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Cepalo
Published by Universitas Lampung
ISSN : -     EISSN : 25983105     DOI : https://doi.org/10.25041/cepalo
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal ini memiliki visi untuk menjadi jurnal ilmiah di bidang ilmu hukum yang sesuai dengan kearifan lokal Provinsi Lampung, yang akan di analisis secara komprehensif dengan perundang-undangan Nasional atau Internasional dan kondisi sosiologis. Misi dari Cepalo adalah untuk mempublikasikan hasil penelitian ilmiah di bidang ilmu hukum baik dalam skala nasional, maupun skala internasional. Cepalo pada dasarnya berisi topik tentang hukum, sistem hukum, hukum dan ekonomi, sosiologi hukum, antrophologi hukum, kebijakan publik, hukum internasional, hukum adat, hukum administrasi, hukum agraria, hukum islam, hukum bisnis, hukum pidana, hukum kesehatan, filsafat hukum, hukum kesehatan, hukum tekhnologi dan budaya. Namun tidak membatasi pokok bahasan mengenai studi hukum komparatif dan tidak menutup kemungkinan bagi penelitian yang bertemakan tentang kearifan lokal.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 105 Documents
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PROGRESSIVE STEPS FOR PREVENTING AND HANDLING MONEY POLITICS IN INDONESIAN ELECTIONS: AN EFFORT TO REDUCE DEVIANT BEHAVIOR IN DEMOCRATIC ELECTIONS Djufri, Darmadi
Cepalo Vol 7 No 2 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v7no2.3215

Abstract

The practice of money politics in election process is primarily observed during campaign activities and distribution of donations, specifically cash contributions. This occurrence can be attributed to several factors, namely tradition, desire for recognition, conducive environment, the ability to influence laws, wavering ethical values, impoverished communities, limited public awareness, and culture. Furthermore, money politics is primarily conducted in two stages, namely pre-voting and post-voting. The pre-voting phase comprises administrative selection, the campaign period, quiet period, and the lead-up to the actual election. The targets are primarily voters susceptible to influence, while the post-election phase occurs after the election, specifically during the General Session of the DPR/DPRD and when making decisions about the APBN/APBD. The targets are mainly political elites who hold the sovereignty of the people and possess the authority to make strategic decisions. Considering the existence of legal loopholes that can be exploited by various parties for fraudulent purposes, specifically money politics, it is imperative to enhance the clarity of existing legal provisions. In addition, perpetrators often exploit these loopholes, necessitating more robust legal measures.
HARMONIZING INTERNATIONAL AND NATIONAL LEGAL SYSTEMS THROUGH THE PRINCIPLES OF SUSTAINABLE DEVELOPMENT IN THE MODERN STATE Sumartini, Siti; Setiady, Tri
Cepalo Vol 8 No 1 (2024)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v8no1.3248

Abstract

Sustainable development is a critical concept used to enhance global welfare. In this context, peremptory norms recognized within international law are integrated as general, universal, essential, and fundamental principles for societal benefit. Therefore, this research aimed to investigate the role of sustainable development within international law and examine the contribution of norms to the formation of a modern legal state. The legal status of norms and capacity to embody universal values are clarified using descriptive analysis with a normative juridical approach and qualitative data. The results show that sustainable development has been developed as an indispensable paradigm, widely confirmed across legal frameworks. In addition, the integration as a universal norm within international law reflects the potential to influence legal systems globally. This depends on the balance of established sources such as treaties and customary practices. Moreover, this research contributes to legal scholarship by stating the role of international norms in advancing sustainable development.
DIVERSION PRACTICES IN JUVENILE TRAFFIC CRIME INVESTIGATIONS AS A SOCIAL ENGINEERING TOOL: A CASE IN NORTH MALUKU, INDONESIA Abdulajid, Syawal; Anshar, Anshar; Mufti, Ahmad; Suwito, Suwito
Cepalo Vol 8 No 1 (2024)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v8no1.3294

Abstract

Diversion as an alternative to out-of-court settlement faced both theoretical and practical challenges. In the context of traffic offenses committed by minors, the practice of diversion encountered legal uncertainties about whether it could effectively address the core issues. The dilemma arose from the need to enforce the law while also protecting the rights of children as mandated by the Juvenile Justice System Law. This paper reviewed the practice of diversion in resolving traffic offenses by minors in North Maluku, aiming to assess its effectiveness and explore its role as a tool of social engineering. The research employed a doctrinal legal research model with a juridical-normative approach. Findings indicated that diversion practices in North Maluku, particularly for traffic offenses committed by minors, were ineffective due to several factors: regulatory deficiencies, lack of competence among enforcement personnel, and the prevailing legal paradigm within the community. From the perspective of law as a tool of social engineering, diversion alone was insufficient without subsequent measures to address traffic crimes committed by minors, necessitating the reconstruction of the legal culture and enhancement of public awareness to foster traffic order and safety.
APPLICATION OF FAST-TRACK LEGISLATION METHOD IN PRESIDENTIAL SYSTEM OF GOVERNMENT IN INDONESIA Susilowati, Wand Mei Herry
Cepalo Vol 8 No 1 (2024)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v8no1.3346

