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Reconstruction Of The Concept Of A Foundation As A Non Profit Oriented Legal Entity Subesar, Haris
Jurnal Ilmiah Dunia Hukum VOLUME 8 ISSUE 2 APRIL 2024
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v0i0.4965

This research is to find alternative solutions to the many cases of abuse of legal entities in the form of foundations in Indonesia. Foundations as non-profit oriented legal entities have so far been misused to carry out money laundering and other criminal acts, even though the purpose of the Foundation is aimed at social, religious and educational activities. This research is a normative juridical research based on the approach to the laws and regulations in force in Indonesia. This research utilizes primary data sources and secondary data sources. The secondary data comprises primary legal materials and secondary legal materials, which are then analyzed and presented qualitatively. The research results show that the law governing foundations in Indonesia currently, namely Law number 28 of 2004 as an amendment to Law Number 16 of 2001. The last amendment to the Foundation Law was made in 2004, so it has been quite a long time and it is time for changes to be made by reconstructing the current Foundation Law to better guarantee legal certainty for for foundations in Indonesia. Based on the discussion above, several provisions need to be strengthened to address the potential misuse of foundations for money laundering activities. Additionally, from a structural perspective, there is a need for reinforcing oversight mechanisms and intensifying public education efforts

Bridging Knowledge: The Practice of Academic Freedom in Indonesia Rahayu, Rahayu; Roisah, Kholis; Wardana, Khansadhia Afifah
Jurnal Ilmiah Dunia Hukum VOLUME 8 ISSUE 2 APRIL 2024
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v0i0.4973

This article aims to analyze the current practices of academic freedom in Indonesia, driven by the premise that academic freedom is a cornerstone for every scholar with their expertise to seek, explore, innovate, and develop knowledge without intervention from certain parties. This concept is deeply rooted in the freedoms of thought, opinion, and expression in public, which are integral to the framework of human rights. This article is a study employing a normative juridical approach, attempting to examine the relevant legislation and actual circumstances. The data used is secondary data, focusing on various types of literature that explore the complex relationship between academic freedom, human rights, and democracy. The research findings indicate that in Indonesia, regulations governing academic freedom are enshrined in Law No. 12 of 2012 on Higher Education, Law No. 14 of 2005 on Teachers and Lecturers, and Law No. 20 of 2003 on the National Education System. Nevertheless, instances of persecution and dismissal of academic staff often occur on grounds of threatening nationalism or possessing subversive ideologies that ultimately disturb public security. The coordinator of the Indonesian Caucus for Academic Freedom cites several cases attacking academic freedom, such as cyber-attacks, repression of student actions, and criminalization of academics who speak out against corruption and for academic freedom, such as those involving Saiful Mahdi from Syiah Kuala University and Ubedillah Badrun from the State University of Jakarta (UNJ). This article aims to uncover the issues arising in the practice of academic freedom and the alignment between existing regulations and the human rights framework, using a normative juridical method. Academic freedom must serve as the foundation for the development of knowledge for the nation's welfare.

Optimizing International Legal Compliance in Addressing the Rohingya Refugee Crisis in Indonesia Arief, Eva; Islam, Muhammad Saiful
Jurnal Ilmiah Dunia Hukum VOLUME 8 ISSUE 2 APRIL 2024
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v0i0.5061

This study aims to analyze and investigate Indonesia's response to the Rohingya refugee crisis and examine its compliance with international law in addressing complex humanitarian challenges while tracing the history of Rohingya refugees in Indonesia since 2017. The research focuses on recent developments, including the surge in refugee arrivals and increasing tensions between newcomers and local residents. This study employs normative juridical research emphasizing a case study approach, utilizing secondary data analyzed qualitatively and presented using descriptive qualitative analysis techniques. The results indicate that Indonesia has principally committed to international law concerning refugees through concrete actions, diplomacy, and dialogue. However, the handling of Rohingya refugees in Indonesia, as regulated by PERPRES 125/2016, does not fully align with international legal principles, particularly the non-refoulement principle of the 1951 Convention. Refugees are considered illegal immigrants with temporary accommodation ending in relocation or repatriation. Further efforts are needed to ensure treatment aligns with human rights norms and provides adequate protection, including the right to employment, which is challenging due to the scarcity of job opportunities for Indonesian citizens themselves.

