Jurnal Ilmiah Kebijakan Hukum
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.
Articles
236 Documents
<![CDATA[Implementation of Regulatory Policy in Government Agency ]]>
<![CDATA[Edward James Sinaga]]>
<![CDATA[ Jurnal Ilmiah Kebijakan Hukum Vol 16, No 2 (2022): July Edition ]]>
Publisher : <![CDATA[Law and Human Rights Research and Development Agency ]]>
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DOI: 10.30641/kebijakan.2022.V16.323-340
<![CDATA[ Legal reform is a necessity. Regulatory arrangement is one aspect of the legal reform program within the framework of national legal development. Regulation is the solution and foundation of law enforcement and government policies, thereby creating legal certainty and order and providing benefits to the community. However, regulation is an obstacle to development due to overlapping regulations, hyper regulations, conflicts of interest and authority. It can be seen that there is a judicial review of existing laws in the Constitutional Court and 1,765 regional regulations have been canceled. The legal reform program is carried out based on the Regulation of the Minister of Administrative and Bureaucratic Reform concerning the Road Map for Bureaucratic Reform 2020-2024. The regulation mandates the need to create a Legal Reform Index to measure the success of Legal Reform. This research was conducted to provide an overview of regulations and the formation of regulations as well as the implementation of regulatory policies for Government Agencies. This research is juridical-empirical and used a qualitative approach. From the results of this study, it was found that there are regulations in Indonesia that require amalgamation, simplification, and revocation. Considering this situation, legal reform is needed. This determination is seen from the Legal Reform Index. Policy Measurement of the legal reform index is useful for ensuring the quality of good laws and regulations following the principles, rules and objectives of the ideal formation and arrangement of laws and regulations. ]]>
<![CDATA[The Challenges of the Indonesian Government in Eliminating Gender Bias Practices: The Perspective of Kinship Systems in Indigenous Peoples and Regulations ]]>
<![CDATA[Rodes Ober Adi Guna Pardosi]]>;
<![CDATA[Ahmad Fathony]]>
<![CDATA[ Jurnal Ilmiah Kebijakan Hukum Vol 16, No 3 (2022): November Edition ]]>
Publisher : <![CDATA[Law and Human Rights Research and Development Agency ]]>
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DOI: 10.30641/kebijakan.2022.V16.557-572
<![CDATA[Gender bias is a condition that indicates the existence of a preference for one of the socially and culturally constructed traits inherent in men and women. Gender differences in treatment harm certain genders. The losses mentioned are related to family and social status contexts. This paper is a normative study using a normative-legal approach, focusing on legal discrimination and observing gender practices in regulation through indigenous kinship systems and literature research. This paper aims to examine gender bias practices, and government efforts to prevent and overcome gender bias practices in Indonesia. Sexist practices are found in Indigenous peoples’ lives, regulations, and government policies. Government efforts to prevent and control include ratification of international regulations and ratification in the form of legal instruments. However, other measures are needed from a prevention perspective such as: Political involvement of governments in socialization in the form of an improved understanding of indigenous peoples, the revision of rules that may lead to]]>
<![CDATA[Optimalisasi Perlindungan Ekspresi Budaya Masyarakat Adat di Indonesia ]]>
<![CDATA[Cahyana, Intan Nevia]]>;
<![CDATA[Sabirin, Ahmad]]>
<![CDATA[ Jurnal Ilmiah Kebijakan Hukum Vol 17, No 2 (2023): July Edition ]]>
Publisher : <![CDATA[Law and Human Rights Research and Development Agency ]]>
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DOI: 10.30641/kebijakan.2023.V17.209-220
<![CDATA[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.]]>
<![CDATA[Penal Mediation as a Medical Dispute Settlement for Hospital Malpractice Cases in Indonesia ]]>
<![CDATA[Sirman Dahwal]]>;
<![CDATA[Zico Junius Fernando]]>;
<![CDATA[Ria Anggraeni Utami]]>
<![CDATA[ Jurnal Ilmiah Kebijakan Hukum Vol 16, No 3 (2022): November Edition ]]>
Publisher : <![CDATA[Law and Human Rights Research and Development Agency ]]>
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DOI: 10.30641/kebijakan.2022.V16.539-556
