been devised to quantitatively measure the extent of radicalism. This measurement process involves the administration of interviews or surveys, with the resultant data shedding light on respondents' inclinations and tendencies. The proposed legal framework posits that an individual or group can be categorized as radical only when they meet the predefined criteria encapsulated within the regulations, encompassing the four specified dimensions. By delineating and operationalizing these criteria, this research endeavors to contribute to the development of a comprehensive legal framework for addressing radicalism in Indonesia. This approach not only facilitates a more nuanced understanding of radicalism but also provides a tangible basis for legal categorization and intervention. Ultimately, the aim is to enhance the effectiveness of counterterrorism efforts by establishing a clear and standardized definition of radicalism within the Indonesian legal landscape.
Green Tourism Regulation on Sustainable Development: Droning from Indonesia and China Jaelani, Abdul Kadir; Hayat, Muhammad Jihadul; Luthviati, Resti Dian; Al-Fatih, Sholahuddin; Mujib, M. Misbahul
Journal of Indonesian Legal Studies Vol 8 No 2 (2023): Contemporary Issues on Law, Development, and Justice: Indonesian Context and Beyo
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i2.72210

Abstract

For more than five decades (since 1972), the world has increasingly directed its attention toward sustainable development, one of which encompasses the domain of green tourism. Indonesia and China stand as two nations committed to the Sustainable Development Goals and green tourism. Nevertheless, it remains uncertain whether the legal framework on green tourism in both countries has achieved comprehensiveness and the extent of its implementation's effectiveness. This article aims to explore the regulations on green tourism in Indonesia and China, along with their respective impacts. Drawing on a statute approach, this article argues that Indonesia has established multiple levels of regulations concerning green tourism as a part of its commitment to sustainable development and China. In practice, both Indonesia and China have implemented these regulations, leading to discernible positive effects on societal welfare. However, conventional regulatory overlap persists in Indonesia, and the implementation appears less than optimal. In another context, China adopts a streamlined regulatory framework and appears to have achieved greater effectiveness in the implementation of green tourism.
Harmonizing Adat Obligations and State Law: A Case Study of Murder and Rape Cases in Baduy’s Indonesia Yulia, Rena; Prakarsa, Aliyth; Bustami, Mohammad Reevany
Journal of Indonesian Legal Studies Vol 8 No 2 (2023): Contemporary Issues on Law, Development, and Justice: Indonesian Context and Beyo
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i2.72283

Abstract

This study endeavors to examine the execution of adat obligation fulfillment within the Baduy adat society, specifically in cases involving the murder and rape of Baduy girls in 2019. The primary focus is on scrutinizing how the Baduy adat institution has undertaken the fulfillment of adat obligations in these cases and its alignment with the provisions outlined in the New Criminal Code. Employing a normative-sociological research methodology, both secondary and primary data were utilized, including a comprehensive literature review and field studies conducted through interviews with traditional leaders in Baduy. The imperative nature of this research lies in its investigation into the applicability of positive law within the Baduy adat area, coupled with the implementation of adat obligations and the restoration of cosmic balance within Baduy society following the repercussions of crimes within the Baduy adat jurisdiction. The distinctive contribution of this research lies in its exploration of the fulfillment of adat obligations applicable in Baduy, particularly in cases involving the murder and rape of Baduy girls, and its correlation with the regulations of the New Criminal Code. The research findings underscore that perpetrators of the mentioned crimes are subject to penalties under both positive criminal law (imprisonment) and Baduy's adat law, where an adat obligation mandates them to marry the victim. Notably, the implementation of sanctions from both state and adat law occurs concurrently, despite originating from distinct institutional frameworks. In conclusion, the fulfillment of adat obligations, as orchestrated by Baduy's adat law, aligns with the regulations in the New Criminal Code. However, the execution of adat obligations in accordance with the New Criminal Code necessitates a court decision. Consequently, the role of the adat institution assumes critical importance concerning its relevance and authority in sanctioning within the implementation of adat obligations.
Establishment of Electoral Court in Indonesia: Problems and Future Challenges Suparto, Suparto; Chaidir, Ellydar; Ardiansyah, Ardiansyah; Santos, Jose Gama
Journal of Indonesian Legal Studies Vol 8 No 2 (2023): Contemporary Issues on Law, Development, and Justice: Indonesian Context and Beyo
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i2.72316

Abstract

The primary aim of this research is to evaluate the imperative need for the establishment of a dedicated judicial body to address electoral disputes in Indonesia, particularly in light of the imminent concurrent elections scheduled for 2024 and the limited jurisdiction of the Constitutional Court in adjudicating such matters. This study employs normative legal research methodologies, incorporating legislative analysis, scrutiny of judicial precedents, and a comparative law framework as its principal approach. Uruguay serves as a pertinent comparative reference within the contextual parameters of this inquiry. The research findings unequivocally indicate the indispensability of instituting a specialized court for regional head elections, as mandated by Constitutional Court Decision Number 97/PUU-XI/2013. This imperative is substantiated by a series of legal arguments, namely: (a) the constrictive nature of the law's mandate, (b) the Constitutional Court's role as a constitutional enforcement institution rather than a court of justice, (c) the absence of an appellate process, contravening fundamental principles inherent to the electoral law system, (d) the quantitative approach to dispute resolution, impeding the attainment of justice, and (e) the presence of a distinct judicial system, engendering uncertainty and impeding the realization of justice, certainty, and expediency within the election legal framework. The establishment of specialized courts for regional head elections in Indonesia is analogous to the implementation of analogous courts in Uruguay and Costa Rica. In both jurisdictions, specialized election courts function as distinct entities, operating autonomously from the conventional judicial powers vested in the Supreme Court or the Constitutional Court.
Nurturing Tomorrow’s Jurists: Rethinking the Indonesian Constitutional Court's Clerkship System through a Comparative Lens Albar, Rafsi Azzam Hibatullah; Siregar, Eugenia Felicia Natiur; Al Asyari, Haekal
Journal of Indonesian Legal Studies Vol 8 No 2 (2023): Contemporary Issues on Law, Development, and Justice: Indonesian Context and Beyo
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i2.74043

