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INDONESIA
Jurnal Ilmiah Kebijakan Hukum
Published by Badan Penelitian dan Pengembangan Hukum dan Hak Asasi Manusia
ISSN : 19782292     EISSN : 25797425     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Ilmiah Kebijakan Hukum merupakan media ilmiah bidang kebijakan hukum berupa hasil penelitian dan kajian, tinjauan hukum, wacana ilmiah dan artikel. Terbit tiga kali setahun pada bulan Maret, Juli dan November.
Arjuna Subject : -
Articles 9 Documents
 1 
Search results for , issue "Vol 17, No 2 (2023): July Edition" : 9 Documents clear
Optimalisasi Perlindungan Ekspresi Budaya Masyarakat Adat di Indonesia Cahyana, Intan Nevia; Sabirin, Ahmad
Jurnal Ilmiah Kebijakan Hukum Vol 17, No 2 (2023): July Edition
Publisher : Law and Human Rights Research and Development Agency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2023.V17.209-220

Abstract

There are approximately 33 types of Indonesian culture that have been claimed as belonging to other countries. Among others, there are Reog Ponorogo and Kuda Lumping Dance; both are from East Java. This proves that the regulation of protection related to TCSe in Indonesia has not provided satisfaction to this nation. Based on this phenomenon, the authors are interested in providing solutions through this research. The type of research is juridical-normative. Furthermore, this research intends to define the TCSe protection mechanisms to assist the Indonesian economy given that legal efforts in developing the “expressions of folklore” will benefit the regional economy. After conducting the research, the authors concluded two major findings. First, so far, the protection of TCSe has not been regulated specifically. As a result, TCSe does not have a strong position concerning its legality. Therefore, it becomes vulnerable and blemishes the occurrence of recognition by othercountries which results in losses to the state economy. Second, specific regulations and anti-theft task forces or advocacy groups are urgently needed to help the indigenous people protect the rights of their distinctive intellectual property. Thus, specialized institutions, which control access and benefit-sharing arrangements with foreign users, are required.
Zero Overstaying: Harapan Baru Pasca Lahirnya Undang-Undang Nomor 22 Tahun 2022 Tentang Pemasyarakatan Prasetio, Rizki Bagus; Waskita, Renny; Rafsanjani, Jody Imam; Anggayudha, Zaihan Harmaen
Jurnal Ilmiah Kebijakan Hukum Vol 17, No 2 (2023): July Edition
Publisher : Law and Human Rights Research and Development Agency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2023.V17.111-134

Abstract

In practice, the release of detainees by law has not been optimal, and it results in overstaying. The authority of the head of the detention center to release detainees has diminished, leading to administrative procedures and coordination issues among law enforcers. This study addresses and analyzes the problem, exploring improvements following the enactment of Law 22 of 2022 on Corrections. Adopting a normative juridical research approach, it examines the extensive discretion granted by the Criminal Procedure Code to law enforcers, often prioritizing detention without considering alternatives. Inefficient coordination during detainee release, delays in responding to expiration notices, and non-compliant implementing regulations highlight system inefficiency. This causes hesitation in releasing detainees and discomfort with other law enforcement agencies. The Special Prison Planning Team and a stronger correctional system aim to promote collaboration and equal footing. Stricter regulations are necessary to protect detainees’ rights on release and provide tailored services.
Upaya Peningkatan Akses Keadilan Terhadap Penerima Bantuan Hukum di Indonesia Melalui Paralegal Permana, Arya Made Bayu; Putra, I Putu Rasmadi Arsha
Jurnal Ilmiah Kebijakan Hukum Vol 17, No 2 (2023): July Edition
Publisher : Law and Human Rights Research and Development Agency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2023.V17.221-234

Abstract

This article aims to examine how the development of the role of paralegals in providing legal aid in Indonesia and to examine the challenges that will be faced by paralegals in the practice of providing legal aid in Indonesia. The research method used is normative legal research with statutory and conceptual approaches. The results of this study reveal that the development of the role of paralegals in providing legal aid in Indonesia can be studied in Permenkumham No. 1 of 2018 paralegals have the authority to provide legal aid through litigation and non-litigation, but this is considered contrary to Law no. 18 of 2003 concerning Advocates, so that the Supreme Court of the Republic of Indonesia through Supreme Court Decision No. 22/P/HUM/2018 which states that the provisions of Articles 11 and 12 of Permenkumham No. 1 of 2018 does not apply in general, so that the authority of paralegals is limited to providing legal aid on a non-litigation basis, then the role of paralegals gets a reaffirmation in Permenkumham No. 3 of 2021 where paralegals are given the authority to provide legal aid through litigation but not independently, in practice providing legal aid by paralegals in general there are several challenges that can become obstacles including paralegals are required to have an understanding of the legal system, regulations and legal procedures in force in the relevant territory.
Reintegrasi Ekonomi sebagai Konsep Pembaharuan Hukum Pemasyarakatan Indonesia Musakkir, Musakkir; Akbar, Andi Armansyah; Aurora, Sri Aero
Jurnal Ilmiah Kebijakan Hukum Vol 17, No 2 (2023): July Edition
Publisher : Law and Human Rights Research and Development Agency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2023.V17.135-152

