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Legislatif
Published by Universitas Hasanuddin
ISSN : 26543982     EISSN : 27228797     DOI : https://journal.unhas.ac.id/index.php/jhl/index
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Tujuan junal ini adalah untuk menyediakan tempat bagi mahasiswa hukum seluruh indonesia untuk menerbitkan artikel yang dibuat original (asli) bukan saduran maupun terjemahan. Ruang Lingkup artikel yang diterbitkan dalam jurnal ini membahas terkait Isu Hukum.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 88 Documents
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Kepentingan Korban vs Kepentingan Hukum: Implementasi Penanganan Kasus Kekerasan Seksual di Perguruan Tinggi andini, oringustaandini
Legislatif VOLUME 7 NOMOR 1 2023
Publisher : UKM Lembaga Penalaran dan Penulisan Karya Ilmiah Fakultas Hukum Universitas Hasanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/jl.v7i1.31427

Abstract

This study aims to describe the obstacles in handling sexual violence cases in universities, namely the reluctance of victims to report cases of sexual violence to law enforcement officials. This research uses normative research methods with basic approach and statutory approach. The Regulation of the Minister of Education, Culture, Research, and Technology of the Republic of Indonesia Number 30 year 2021 concerning the Prevention and Handling of Sexual Violence in Higher Education and Law 12 Number year 2022 Sexual Violence Criminal Acts doesn’t necessarily make victims free from fear over their reporting even it’s a legal interest as well as a mandate of the TPKS law, the reluctance of victims to take legal action for the sake of mental health is the choice and interest of victims. This situation makes the legal interests and the interests of the victim face each other and has the potential to make the perpetrator of sexual violence report the victim for the report he submitted to the sexual violence companion under the pretext of defamation or defamation crimes. This article recommends that in carrying out their duties, sexual violence assistants can better interpret the best interests of victims so that victims of sexual violence in handling them are also given legal education in the hope of increasing legal awareness of legal interests, but if the victims are still reluctant to report because psychological impact, it can be ruled out because the best interests of the victim are the thing that must come first.
Analisis Teori Keadilan Jhon Ralws terhadap Pembatasa Hak Pilih TNI dalam Bingkai Demokrasi Pancasila Candra Vira Faradillah
Legislatif VOLUME 7 NOMOR 1 2023
Publisher : UKM Lembaga Penalaran dan Penulisan Karya Ilmiah Fakultas Hukum Universitas Hasanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/jl.v7i1.32092

Abstract

This research discusses the restriction of TNI's voting rights in the context of Pancasila democracy, focusing on the dualism between the fulfillment of human rights and justice. A critical analysis of John Rawls' theory of justice is used as a conceptual framework to investigate the impact of such restrictions on democratic principles oriented towards the fulfillment of human rights and social justice. The results of this research are expected to provide valuable insights into the conceptual dilemma arising from this dualism, as well as provide a basis for constructive debate on whether or not such restrictions should be imposed. This research is normative-empirical legal research with data collection techniques in the form of an interview with a respondent to find out his experience related to the topic of study. The results of this study show that the limitation of TNI's voting rights cannot be separated from the history of TNI's involvement in government politics which is considered too overpowering and endangers the interests and creates injustice for the Indonesian people at large. The unequal position between the two is also feared to create unfair elections. Thus, when viewed from John Rawls' theory of justice, the restriction of TNI's voting rights is not a form of state discrimination against TNI members, but rather a form of affirmative action to create fair elections within the framework of Pancasila democracy.
FIGHTING ENERGY POVERTY IN LANDS TRIGGERED BY NATURAL HAZARDS: THE CASE OF MACERATA FELTRIA, PIEVE TORINA AND MUCCIA Allegranti, Ivan
Legislatif VOLUME 7 NOMOR 1 2023
Publisher : UKM Lembaga Penalaran dan Penulisan Karya Ilmiah Fakultas Hukum Universitas Hasanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Access to energy has been, especially in recent times after the Ukrainian War and recent natural hazards, a significant theme among European policymakers. Still, there are some parts of Italy, especially the Marche region, which since 2016 are living in an emergency because of the seismic events. Considering this situation, this paper investigates the policy adopted by the Italian Government and the ARERA Authority regarding electricity bills in the territories affected by the natural hazard. This paper aims to highlight how, in lands triggered by a disaster, the most convenient solution to combat the accessibility of energy and the consequent energy poverty of the evacuees, is the creation of energy communities. In this regard – also thanks to the Directive EU 2018/ 2001 (also known for RED II Directive), the funds of the Next Generation EU and the recent Marche Regional Law of 11 June 2021 n. 10 which can contribute to an increase in the creation by rural areas communities of new energy communities – there are already case studies and best practices such as those Macerata Feltria (Pesaro-Urbino) and the future developments of Muccia and Pieve Torina (both located in the crater of the Marche region in the province of Macerata), than can be taken as an example for future developments of energy communities in the Italian rural areas affected by a disaster.
URGENSI PERUBAHAN DEFINISI PEMBAJAKAN PADA REZIM PELINDUNGAN HAK CIPTA DIGITAL DI INDONESIA Kamila, Deasy; Permata, Rika Ratna; Wijaya, Viona
Legislatif VOLUME 7 NOMOR 2 2024
Publisher : UKM Lembaga Penalaran dan Penulisan Karya Ilmiah Fakultas Hukum Universitas Hasanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/jl.v7i2.35104