Abstract

This paper dives into the clerkship system at the Indonesian Constitutional Court (MK), an independent judicial organ that holds high importance as the guardian of the constitution. While the court’s nine justices benefit from the existence of a clerk’s office, its work is still very limited to administrative matters. The paper begins by questioning whether the current system is sufficient to assist justices in their work and fulfill the larger aims of judicial clerkship. Its ultimate objective as a follow-up to the question is to identify ways to improve MK’s clerkship system. In order to assess the Indonesian clerkship system, a comparative analysis study of three other countries’ courts that similarly act as guardians of their respective constitutions – namely the Supreme Court of the United States, Constitutional Court of South Africa, and Supreme Court of India – is conducted. It is found firstly that there is indeed a need to change the clerkship system in MK as there are multiple ways in which clerks can help the court and benefit from it. Consequently, the changes that should be made run deep into the very purposes and roles of clerks, the structure of the committee or program, and the expected qualifications and selection process. By drawing inspiration from the three aforementioned courts, a contextualized adoption can be identified by taking into account Indonesia’s own circumstances.
Examining the Role of BPJS Employment Indonesia in Ensuring Social Security for Migrant Workers in Hong Kong Shalihah, Fithriatus; Alviah, Siti
Journal of Indonesian Legal Studies Vol 8 No 2 (2023): Contemporary Issues on Law, Development, and Justice: Indonesian Context and Beyo
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i2.74703

Abstract

The 2022 National Social Security Council report reveals that 67.7% of Indonesian Migrant Workers (PMI) abroad are not enrolled in the BPJS Employment program, indicating the ineffectiveness of Republic of Indonesia Ministerial Regulation No. 18 of 2018. While social security is crucial for PMIs, the current regulatory framework falls short in ensuring comprehensive protection. In response, the Indonesian Government amended the regulation in 2023, resulting in Minister of Manpower Regulation No. 4 of 2023, aiming to enhance social security for PMIs. This research assesses the implementation of Minister of Manpower Regulation No. 4 of 2023, focusing on Hong Kong. Employing an empirical juridical approach with primary and secondary data, the study investigates the attitudes of Indonesian Migrant Workers in Hong Kong. The deductive approach is used to draw conclusions, with the study’s respondents being Indonesian Migrant Workers in Hong Kong. Despite the regulatory amendment, the findings reveal limited interest among Indonesian Migrant Workers in Hong Kong to register for government-provided social security. Reluctance stems from conflicting government regulations, as workers prefer employer-provided insurance. Consequently, Indonesian Migrant Workers express a preference for the non-mandatory status of BPJS Employment, hoping to rely on employer-provided insurance without compulsory enrollment.
Examining the Criminal Aspects of the Indonesian Plant Varieties Regime and Farmer Protection for Food Sovereignty Suastuti, Eny; Haq, Hayyan Ul; Hasanah, Uswatun; Martini, Dwi; Lestari, Sartika Nanda
Journal of Indonesian Legal Studies Vol 8 No 2 (2023): Contemporary Issues on Law, Development, and Justice: Indonesian Context and Beyo
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i2.75825

Abstract

This research investigates the Plant Varieties Regime's role in safeguarding farmers’ rights in plant development and cultivation in Indonesia. Specifically, it scrutinizes criminal provisions concerning farmers accused of producing seeds without the right holder's consent, as evident in multiple court decisions. These verdicts have ignited legal debates that conflict with the principles of food sovereignty. Given that nearly 90% of corn plants are cultivated through traditional farmer knowledge, the increasing dependence on the seed industry disrupts agricultural practices passed down through generations. The Plant Variety Protection Act (PVP Act) inadvertently encourages seed industry monopolization. This paper advocates a coherent approach in compliance with Article 27(2) of the 1945 Constitution to address these legal issues and establish a just legal framework. The primary legal discourse centers on equitable protection, necessitating a re-evaluation of the PVP Law, which is perceived as restricting plant development opportunities and discriminating against farmers. Farmers, as stewards of seed development and livelihood, should not face criminal charges encroaching upon their rights. Employing a normative methodology involving statutory, conceptual, and case analyses, this study examines the criminal aspects and legal protection of farmers' rights in corn seed cultivation. Ultimately, the paper recommends revising the PVP Law, emphasizing the importance of coherent legal thinking when shaping criminal policies. On a practical level, it calls for collaborative efforts among stakeholders to bolster agricultural sovereignty, particularly in the corn sector, by prioritizing farmers' rights. In summary, this research aims to provide recommendations for enhancing farmers' protection against the criminal provisions outlined in the PVP Act, which holds a pivotal role in shielding farmers engaged in corn seed cultivation.

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