Journal of Law and Policy Transformation
The published paper is the result of research, reflection, and criticism with respect to the themes of legal and policy issues contains full-length theoretical and empirical articles from national and international authorities which analises legal and policy development, reformation and transformation.
Articles
307 Documents
<![CDATA[Restorative Justice In Adult Women Victims Of Electronic-Based Sexual Violence ]]>
<![CDATA[Irawan, Joshua]]>;
<![CDATA[Mugiono, Mariana]]>;
<![CDATA[Angjaya, Vanessa Ileana]]>;
<![CDATA[Permatasari, Dewi Shinta]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 9 No 1 (2024) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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<![CDATA[Sexual Violence is a form of criminal act that in the modern era is very common in Indonesian society. Based on data from the KOMNAS Perempuan RI, in 2021 there have been approximately 1,721 Reports cases of violence against women. This Sexual Violence does not only occur physically, but has evolved into Electronic-based Sexual Violence. This Electronic-Based Sexual Violence has been regulated based on Article 14 paragraph (1) TPKS Law. The resolution of Sexual Violence Criminal Acts cases has so far been carried out on a criminal basis, which does not pay attention to the interests of victims. Therefore, the Writing Team tries to use Restorative Justice (RJ) as one way or alternative to solve cases of Sexual Violence Crimes, especially for electronic-based sexual violence in order to pay more attention to the rights of victims. This paper is written with the Dogmatic Normative Juridical research method which is realized through a conceptual approach and statute approach. The final result of this study is that RJ can still be applied both at the level of investigation and prosecution of electronic-based sexual violence crimes with notes: The article imposed on the perpetrator is Article 14 paragraph (1) of the TPKS Law where the threat of imprisonment is 4 years; there is no rejection from the Society ; there is peace between the perpetrator and the victim ; and the rights of victims are restored again by redress or other exercise of responsibility of the perpetrator. If one condition is not met, then RJ cannot be carried out and the criminal justice process continues in accordance with the Indonesian criminal procedure law.]]>
<![CDATA[Liability To Third Parties Due to State Aircraft Accidents According to International And National Air Law ]]>
<![CDATA[Hanifaturrizqi, Yasmin Fara]]>;
<![CDATA[Latipulhayat, Atip]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 8 No 2 (2023) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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<![CDATA[This research highlights the pressing issue of the absence of state aircraft regulations demanding immediate attention. The coexistence of civil and state planes in the same airspace necessitates a thorough understanding of their interaction. However, international and national legal instruments have largely neglected state aircraft, focusing primarily on regulating air transportation and navigation for civil aviation. The research methodology employed for this study was normative juridical, involving examining library materials or secondary data using deductive thinking methods. The study's findings are clear: Firstly, in international law, the Convention on Compensation for Damage Caused by Aircraft to Third Parties 2009 and the Convention on Compensation for Damage to Third Parties 2009, Resulting from Acts of Unlawful Interference Involving Aircraft 2009 should be the standard for compensating third parties for losses resulting from aircraft activities. Secondly, at the national level, Law No. 1 of 2009 concerning Aviation and Minister of Transportation Regulation No. 77 of 2011 concerning the Responsibility of Air Transport Carriers must be used as a benchmark for fair compensation for losses to third parties due to aircraft activities. Governments must step up and ensure the safety and well-being of their citizens.]]>
<![CDATA[The Urgency of Implementing Exhausion of Local Remedies In Investment Dispute Settlement Regarding Mining Licenses In Indonesia ]]>
<![CDATA[Adiza, Salza Fadila]]>;
<![CDATA[Amalia, Prita]]>;
<![CDATA[Agusman, Damos Dumoli]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 9 No 1 (2024) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jlpt.v9i1.9294
<![CDATA[The exhaustion of local remedies (ELR) is a principle viewed as an exception rather than a rule in international investment law. Hence, it tends to be forgotten, and Investor-State Dispute Settlement (ISDS) is preferable in resolving disputes concerning mining licenses. However, this has proven detrimental to Indonesia as a developing country. This research aims to analyze ELR implementation in international investment law and the urgency of implementing ELR for Indonesia as a developing country. This research uses normative and comparative juridical methods to find that ELR remains an important principle despite being generally waived and that there is an urgency for Indonesia as a developing country to implement ELR to (1) reassert sovereignty; (2) minimize financial loss; (3) improve domestic adjudication and strengthen rule of law. Implementing ELR can be done through BITs by referring to India and Argentina as models. An amendment to domestic law and regulation is also needed to ensure the enforceability of ELR in Indonesia.]]>
<![CDATA[The Legal Dynamics Dual Positions of Batam Mayor as Head of BP Batam ]]>