<![CDATA[Penal Mediation is an alternative form of case settlement that originates with the idea of restorative justice. Seeing a large number of medical personnel being convicted in malpractice cases (primum remedium), mediation in dispute settlement for malpractice cases in hospitals becomes the concept of victim protection, harmonization, and overcoming rigidity/ formality in the applicable system. Therefore, the purpose of this study is to find solutions to avoid the adverse effects of the Criminal Justice System with the concept of mediation as an effort to resolve malpractice cases in the future. This paper used normative legal research or library research with a statute, conceptual, and comparative approach. The nature of the research used in this study is descriptive-prescriptive. The author used content analysis. The findings of this study are meant to provide an alternative solution to punishment which should be a last resort (ultimum remedium) from law enforcement in the form of non-litigation settlement through mediation. ]]>
<![CDATA[Zero Overstaying: Harapan Baru Pasca Lahirnya Undang-Undang Nomor 22 Tahun 2022 Tentang Pemasyarakatan ]]>
<![CDATA[Prasetio, Rizki Bagus]]>;
<![CDATA[Waskita, Renny]]>;
<![CDATA[Rafsanjani, Jody Imam]]>;
<![CDATA[Anggayudha, Zaihan Harmaen]]>
<![CDATA[ Jurnal Ilmiah Kebijakan Hukum Vol 17, No 2 (2023): July Edition ]]>
Publisher : <![CDATA[Law and Human Rights Research and Development Agency ]]>
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DOI: 10.30641/kebijakan.2023.V17.111-134
<![CDATA[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.]]>
<![CDATA[Orisinalitas Karya Cipta Lagu dan/atau Musik yang Dihasilkan Artificial Intelligence ]]>
<![CDATA[sari, Nuzulia Kumala]]>;
<![CDATA[Santyaningtyas, Ayu Citra]]>;
<![CDATA[anisah, Anisah]]>
<![CDATA[ Jurnal Ilmiah Kebijakan Hukum Vol 17, No 3 (2023): November Edition ]]>
Publisher : <![CDATA[Law and Human Rights Research and Development Agency ]]>
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DOI: 10.30641/kebijakan.2023.V17.365-384
<![CDATA[Algoritma pembelajaran mesin dalam menciptakan karya menjadi permasalahan dalam menilai orisinalitas terhadap karya lagu dan/atau musik yang dihasilkan artificial intelligence dalam lingkup hak cipta. Penelitian ini bertujuan untuk mengetahui tentang pengaturan terkait orisinalitas lagu dan/atau musik yang ada dalam ketentuan nasional maupun internasioal terhadap pemanfaatan artificial intelligence dalam lingkup hak cipta. Penelitian menggunakan metode yuridis normatif dengan pendekatan perundang-undangan terkait pengaturan hak cipta, Pendekatan konseptual, dan pendekatan perbandingan. Hasil penelitian menunjukkan bahwa tidak ditemukan batasan orisinalitas yang pasti dalam ketentuan hukum internasional terkait hak cipta, sedangkan Indonesia memuat batasan orisinalitas terhadap lagu dan/atau musik yang termuat dalam undang-undang No.28 Tahun 2014 tentang hak cipta. Adapun ketentuan yang ada belum memadai dalam memberikan perlindungan lagu dan/atau musik yang dihasilkan artificial intelligence layaknya beberapa negara yang telah membentuk konsepsi perlindungan dalam menilai permasalahan terkait orisinalitas. Pembentukan peraturan dan pertegasan batas orisinalitas menjadi hal yang perlu untuk dimuat dalam peraturan di Indonesia guna mendukung perkembangan teknologi artificial intelligence.]]>
<![CDATA[Disparitas Sistem Pidana dalam Undang-Undang Keimigrasian Indonesia Tahun 2011 ]]>
<![CDATA[Rahayu, Dista Dewi]]>;
<![CDATA[Arifin, Ridwan]]>;
<![CDATA[Zakaria, Luby Lukman]]>
<![CDATA[ Jurnal Ilmiah Kebijakan Hukum Vol 17, No 1 (2023): March Edition ]]>
Publisher : <![CDATA[Law and Human Rights Research and Development Agency ]]>
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DOI: 10.30641/kebijakan.2023.V17.25-40
<![CDATA[The Criminal Provisions in Indonesian Immigration Law of 2011 are designed as acts of legislation for preventing transnational organized crimes in Indonesia. This law has existed for more than 10 years and has been no critical evaluation of the immigration criminal provisions. The construction of the criminal system has a non-uniform pattern of penal policy formation. This research employed the doctrinal research method with deductive reasoning that analyzed Articles on immigration criminal provisions from the perspective of Jeremy Bentham’s theory of punishment analyzing the quality of criminal Articles. The results indicate that there are reactive and not pre-empting immigration criminal provisions, poor criminal provisions during immigration examinations, disparities in Judge’s decisions at courts, varied patterns of punishment and sanctions, and inconsistency of criminal liability arrangements against corporations. Reconstruction of immigration criminal Articles is urged to achieve Bentham’s principles and objectives of the law in sentencing. Criminal Articles should be dominated to prevent cross-border crimes during immigration clearance.]]>