Abstract

Technological developments have brought changes in various sectors of life, including copyright protection. The presence of subscription-based streaming platforms has changed the way individuals enjoy digital creative works. Along with the rapid pace of technological development, a new phenomenon in digital copyright infringement activities has emerged, namely the illegal sale of subscription-based streaming platform accounts. This research aims to examine the need for revising provisions regarding digital copyright protection, especially the definition of piracy. The research method used is normative legal research through offline and online document studies, using qualitative descriptive data analysis methods to obtain explanatory conclusions. Based on the research results, it was found that the current legal framework for protecting digital copyright cannot protect creators and copyright license holders from the illegal sale of streaming accounts. The access structure in subscription-based streaming platforms has substantially changed how copyrighted content is enjoyed and how piracy can be conducted. Based on this, the author concludes that it is necessary to change the definition of piracy within the scope of copyright protection by adding the element of 'illegal access' so that copyright protection in the digital era can be carried out optimally.
DILEMA DAN PERKEMBANGAN ANTI-SLAPP DI INDONESIA: IMPLIKASI PERMA 1/2023 DAN KOMPARASI DENGAN NEGARA LAIN Simandjuntak, Jody; Gomulia, Arauna Bianca; Riyadi, Falindevrie Yusuf; Zebua, Gladys Jennifer Nadila; Hartawan, Yolanda Amorita Virginia
Legislatif VOLUME 7 NOMOR 2 2024
Publisher : UKM Lembaga Penalaran dan Penulisan Karya Ilmiah Fakultas Hukum Universitas Hasanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/jl.v7i2.35500

Abstract

Strategic Lawsuit Against Public Participation (SLAPP) phenomenon is becoming increasingly prevalent in Indonesia, threatening the critical voices of the public, activists, and journalists. Indonesia has taken measures to combat SLAPP through Article 66 of Law Number 32 of 2009 (UUPPLH) and Supreme Court Regulation Number 1 of 2023 (Perma 1/2023). Nevertheless, these regulations are not yet comprehensive compared to those in countries like the United States and Canada, which have clearer and broader definitions and procedures. This study uses a normative juridical method with legislative, comparative, and conceptual approaches to examine Anti Eco-SLAPP regulations in Indonesia and compare them with those in other countries. The results indicate that although Perma 1/2023 strengthens legal protection against SLAPP, there are still weaknesses, such as unclear mechanisms for compensation and the burden of proof. Comparative studies show that Anti-SLAPP regulations in the United States and Canada offer more comprehensive protection and more effective legal procedures to prevent SLAPP. The study concludes that despite significant progress with Perma 1/2023, Indonesia needs to adopt clearer definitions and stronger procedures for legal protection against SLAPP, learning from practices in other countries to more effectively protect public participation rights.
POTRET ABUSIVE JUDICIAL REVIEW DI MASA PEMERINTAHAN PRESIDEN JOKO WIDODO Oktavia, Enika; Noviyanti, Mely; Safari, Dalpin
Legislatif VOLUME 7 NOMOR 2 2024
Publisher : UKM Lembaga Penalaran dan Penulisan Karya Ilmiah Fakultas Hukum Universitas Hasanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/jl.v7i2.35506

Abstract

In recent developments, Indonesia, as a democratic nation, emphasizes the government by the people, for the people, and of the people. The core of this democracy is reflected in the electoral process conducted every five years, ensuring the cyclical nature of government based on the people's mandate. However, the manipulation of the judicial system by the ruling government through the Supreme Court and Constitutional Court has raised concerns. This study investigates the phenomenon known as Abusive Judicial Review, where the judiciary, initially intended to oversee the hierarchy of laws and the constitution, is influenced by those in power. Utilizing normative legal research, this paper explores the extent to which judicial decisions can be swayed by political interests, thereby undermining democracy. The findings reveal that the judiciary's independence is compromised, resulting in decisions that serve the interests of the ruling regime rather than upholding democratic principles. This study offers a critical analysis of significant cases and proposes measures to protect judicial integrity. The novelty of this research lies in its comprehensive examination of the systemic issues within Indonesia's judiciary and its implications for democracy. The conclusion underscores the urgent need for reforms to safeguard the judicial process from political interference.
POLICEAI: UPAYA AKSELERASI PENANGGULANGAN KETIDAKPROFESIONALAN APARAT KEPOLISIAN TERHADAP PELAYANAN MASYARAKAT Hamriani, Indarwati; Tussaida, Fauzia
Legislatif VOLUME 7 NOMOR 2 2024
Publisher : UKM Lembaga Penalaran dan Penulisan Karya Ilmiah Fakultas Hukum Universitas Hasanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/jl.v7i2.36953