Abstract

The amendment of the 1945 Constitution is strengthening the Indonesian presidential system of government by granting the President the authority to issue Government Regulations in Lieu of Laws (Perppu) in response to urgent situations. Additionally, the President and DPR (House of Representatives) jointly discussed and ratified draft laws, providing the President legislative authority in normal, abnormal, or urgent circumstances. When a president with majority parliamentary support holds legislative power, it suggests that parliament has delegated the legislative power to the executive. The current phenomenon shows numerous Perppu issued that may deviate from the provisions of Article 22 paragraph (1) of the 1945 Constitution and Constitutional Court Decision No.138/PUU-VII/2009 giving juridical interpretation to “compelling urgency”. Simultaneously, there is a rise in flash legislation that seems “rushed” in the formation aiming to meet legislative targets. For instance, the Job Creation Bill in Indonesia took 167 days to be enacted despite consolidating 79 laws into a single policy. In Indonesia's presidential system of government, the DPR holds the power to form laws as observed in Article 20 of the 1945 Constitution. This suggests that the fast-track legislation method should strengthen the presidential system, especially in legislation. However, numerous Perppu continue to be issued representing executive authority in legislation. The fast-track method lacks regulation in Indonesian positive law due to the following questions arising, (1) What is the relationship between the fast-track legislation method and Indonesia's presidential system? and (2) How should the fast-track legislation method be ideally applied in law formation according to the 1945 Constitution amendments? Therefore, this research aimed to offer a concept for applying the fast-track legislation method in Indonesia’s presidential system of government according to the 1945 Constitution. A qualitative method was adopted in the research using statutory, conceptual, comparative, and case methodologies. The statutory method included reviewing and identifying laws as well as regulations related to the problem’s formulation. The conceptual method deviated from the doctrine or views in law, particularly constitutional law relating to the formation of laws and regulations using the fast-track legislation method in Indonesia’s presidential system of government. The results found that applying the fast-track legislation method in the Indonesian presidential system to hasten the formation of laws could balance the legislative authority of the President in issuing Perppu, thereby reducing the issuance. Additionally, the fast-track legislation method would further strengthen and purify the presidential system with checks and balances between the executive and legislative institutions. In this method, the procedures would remain consistent with normal law formation provisions, ensuring public participation, information disclosure, and transparency. Therefore, the research recommended that the fast-track method be used for law formation with strict regulations in the presidential system. This should also adhere to guidelines for creating good laws and regulations and providing ample space for public participation in every step while upholding democratic principles.
NAVIGATING JUSTICE AND LEGAL EQUILIBRIUM IN AUTOMATIC PRICING ALGORITHMS: A CROSS BORDER LEGAL APPROACH Eviani, Nanda Yuniza; Yunus, Ahsan; Hafizhah, Noor Ashma; Irwansyah, Irwansyah
Cepalo Vol 8 No 1 (2024)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v8no1.3380

Abstract

Automatic pricing algorithms with artificial intelligence (AI) technology in e-commerce have a significant impact on the running of the industry. This creates benefits as well as reaps polemics. Discrimination against consumers is one of them. For this reason, comprehensive treatment is needed to prevent negative impressions from occurring and can lead to the creation of justice and fairness. This research is normative qualitative research with the support of case and comparison approaches. The research results show that the algorithm uses AI to set prices based on market factors, production costs, and competition, providing price flexibility, price relevance, and increased business efficiency. Positive impacts include increased efficiency, price relevance, and consumer reach, while negative impacts involve the risk of discrimination and supervisory difficulties. Regulation and supervision are needed to maintain justice and legal balance. Unfair competitive practices, such as sudden price fluctuations, need to be monitored. Explicit regulations are needed to address the gap between AI developments and the existing legal framework. The implementation of automatic pricing algorithms must pay attention to aspects of justice and legal balance.
POLICY AND LINGUISTIC CONSIDERATIONS IN THE PROPOSED RENAMING OF WEST JAVA PROVINCE TO TATAR SUNDA Sarip, Sarip; Fitriana, Diana; Azhari, Aidul Fitriciada; Absori, Absori; Dewi, Elya Kusuma; Adiantika, Hanif Nurcholish; Nurkhaeriyah, Nurkhaeriyah
Cepalo Vol 8 No 1 (2024)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v8no1.3464

