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Indonesian Journal of Law and Society Faculty of Law, University of Jember Jalan Kalimantan No. 37 Jember East Java, Indonesia 68121 Tel: (+62) 331 335462, 322808 Fax: (+62) 330 482, 322809
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INDONESIA
Indonesian Journal of Law and Society
Published by Universitas Jember
ISSN : 27224074     EISSN : 27224074     DOI : https://doi.org/10.19184/ijls.v1i2.18091
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
The Indonesian Journal of Law and Society is an international peer-reviewed journal published by the Faculty of Law, University of Jember, Indonesia. The publication contains a rich store of legal literature analyzing legal development. This platform continues to advance the boundaries of global and local developments in law, policy, and legal practice by publishing cogent and timely articles, commentaries, and book reviews on a biannual basis. The journal covers both domestic and international legal developments. This platform provides a venue for distinguished scholars and new academics around the world to share their academic works. The publication is primarily dedicated to encouraging scholarly attention and advancing the intimate knowledge of recent discourses on law and society. This journal recognizes that the boundaries in the study of law have become increasingly porous. So too, there is a relevant relationship between law and society. The publication in this journal reflects and values this intellectual cross-fertilization.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 64 Documents
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Addressing the Necessity for a 'Witness Protection Law' to Eliminate Backlogs in Criminal Cases in Bangladesh Md Khalid Rahman; Md Maksudur Rahman
Indonesian Journal of Law and Society Vol 3 No 2 (2022): Technology and Humanity: The Future of Global Village
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v3i2.33611

Abstract

The testimony of the witness is regarded as the primary evidence by the court when convicting someone under criminal law. Consequently, the accused makes the witness their major target in an effort to disrupt a fair trial, which makes the witness uninterested in supporting the allegation. However, Bangladesh does not currently have a law specifically addressing witness protection, while the need for such a law is growing, and the concerned parties and the court are urging the government to do so. This paper aims to show that the witness protection statute significantly influences the reduction of criminal case backlogs. To investigate the aforementioned argument, the writers have considered the witness protection law and the backlog in criminal cases. Besides, this research emphasizes the necessity for effective witness protection measures by drafting thorough criminal legislation in Bangladesh. The authors applied the quantitative approach using a systematic questionnaire to conduct a survey of 271 respondents, who were chosen by the researchers to comprehensively understand the necessity for witness protection laws and how they relate to the backlog of criminal cases to substantiate the paper's argument. Witness testimony is important evidence, yet the law of our country makes no separate anticipation of witness protection. Occasionally, witnesses are threatened, which makes them unwilling to testify honestly and obstructs the delivery of impartial justice. Besides, witnesses decide not to testify because they fear being marked out in the future. Consequently, every day that the case is unresolved adds to the backlog at the court. Only when separate laws were to be created for the witnesses would it benefit the witnesses and reduce backlogs.
State Obligation in Fulfilling the Right to Health through the Mandatory COVID-19 Vaccination Nanik Prasetyoningsih; Zaid Zaid; Wempy Setyabudi Hernowo; Faishal Hilmy
Indonesian Journal of Law and Society Vol 3 No 2 (2022): Technology and Humanity: The Future of Global Village
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v3i2.33651

Abstract

The spread of the COVID-19 virus has become a major international health crisis. Most governments worldwide have had to impose severe restrictions on their citizens' freedoms due to the outbreak to contain the disease. After the vaccine for COVID-19 became available, many countries, including Indonesia, implemented mandatory COVID-19 vaccination. This policy is very controversial to be debated, especially regarding human rights violations (the right to freedom of choice). Therefore, this normative juridical study investigates the state's responsibility in fulfilling citizens' health rights through mandatory COVID-19 vaccination in the human rights aspect. According to the study's findings, for the sake of achieving public health safety and security as well as the fulfillment of public health rights, on that basis, the state is allowed to enforce mandatory COVID-19 vaccination. Nevertheless, the state should continue to apply it humanely that does not violate human rights by ensuring freedom from torture, cruelty, inhumanity, or any other medically degrading dignity, including freedom from medical experiments and research and forced sterilization not having informed consent. On the other hand, the state is also responsible for providing health goods and facilities without discrimination against race. Non-discrimination is essential to realize the high degree of health to be achieved. There must be accessibility, acceptability, and high quality in all products, services, and infrastructure. Lastly, the state may regulate immunizations to be administered selectively to provide maximum benefit to those most at risk.
The Pathology of Iranian Taxation Proceedings System Fatemeh Kohan; Abolfazl Jafar Gholi Khani; Saeed Reza Abadi
Indonesian Journal of Law and Society Vol 3 No 2 (2022): Technology and Humanity: The Future of Global Village
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v3i2.24071