<![CDATA[Handayani, Novia]]>;
<![CDATA[Affandi, Hernadi]]>;
<![CDATA[Susanto, Mei]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 9 No 1 (2024) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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<![CDATA[This article discusses the legal dynamics of the dual position of the Mayor of Batam as the Head of BP Batam. The focus of this research emphasizes the implications arising from the policy of Government Regulation No. 62/2019, which requires one individual to hold two strategic positions at once, namely as Mayor of Batam, who is authorized to manage the autonomous region and as Head of BP Batam who is authorized to manage investment and development of the Batam area into a special economic zone. This study aims to evaluate the implementation of this dual position policy. Using empirical legal research methods through interviews, literature review, and qualitative analysis, the findings indicate benefits such as increased synergy between economic development and public services. It allows for better coordination in managing the interests of the city and the industrial estate. However, this dual management structure risks weakening Batam's regional autonomy status and creating conflicts of interest that may affect the objectivity of decision-making. On the one hand, this policy is considered a practical solution to resolve the leadership dualism that has been occurring. On the other hand, this policy creates consequences and challenges. This study concludes that to optimize the benefits and minimize conflicts, it is necessary to harmonize more transparent regulations, more effective supervision, and the commitment of officials to prioritize the public interest for implementing local Government in Batam City.]]>
<![CDATA[Regional Government Strategy For Facing Cybercrime At Bank BSI Syariah Tanjungpinang ]]>
<![CDATA[Sofia, Sofia]]>;
<![CDATA[Nurlaily, Nurlaily]]>;
<![CDATA[Shahrullah, Rina Shahriyani]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 9 No 1 (2024) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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<![CDATA[This study aims to analyze the role of local government in formulating public policies for handling Cybercrime at BSI Syariah Bank in Tanjungpinang City. Cybercrime is a serious threat to the banking sector. Thus, local governments have a responsibility to protect the public and ensure security in transactions in this sector. This study uses qualitative research method using literature studies as a data source. Relevant literature sources such as journals, scientific articles, and related policy documents, are collected and analyzed qualitatively. The purpose of this study is to provide a better understanding of the role of local government in formulating effective public policies in handling cybercrime at BSI Syariah Bank in Tanjungpinang City. It is found that Bank BSI Syariah Tanjungpinang requires stronger prevention and control measures against Cybercrime. This includes increasing internal awareness, implementing appropriate security technologies, and collaborating with law enforcement authorities. Meanwhile, the Tanjungpinang City government needs to increase its role in enforcing strict policies and law enforcement against Cybercrime perpetrators, as well as strengthening cross-sector cooperation to deal with this threat effectively.]]>
<![CDATA[Consumer Protection in High Yield Promissory Notes Issued By PT Indosterling Optima Investa ]]>
<![CDATA[Tobing, Dian Riama L]]>;
<![CDATA[Sudirman, Lu]]>;
<![CDATA[Hutahuruk, Rufinus]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 9 No 1 (2024) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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<![CDATA[One of the impacts of the COVID-19 pandemic is the default of high-yield promissory notes issued by PT Indosterling Optima Investa. This default case has led to the criminal trial of the CEO of PT Indosterling Optima Investa, who was acquitted, and the PKPU (Postponement of Debt Payment Obligation) decision stipulating the restructuring of interest payments and principal debt to investors. This research aims to determine the form of responsibility of PT Indosterling Optima Investa as the issuer for the losses suffered by investors due to the default of high-yield promissory notes and what legal protections are available for investors against the default of high-yield promissory notes issued by PT Indosterling Optima Investa. The type of research used in this paper is empirical legal research, where law is conceptualized as a social institution that is realistically associated with other social variables.]]>
<![CDATA[Juridical Analysis Of Land Allocation Agreements Regarding Efforts To Take Over Land By BP Batam ]]>
<![CDATA[Siburian, Hasoloan]]>;
<![CDATA[Sudirman, Lu]]>;
<![CDATA[Syarief, Elza]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 9 No 1 (2024) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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<![CDATA[This research generally aims to determine the role of the Batam Concession Agency and the strategy of the Batam Concession Agency in managing land related to the existence of idle land. The research method used in this research is the normative juridical research method, namely a research method whose main data is obtained from statutory regulations. Based on the research results obtained and analyzed by land researchers in Batam City, it is regulated based on PERKA No. 3 of 2020 concerning the Implementation of Land Allocation, Land Rights in Batam City are divided into two, namely, HGB for 30 years and can be extended for 25 years, and Right to Use for 25 years and can be extended for 20 years, both rights can be renewed according to their interests . The position of the land agreement in Batam City is a product issued by BP Batam. The land agreement is made based on the request of the beneficiary of the Right to Get the approval from the head of BP Batam. Regarding idle land in the city of Batam, it is divided into two, land that has not yet completed administration and idle land that has completed administration but has not been utilized properly.]]>