Abstract

Economic Reintegration as A Concept Of Indonesia Correctional Law Reform Correctional has become an integral subsystem of the integrated criminal justice system organized by the government as part of the law enforcement process in the context of service, coaching and guidance that will lead to social reintegration. However, until now, there is no consensus on the most effective pattern in helping social reintegration in reducing recidivism rates. Occupation and recidivism rates have a cybernetic relationship, this can be seen in several studies. Therefore, it is necessary to have the proper concept of correctional law reform in terms of concepts and goals that were previously only oriented toward social reintegration into social and economic reintegration. This economic reintegration can be realized through an economical correctional law system, which is in terms of legal substance, that constructing correctional law provisions based on legal and economic principles, in terms of legal structure, that is adding vocational education programs and work internships in coaching and guidance in self-reliance, optimizing the role of cooperatives, MSMEs, and correctional care community groups.
Perlindungan Hukum Pengetahuan Tradisional Sanro Jamaluddin, Fitriani; Kahfi, Muhammad Ashabul; Adliyah, Nurul; Haryanto, Wawan
Jurnal Ilmiah Kebijakan Hukum Vol 17, No 2 (2023): July Edition
Publisher : Law and Human Rights Research and Development Agency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2023.V17.153-164

Abstract

This study aims to find out about the legal protection of Sanro Traditional Knowledge in South Sulawesi, and to analyze the concept of benefit sharing as a protection for Sanro traditional knowledge. This research is normative research, with a statue approach, while the data source used is secondary data in the form of statutory regulations related to Traditional Knowledge. The results of this study indicate that statutory regulations relating to Traditional Knowledge are not sufficient in providing protection. So, one of the concepts that can be applied in the protection of Traditional Knowledge is by using the concept of benefit sharing. The concept of benefit sharing that used not only emphasize the economic aspect, but also the moral aspect, which is the recognition of the existence of the Traditional Knowledge.
Metode Rule Identification Urgency Solution (RIUS) dalam Penyusunan Naskah Akademik Peraturan Daerah Rumiartha, I Nyoman Prabu Buana; Gede Astariyani, Ni Luh; Sukma Wedayanti, Ni Kadek Ari; Yasana Putri, Kadek Angelina
Jurnal Ilmiah Kebijakan Hukum Vol 17, No 2 (2023): July Edition
Publisher : Law and Human Rights Research and Development Agency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2023.V17.183-196

Abstract

The purpose of this research was conducted to offer a new method in the preparation of academic texts on laws and regulations. Academic Manuscripts contain the results of research regarding the contents of the content or proposals submitted to be regulated in a provision of statutory regulations and or regional regulations. Provisions related to the preparation of academic manuscripts have been regulated in laws and regulations, but a special method is needed in preparing academic manuscripts so that they are in accordance with the needs of the community. In this study using normative legal research methods. The findings in this study are that there is a novelty method that can be used in the preparation of academic manuscripts, namely the Rule Identification Urgency Solution (RIUS). With the RIUS method, an academic text can be used as a basis or basis for argumentation in the formation of laws and regulations or regional regulations. In conclusion, the RIUS method is a method that can analyze the rule of law, identify problems, the urgency of why these regulations are needed, and the solutions that can be provided. The RIUS method was first applied by researchers in preparing academic texts for regional regulations in the Badung Regency Government and Jembrana Regency Government, in this case researchers as experts in preparing academic manuscripts. Suggestions that can be given are that in the preparation of academic papers it is best to focus on analyzing what problems occur in society so that a regulation is needed.
Optimalisasi Pengelolaan Paten Melalui Lokapasar: Formulasi Pengaturan Paten Dalam Bentuk NFT di Indonesia Priambudi, Zaki; Firdaus, Sendy Pratama; Sabila, Natasha Intania; Sari, Nuzulia Kumala
Jurnal Ilmiah Kebijakan Hukum Vol 17, No 2 (2023): July Edition
Publisher : Law and Human Rights Research and Development Agency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2023.V17.165-182