The Village Financial Management Policy To Achieve Good Governance Sulistyaningsih, Endang; Adi, Pudja Pramana Kusuma; Sayekti, Lady Laduni
Jurnal Ilmiah Dunia Hukum VOLUME 8 ISSUE 2 APRIL 2024
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v0i0.5082

This study aims to analyze and investigate Indonesia's response to the Rohingya refugee crisis and examine its compliance with international law in addressing complex humanitarian challenges while tracing the history of Rohingya refugees in Indonesia since 2017. The research focuses on recent developments, including the surge in refugee arrivals and increasing tensions between newcomers and local residents. This study employs normative juridical research emphasizing a case study approach, utilizing secondary data analyzed qualitatively and presented using descriptive qualitative analysis techniques. The results indicate that Indonesia has principally committed to international law concerning refugees through concrete actions, diplomacy, and dialogue. However, the handling of Rohingya refugees in Indonesia, as regulated by PERPRES 125/2016, does not fully align with international legal principles, particularly the non-refoulement principle of the 1951 Convention. Refugees are considered illegal immigrants with temporary accommodation ending in relocation or repatriation. Further efforts are needed to ensure treatment aligns with human rights norms and provides adequate protection, including the right to employment, which is challenging due to the scarcity of job opportunities for Indonesian citizens themselves.

The Principles of Model Law Regarding the Implementation of Estate Execution in Transnational Bankruptcy Cases Putriana, Fafta Aini; Fairuzzaman, Fahmi; Hidayat, Akbar
Jurnal Ilmiah Dunia Hukum VOLUME 8 ISSUE 2 APRIL 2024
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v0i0.4465

This research is important to find out what system should be used to create legal certainty regarding the execution of transnational bankruptcy cases. The purposes to be achieved are, first, to know the system that works within the principles of the Model Law developed by the United Nations in handling transnational bankruptcy execution cases. Second, knowing how national law creates execution rules if the foreign debtor's bankruptcy assets are in Indonesia's jurisdictionUsing juridical-normative research methods, the author attempts to analyze transnational bankruptcy based on international and national regulations. International rules are regulated in UNCITRAL: Model Law created by the UN and is a legal reference for countries that have transnational bankruptcy legal instruments with reference to this Model Law. Meanwhile, the national regulations are in Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations, which became known as UUK-PKPU. Model Law regulations provide legal certainty regarding transnational bankruptcy. different from national legal rules which are limited by jurisdiction. The substance of the Model Law provides an opportunity for foreign parties to participate in solving problems. The conclusion of this research is that the adoption of the Model Law by several countries will provide greater convenience and legal certainty in the field of bankruptcy law, especially transnational bankruptcy.

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Contact Name
Mashari

Contact Email
mashari@untagsmg.ac.id

Phone
+6282136150409

Journal Mail Official
jurnalilmiahduniahukum@gmail.com

Editorial Address
Program Doktor Ilmu Hukum, Faultas Hukum, UNTAG Semarang JL. Pemuda No. 70, Semarang

Location
Kota semarang,

Jawa tengah

INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Mashari

Contact Email mashari@untagsmg.ac.id

Phone +6282136150409

Journal Mail Official jurnalilmiahduniahukum@gmail.com

Editorial Address Program Doktor Ilmu Hukum, Faultas Hukum, UNTAG Semarang JL. Pemuda No. 70, Semarang

Location Kota semarang, Jawa tengah INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Mashari

Contact Email
mashari@untagsmg.ac.id

Phone
+6282136150409

Journal Mail Official
jurnalilmiahduniahukum@gmail.com

Editorial Address
Program Doktor Ilmu Hukum, Faultas Hukum, UNTAG Semarang JL. Pemuda No. 70, Semarang

Location
Kota semarang,

Jawa tengah

INDONESIA