<![CDATA[Comparison of Carbon Trading in Asean Countries: An Explanation From a Policy Perspective ]]>
<![CDATA[Rafiqi, Ilham Dwi]]>;
<![CDATA[Mentari, Nikmah]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 9 No 1 (2024) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jlpt.v9i1.9044
<![CDATA[Along with the threat of the climate crisis, countries in the world are starting to make efforts to mitigate and adapt to climate change. This commitment is outlined in the Earth Summit, Kyoto Protocol and even the Paris Agreement. One form of effort is to carry out carbon trading as an economic instrument in controlling climate change. In the course of its implementation, carbon trading can actually give rise to problems of conflict, evictions, violations of human rights, and even an increase in carbon emissions, especially for developing countries as carbon providers/carbon offsets. Thus, an assessment needs to be carried out to find out the source of the problem. This article aims to examine carbon trading policies in ASEAN countries in an effort to find comparisons as well as existing shortcomings or problems. The method used is normative legal research with a statutory approach and a comparative approach to examine differences in policies from each country. It is hoped that this article can provide a contribution in the form of an analytical picture and information that can help the government to continue to make improvements through economic instruments to control climate change.]]>
<![CDATA[Enacting Blue Economy in Indonesia: Addressing Climate Change within Global Legal Framework ]]>
<![CDATA[Sabatira, Febryani]]>;
<![CDATA[Davey, Orima]]>;
<![CDATA[Putri, Ria Wierma]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 8 No 2 (2023) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jlpt.v8i2.9047
<![CDATA[The World Bank has launched a maritime economic-environmental strategy referred to as the blue economy. This strategic initiative places a strong emphasis on sustainability in marine economic endeavors, aiming to generate both economic and social benefits while protecting the lasting integrity of marine ecosystems amidst the challenges of climate change. The core objective of the blue economy is to notably improve human welfare and social equity while simultaneously reducing environmental risks and ecological scarcities. The relevance of the blue economy concept is especially pronounced in countries with extensive water bodies, such as Indonesia. As an archipelagic state, Indonesia holds significant promise for the development and utilization of marine resources. Leveraging this economic potential holds the potential to create new job opportunities, enhance food security, and support the sustainability of global marine ecosystems. In this regard, adopting a blue economy strategy emerges as a compelling approach to achieve these objectives, especially given that a significant portion of Indonesia's population relies on traditional fishing for their livelihoods. The upcoming research aims to explore two fundamental aspects: firstly, the regulatory framework of the blue economy in relation to climate change, adhering to international legal standards; and secondly, the practical implementation of the blue economy in addressing climate change challenges specific to Indonesia. This research employs a normative research methodology, characterized by a problem-solving approach structured across a series of defined stages.]]>
<![CDATA[Postponement Of The Death Penalty: An Overview Of Human Rights And Restorative Justice ]]>
<![CDATA[Husin, Umar]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 9 No 1 (2024) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jlpt.v9i1.9131
<![CDATA[The implementation of the death penalty must be carried out with full consideration of the law and existing facts, so that in its implementation the death penalty must be measured and not imposed with careless considerations. One way to prevent errors in administering the death penalty is to provide a time lag between the execution and execution of the death sentence so that the convict is still given the opportunity to defend himself in order to explain the defense which can mitigate it. However, what is happening now is that many death sentences are being carried out with very quick executions. This certainly has an impact on potential violations of the rights of convicts. Therefore, this research will discuss further the retention of the death penalty from a human rights and restorative justice perspective. To analyze the problem, this research use normative method with regulatory, conceptual, and case approach. This research found in postponement of the execution of death row convicts has two jusctification are juridical justification and empirical justification. However, needs special regulation to arrange the posponement and it could be form in presidential regulation.]]>