Abstract

This legal study investigates the implications of the proposed renaming of West Java Province to Tatar Sunda Province, employing the approach of intuitive semantic dualism to address issues of language, territory, ethnicity, and national identity. The research draws on data from academic journals, books, media reports, and interviews, comparing secondary data with field opinions on the languages and bordering regions of the Sundanese dialect. The findings reveal that, although the Sundanese linguistic system was expected to play a crucial role in the renaming process and promote territorial unity, it falls short due to the inclusion of regions such as Banten, pre-independence Batavia, and bilingual border areas in the east and north. This geographic and linguistic complexity means that the name "Tatar Sunda" does not accurately reflect the distinct linguistic, cultural, and territorial identities of the Sundanese people as described by J. van Baal. Legally, while there are no barriers to the renaming policy, the proposed name fails to adequately represent the region's diverse identities. Consequently, the study recommends further exploration of more representative alternatives that align with the existing legal framework, ensuring that the name change is not only legally valid but also appropriately reflects the region's identity.
REFORMING THE IDEAL ELECTION LAW THROUGH THE OMNIBUS LAW Bakri, Rahmat; Sulbadana, Sulbadana; Supriyadi, Supriyadi; Purnamasari, Andi Intan
Cepalo Vol 8 No 2 (2024)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v8no2.3490

Abstract

The Omnibus Law concept consolidates multiple laws into a single legislative framework. In Indonesia, the regulation of elections is currently fragmented across separate laws for different types of elections and related sectoral laws. Consequently, various challenges often hamper its implementation. These challenges can be addressed by Omnibus Law which integrates all election-related laws into one comprehensive Election Law. This juridical-normative research examined this topic through legislative, conceptual, and case methods. The results of the analysis show that the Omnibus Law provides a solution to the overlapping regulations. In this context, Omnibus Law serves as a formal Gesetz within the legislative process and suggests that an ideal electoral system would merge the Election Law with relevant sectoral laws—such as the Population Administration Law, Political Party Law, Mass Organization Law, Administrative Court Law (PTUN), and Constitutional Court Law—into a unified legal framework.
RESOLVING THE PROBLEMATIC ARRANGEMENT OF THE TRIUMVIRATE AS INTERIM PRESIDENT IN INDONESIA: INSIGHTS FROM GABON AND AUSTRIA Auliyaa Rizqan, Rafi; Yusdiyanto, Yusdiyanto; Ridlwan, Zulkarnain
Cepalo Vol 8 No 1 (2024)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v8no1.3495

Abstract

This article presents the challenges associated with the triumvirate concept as an interim presidential arrangement in Indonesia and alternative statutory regulations. This normative legal research was performed to determine whether Indonesia's current triumvirate arrangement adequately addresses extraordinary events such as a vacuum of power. The statute approach and the comparative approach were employed in this research. The results showed that Indonesia's triumvirate arrangements are insufficient and comparatively simplistic when contrasted with other countries employing similar concepts. To strengthen Indonesia's framework, it is crucial to examine the regulatory frameworks of comparable nations, with a particular focus on insights from Gabon and Austria.
THE BALANCE OF LEGAL CERTAINTY AND UTILITY IN BALI’S ALCOHOL REGULATION Santosa, Anak Agung Gede Duwira Hadi; Wijaya, I Made Marta
Cepalo Vol 8 No 2 (2024)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v8no2.3551

Abstract

Traditional alcoholic beverages hold a significant place in the culture of Indonesia, embodying the nation's rich heritage and diverse local wisdom. However, the regulation of these beverages presents critical concerns regarding public health and societal impact. This study critically examines how the principles of legal certainty and utility are reflected in Bali Governor Regulation Number 1 of 2020 (“Bali’s Alcohol Regulation”). The primary objective of this research is to analyze and evaluate the embodiment of these values within the regulation. Employing a normative legal research methodology, the study scrutinizes the regulation alongside the hierarchy of laws governing it. The findings reveal notable inconsistencies between Bali’s Alcohol Regulation and the definitions of traditional alcoholic beverages established in higher legislative frameworks, raising pertinent questions about the balance between legal certainty and the practical benefits offered by the regulation. Furthermore, the analysis indicates that the regulation fails to uphold several legal principles, leading to ambiguity in its enforcement. From a utility perspective, the regulation does not yield substantial benefits for artisans, producers, distributors, sellers, buyers, or the broader community. Consequently, it falls short of meeting adequate utility standards, underscoring the necessity for revision and enhancement to better accommodate the interests of all stakeholders involved in the traditional alcoholic beverage sector in Bali.
EQUALITY BEFORE THE LAW IN REGIONAL HEAD ELECTION TRIALS Firdiansyah Putra, M. Farrel; Sujatnika, Ghunarsa
Cepalo Vol 8 No 2 (2024)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v8no2.3610

Abstract

General elections and regional head elections are vital expressions of popular sovereignty and democratic representation within the framework of the rule of law. These elections underscore that sovereignty and power reside with the people. However, the electoral process often leads to disputes, which can arise from administrative issues, criminal activities, and the results of vote counting. Consequently, an effective election dispute resolution mechanism is essential, emphasizing the principle of equality before the law for all parties involved, to ensure the integrity of the electoral process. This research employs normative methods to examine the laws and regulations governing regional head elections. It analyzes relevant data and case examples in relation to the principle of equality before the law in both legislative and regional head elections. The novelty of this research lies in its exploration of the equal standing of parties before the law, particularly in the context of disputes arising during regional head elections.

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