<![CDATA[Legalization of Public Documents Through Apostille: A Legal Reform in Public Services ]]>
<![CDATA[Tan, Winsherly]]>;
<![CDATA[Patros, Asmin]]>;
<![CDATA[Hutauruk, Rufinus Hotmaulana]]>
<![CDATA[ Jurnal Ilmiah Kebijakan Hukum Vol 17, No 3 (2023): November Edition ]]>
Publisher : <![CDATA[Law and Human Rights Research and Development Agency ]]>
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DOI: 10.30641/kebijakan.2023.V17.385-398
<![CDATA[Indonesia is a country that has the objective of ensuring the welfare of its citizens. One effective way to achieve prosperity for its citizens is by implementing excellent public services, especially when it comes to the fulfillment of rights concerning the legalization of public documents. Therefore, this study is aimed to analyze the application of the Apostille convention in the legalization of public documents, and to investigate the changes in the law of public services related to the legalization of documents after the Apostille enactment. This legal study is categorized as a type of doctrinal analysis. Specifically, it is descriptive and analytical. Juridical and theoretical foundations were used for data analysis and the theoretical basis employed was the Theory of Legal Reform. The finding is consistent with the principles of the Legal Reform Theory. Legalization of public documents has undergone legal reform because legalization of public documents can be done online and in a short time. This shows that law, as a means of reform, has been realized because it has met the needs of society for the public. Despite the enhancement of public services, several aspects require careful consideration and improvement. This includes establishing effective cooperation with the Regional Office of Law and Human Rights, which acted as a liaison for Apostille services at the regional level. Additionally, the Regional Office of Law and Human Rights assume a pivotal role in overseeing the printing of certificates to ensure accessibility for the public.]]>
<![CDATA[Expansion of the Discretion Concept Reviewed from Legal Anti-Positivism ]]>
<![CDATA[Annisa Salsabila]]>
<![CDATA[ Jurnal Ilmiah Kebijakan Hukum Vol 16, No 3 (2022): November Edition ]]>
Publisher : <![CDATA[Law and Human Rights Research and Development Agency ]]>
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DOI: 10.30641/kebijakan.2022.V16.479-494
<![CDATA[The terms of discretion have been determined finitely in Article 24 of Law Number 30 of 2014 concerning Government Administration. However, the requirement “not contrary to the provisions of the legislation” was removed after the issuance of Law Number 11 of 2020 concerning Job Creation. This paper examines 3 (three) circumstances related to discretion. First, how is the concept of discretion viewed from the government administration? Second, how is the concept of discretion viewed from the school of legal anti-positivism? Third, what are the parameters of the validity of discretion based on the legislation? This study used a normative juridical method with a statutory, conceptual, and philosophical approach to analyze the norm and concept of discretion. The results of the study indicate that in the administrative field, discretion may be contrary to the provisions of the legislation if there is stagnation of government and it is intended for the public interest. Such a concept departs from a critique of legal positivism which leads to many subsequent ideologies including utilitarianism, legal realism to CLS. The parameters of the validity of discretion are formal legitimacy consisting of authority and procedures as well as material legitimacy. This research suggests that there is a need for heightening the control mechanism for the issuance of discretion through the superiors of the administration officials concerned.]]>
<![CDATA[Upaya Peningkatan Akses Keadilan Terhadap Penerima Bantuan Hukum di Indonesia Melalui Paralegal ]]>
<![CDATA[Permana, Arya Made Bayu]]>;
<![CDATA[Putra, I Putu Rasmadi Arsha]]>
<![CDATA[ Jurnal Ilmiah Kebijakan Hukum Vol 17, No 2 (2023): July Edition ]]>
Publisher : <![CDATA[Law and Human Rights Research and Development Agency ]]>
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DOI: 10.30641/kebijakan.2023.V17.221-234
<![CDATA[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.]]>