Abstract

In terms of legal and criminal law and criminology, damage to the tax system is one of the most important threats. In addition, the tax system faces more severe litigation challenges due to unprecedented and oppressive sanctions against Iran and the outbreak of COVID-19 and its devastating economic consequences. This study investigates the weaknesses, strengths, opportunities, and challenges of the tax proceedings system in Iran in an analytical-descriptive method. The pathology of an efficient tax proceedings system in Iran can help reduce the number of cases in the courts, collect useful information from the Iranian National Tax Administration (INTA) about the taxpayers' economic activities, increase taxpayers' satisfaction, and so on. The study finds that tax authorities should (1) enact the law on the types of taxes and rates, (2) delineate the legal and regulatory structure, (3) provide free or low-cost accounting services, (4) decree penalties for violators, (5) intensify inspections, (6) augment control programs to record the taxpayers’ records properly, (7) accurately and timely fill out income tax returns, and (8)Tax authorities should be informed of companies and individuals who declare their profits suspiciously and take the necessary measures. Moreover, our findings show that tax officials' professional and intimate behavior with taxpayers could effectively inform the guidelines, prepare profit and loss statements, and achieve taxable profit.
Realizing a Polite Society on Social Media: ASEAN and EU Perspectives Sholahuddin Al-Fatih; Abdurrahman Raden Aji Haqqi; Asrul Ibrahim Nur
Indonesian Journal of Law and Society Vol 3 No 2 (2022): Technology and Humanity: The Future of Global Village
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v3i2.33430

Abstract

The flow of information technology development cannot be contained. Migration from the era of citizens to netizens is an impossible thing to avoid. This study aims to examine the relationship between the development of information technology in the digital era, especially on social media, and the Human Rights perspective. This research uses normative legal research methods to find ideal formulations and boundaries for netizens to become polite people interacting on social media. The results of this study show that Indonesian's right to an opinion on social media is a constitutional right that has been regulated in the 1945 NRI Constitution and the UDHR. However, freedom of speech does not mean that there are no limits. The limitations of freedom of speech on social media are through the limitations of norms, especially norms of politeness and decency, whose values are universal.
Legislative Policy and Accountability for Pollution Crimes by Ship Operations in Indonesian Waters Huzaeni, Muchamad; Basri, Achmad Hasan
Indonesian Journal of Law and Society Vol 4 No 1 (2023): International Business and Crimes in Modern Society
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v4i1.38415

Abstract

Tujuan dari tulisan ini adalah mengkaji kebijakan legislatif yang mengatur tindak pidana pencemaran di perairan Indonesia berdasarkan UU PPLH dan UU Perkapalan serta pertanggungjawaban pidana bagi pelaku pencemaran di perairan Indonesia. Penelitian menggunakan metode yuridis normatif dengan pendekatan penegakan hukum, pendekatan kasus, dan pendekatan komparatif. Hasil penelitian tersebut merupakan kebijakan legislatif tentang pencemaran di perairan yang diatur dalam UU PPLH dengan UU Perkapalan, telah terjadi ketidakselarasan norma terkait tindak pidana pencemaran di perairan yang dilakukan oleh operasional kapal, ketentuan hukuman pidana atau denda yang berbeda sehingga dalam penerapannya menjadi multitafsir dan akan berdampak pada ketidakpastian. Pertanggungjawaban pidana bagi pelaku pencemaran di perairan dapat diterapkan berdasarkan UU Perkapalan. Terhadap awak kapal yang lalai melakukan pencegahan mengikuti Pasal 324 jo 227 UU Pelayaran. Terhadap kapten, apabila berkaitan dengan pengoperasian kapal di luar ketentuan, serta terhadap siapapun yang berada di dalam kapal yang tidak membutuhkan perintah kapten atau awak kapal yang diilustrasikan oleh Pasal 325 jo 229 UU Pelayaran.
The Freedom of Contract Ali, Moh.; Prakoso, Bhim
Indonesian Journal of Law and Society Vol 4 No 1 (2023): International Business and Crimes in Modern Society
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v4i1.38486

Abstract

The presence of free trade zone and the increase in cross-border trade, have led to a significant increase in transnational legal relations. As a result, international contracts have become more common, and the principles of freedom of contract, including the freedom to choose the law and forum, have become increasingly important. Freedom of contract is a very universal principle. Almost all countries in the world recognize it as a very fundamental principle in contracts, even in international business contracts. This principle recognizes that contracts made by the parties act as laws for the parties that compile them. However, there is still lacking consistency among Indonesian judges in their interpretation of the choice of law and forum in international contracts. This study examined the raison d’ etre of different views and decisions of Indonesian judges in interpreting the choice of law and the choice of forum, and its implication to the principle of legal certainty in international business disputes. Through the normative legal research which elaborated with a case study, this research finds that The views of some Indonesian court judges deviate from the principle of freedom of contract where the law that has been chosen by the parties is based on considerations of the principle of effectiveness besides focusing on the nature of the case handled so that the decision can be executable. The court may need to balance the principle of freedom of contract with other important considerations in order to arrive at a fair decision. This is why it is important for judges to have a clear understanding of both the principles of freedom of contract and the practical implications of their decisions in order to promote legal certainty in international business transactions.
The Criminal Liability of Spreading Fake News on Social Media in Indonesia Santoso, Sinung Teguh; Tanuwijaya, Fannny; Suarda, I Gede Widhiana
Indonesian Journal of Law and Society Vol 4 No 1 (2023): International Business and Crimes in Modern Society
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v4i1.30555