Abstract

This research seeks to examine a Patent regulation in the form of a Non-Fungible Token (NFT-Patent) in Indonesia. The implementation of NFT-Patent is intended to overcome the problems of patent management in Indonesia, such as the long and expensive bureaucratic process of patent, the absence of an integrated patent commercialization ecosystem, and the existence of a legal vacuum regarding the valuation mechanism of a patent. This research aims to answer a formulation of the problem related to how the model of NFT-Patent regulation through the online marketplace in Indonesia. The analysis of the problem formulation will start by comparing Non-Fungible Token (NFT) regulations in Indonesia with other countries, followed by conceptualizing the transfer of ownership rights from NFT-Patent carried out through an online marketplace, then end by formulating the regulation of the NFT-Patent online marketplace in the statutory regulations in Indonesia. By combining doctrinal research methods and reform-oriented research, this study found that based on Indonesia’s positive law, NFT is categorized as a crypto commodity which is an object of tax and BKP. On the contrary, the United States sees NFT as conventional IPR in digital form for tax purposes. NFT-Patent is categorized as an intangible movable object whose transaction is considered valid as long as it meets the provisions of Article 1320 of the Civil Code and Article 46 paragraph (2) of the Government Regulation Number 71 of 2019 concerning the Implementation of Electronic Systems. In its implementation, a transition process is carried out with several stages. The transition stages are regulated in the Regulation of the Minister of Law and Human Rights with the Directorate General of Intellectual Property as the manager. If most of the transition process has been running, the government needs to update the 2016 Patent Law by implementing the Separation Principle by separating the purpose of using inventions into 3, namely consumption, production, and innovation. Ultimately, this research recommends the government to regulate NFT specifically, synergize with blockchain-based Patent ecosystem development companies and encourage collaboration between universities and industrial companies in developing Patents. 
Model Penguatan Perlindungan Kekayaan Intelektual Komunal: Transplantasi Muatan Kebijakan Termasuk Benefit-Sharing Berbasis Undang-Undang Ni Ketut Supasti Dharmawan; Putu Aras Samsithawrati; Desak Putu Dewi Kasih; Putri Triari Dwijayanthi; I Gede Agus Kurniawan
Jurnal Ilmiah Kebijakan Hukum Vol 17, No 2 (2023): July Edition
Publisher : Law and Human Rights Research and Development Agency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2023.V17.235-252

Abstract

Regulations regarding the protection of communal intellectual property in Indonesia are currently scattered in various regulations that are not explicitly stated in the form of Laws, and do not regulate benefit-sharing comprehensively. The purpose of this research is to elaborate on a protection strengthening model of Communal Intellectual Property based on the transplantation of policy content related to works of tradition, culture, custom, traditional knowledge, genetic resources and potential geographical indications from various existing legal policies and other sources both locally, nationally and internationally into the legal form of a Law, as well as a benefit-sharing regulation mechanism related to the commercial use of Communal Intellectual Property. The research method used is normative legal research with statutory, comparative, conceptual and analytical approaches. The results of the research showed that the current policy regarding Communal Intellectual Property in Indonesia is still in the hierarchy of Regulations of the Minister of Law and Human Rights and Government Regulations, namely Permenkumham 13/2017 and PP 56 of 2022. Several articles in the provisions of statutory regulations on Intellectual Property in Indonesia have regulated Communal Intellectual Property, but its nature is still very general. For stronger protection and legal certainty it is very urgent to regulate the protection policy in the form of a Law through a transplantation model of the substance of existing legal products related to Communal Intellectual Property, as well as strengthening of policy content including benefit-sharing in relation to the commercial use of Communal Intellectual Property.
Pencegahan Kasus Lesbian di Lembaga Pemasyarakatan Indonesia: Pendekatan Sosial Hukum Rachmayanthy, Rachmayanthy; Equatora, Muhammad Ali; Tando, Cahyoko Edi
Jurnal Ilmiah Kebijakan Hukum Vol 17, No 2 (2023): July Edition
Publisher : Law and Human Rights Research and Development Agency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2023.V17.197-208

Abstract

The case of lesbians in Correctional Institutions is phenomenal and has already come to the attention of all groups; there are also health impacts that threaten the community’s safety if Lesbians are indicated. Lesbian cases, in particular, occur not only in the community but have also penetrated Correctional Institutions (Lapas), so early prevention is needed to maintain security and order in Correctional Institutions. This study will use a Sociolegal Approach; data collection is carried out using interview techniques with prisoners. The data analysis is carried out in the form of a Sociolegal Approach with rules relevant to the topic of discussion. The result is that regulations regarding preventing Lesbians in Correctional Institutions are not found. Still, the researchers found that officers can review granting rights to each prisoner if the prisoner commits an act that disturbs conductivity in the Correctional Institutions. The imposition of a measurable sentence against the prisoner isalso enforced. The vision and mission within Correctional Institutions, which focus on coaching, have also been carried out because coaching is the right of convicts. Guidance is generally not only on the religious side but also on positive activities for self-development in line with the assessment of Community Guidance. 

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