Abstract

The spread of fake news on social media raises many legal problems in Indonesia. These legal problems are mainly seen in the formulation of the law as well as in the law enforcement area. Legal problems related to the spread of fake news must be resolved at the level of legislation, policy, and law enforcement because it negatively impacts someone. In addition, studies on the spread of fake news in the Indonesian context are still overlooked. Therefore, reviewing the regulation on criminal liability for those who spread fake news on social media in Indonesia is very important. The doctrinal legal research methodology investigated three main issues discussed in this article. First, the current study shows that the act of spreading fake news on social media cannot be charged with Article 28 of the Indonesia Law Number 19 of 2016 concerning amendments to Law Number 8 of 2011 concerning Information and Electronic Transactions. Second, from several Indonesian court decisions studied, judges in deciding cases of spreading fake news on social media applied Law Number I of 1946 concerning Criminal Law. Lastly, related to criminal law reform, spreading fake news on social media should also be regulated by the Information and Electronic Transactions Laws.
The Legal Protection for Young Domestic Workers in Ethiopia Degu, Temesgen Abebe
Indonesian Journal of Law and Society Vol 4 No 1 (2023): International Business and Crimes in Modern Society
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v4i1.34844

Abstract

As the saying goes, the child is the father of the man. We must properly bring up and protect our children today not least because in the future they will shoulder huge responsibility in taking charge of this country after replacing us. In many countries, especially developing ones like Ethiopia, children engage in different types of works for various reasons. Domestic work is one of such sector. Child (domestic) work is not prohibited if it is done by those above the minimum working age (14 years) under a condition that is not exploitative. The problem in Ethiopia, though, is that (child) domestic work is altogether excluded from legal protection (under the labour proclamation). Without formal regulation, child domestics are prone to exploitation by their employers. This kind of exploitation is a human rights violation in addition to being a serious development concern and gender equality challenge. This research aims at examining the adequacy of legal protection for young domestic workers under the Ethiopian legal system. To this end, the research employs a cross-sectional qualitative research design. Within this design, the research adopts a phenomenological methodology. The research concludes that there is inadequate legal protection for young domestic workers in Ethiopia beginning from formation of contract to terms of employment and working conditions.
Revisiting the Customs Act 1969 in line with WCO’s International Convention on the Simplification and Harmonization of Customs Procedures 1974 Islam, Mohammad Towhidul; Alam, Khurshid
Indonesian Journal of Law and Society Vol 4 No 1 (2023): International Business and Crimes in Modern Society
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v4i1.29096

Abstract

In the present-day system of integrated world economy, the administration of customs or customs procedure clearly carries considerable effects on the trade transactions both within the border and beyond. In fact, the gravity of the cross-border business potentials leads to the realization of simplifying and harmonizing the customs procedures all over the world. Moreover, the development and operation of the modern customs administration signifies, by and large, a radical shift from the revenue collection to the trade facilitation focus. In the current day, it has become almost a universal belief that trade facilitation and removal of trade barriers go hand in hand with simplification and harmonization of customs procedures. The World Customs Organization (WCO) with this in mind had the Revised Kyoto Convention (RKC) enacted in 1974. The customs regime of Bangladesh is still dependant on the half century old the Customs Act, 1969. Although some changes have been brought to bring it in line with the RKC, many of its provisions are still the same. This creates an impediment towards trade facilitation and economic growth. This paper discusses the differences between the provisions of RKC and Customs Act, 1969 and recommends the changes that are required to be brought in the customs regime of Bangladesh for overall trade facilitation and economic development of the country.
The Legal Protection of the Digital Platform Workers in Indonesia Aminuddin, Nur Afifah; Kusumawati, Erna Dyah
Indonesian Journal of Law and Society Vol 4 No 2 (2023): Environmental Justice, Gig Economy, and Human Rights In Contemporary Society
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v4i2.41915

Abstract

This study analyzes labor law arrangements in Indonesia, Germany and United Kingdom, mainly how several countries protect digital platform workers. Furthermore, this research evaluates the implementation of such a law to advance labor law in Indonesia in protecting digital platforms workers. This research used normative legal analysis, employing a statutory, conceptual, and comparative approach with Germany and the United Kingdom. The results indicate that the dynamics of new employment status or partnership working relationships and workers’ flexibility in the gig economy phenomenon are not only found in Indonesia. Several countries, for example, Germany and United Kingdom, have found strategies to tackle this phenomenon. The government can address the above employment problems in two approaches: via court decisions and amending or revising relevant legislation. Classifying the status of employment relationships in this new phenomenon is crucial for implementation in Indonesia. In the future, such classification can be used as a reference in developing Indonesian Labor Law. The government should consider the necessary substantive protections for workers, from flexible working arrangements to creating new standards more responsive to the structure of growing organizations and the emergence of algorithmic management.

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