Abstract

Based on data from Komnas HAM, a significant number of public complaints are directed at police officers, particularly concerning unprofessionalism and procedural inaccuracies by law enforcement officials. The data indicates that public concerns about the performance and quality of police officers increase every year. Therefore, the purpose of this research is to identify the factors contributing to the unprofessionalism of police officers and to explore strategies and solutions to address these issues. The research method used is empirical research. The results reveal various factors that cause police officers to be perceived as unprofessional in carrying out their duties and responsibilities, including political intervention, where law enforcement is influenced by political interests; structural weaknesses exacerbated by the era of technological advancements, leading to the emergence of new types of crimes that require police officers to adopt an adaptive approach; and investigative challenges, particularly difficulties in gathering strong evidence. Consequently, the introduction of PoliceAI, which is equipped with various features, is expected to assist police officers in overcoming these challenges and enhancing law enforcement in Indonesia. In conclusion, PoliceAI presents a practical and implementable solution to the challenges faced by police officers in law enforcement.
SMART POLICE: SOLUSI ATAS LAW ENFORCEMENT TERHADAP PELANGGARAN LALU LINTAS DALAM MEWUJUDKAN INDONESIA YANG BERINTEGRITAS Hardiani, Leni; Lenni
Legislatif VOLUME 7 NOMOR 2 2024
Publisher : UKM Lembaga Penalaran dan Penulisan Karya Ilmiah Fakultas Hukum Universitas Hasanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/jl.v7i2.36955

Abstract

Traffic violations often occur in Indonesian in due to low public awareness of traffic rules, leading to congestion and accidents with material losses reaching trillions of rupiah Indonesian. This study aims to outline the regulations governing traffic law enforcement in Indonesian and to project how Smart Police technology can enhance enforcement of traffic violations, contributing to a more integrated Indonesian. The study uses a normative method with a legislative approach, utilizing secondary data from various literature sources, which are then analyzed deductively to examine the legal rules and topics addressed. Law No. 22/2009 (LLAJ Law) on Road Traffic and Transportation emphasizes that traffic order can create a safe environment and stresses the importance of awareness and discipline among road users. Smart Police technology can support law enforcement more effectively by aiding in the monitoring and addressing of traffic violations quickly and accurately. Designed to maintain order on the roads, Smart Police enhances driver safety through its real-time detection and prevention capabilities. Equipped with artificial intelligence, specialized security features, and other functionalities, Smart Police improves interaction with motorists and connects directly with law enforcement for more efficient legal enforcement. It represents an innovative solution for improving driving safety and public order.
Implikasi Hukum dan Psikologis Penerapan Praktik Outsourcing Berdasarkan Undang-Undang Cipta Kerja Terhadap Pekerja/Buruh Sitanggang, Tio Theresia; Simanullang, R.A. Hotmartua; Ferencia, Viony
Legislatif VOLUME 8 NOMOR 1 2024
Publisher : UKM Lembaga Penalaran dan Penulisan Karya Ilmiah Fakultas Hukum Universitas Hasanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/jl.v8i1.35160

Abstract

The provisions in Article 64 of Law No. 13/2003 on Manpower regulate work agreements between companies that have the ability to hand over part of the execution of work to other companies through the mechanism of a work contract or the provision of worker/labor services, which is often referred to as an “outsourcing contract”. However, outsourcing schemes pose a great risk to workers/laborers, as indicated by legal uncertainty regarding the existence of outsourced workers/laborers and the increased possibility of job insecurity. Changes to the Manpower Law in Law No. 6 of 2023 on the Stipulation of Government Regulation in Lieu of Law No. 2 of 2022 still fail to meet the expectations of workers/laborers regarding the outsourcing system This research uses a normative legal research approach with the method of analyzing regulations in the Manpower Law and its comparison with the Cipta Kerja Law. The results of this study show that: firstly, national development aims to create welfare through employment, but outsourcing practices often harm workers by not guaranteeing their rights; secondly, changes to outsourcing-related regulations in the UUCK have cut worker protections, leading to uncertainty over working status and increased stress and anxiety that reduce worker performance; and thirdly, the many issues of outsourcing practices have led to a number of problems.
URGENSI PENGATURAN MENGENAI LARANGAN DISKRIMINASI USIA DALAM PROSES REKRUTMEN DI INDONESIA Simanullang, R. A Hotmartua; Sitanggang, Tio Theresia; Ferencia, Viony; Tambunan, Johannes Leonard; Wibowo, Bagus Sultan; Afnila; Yusrin
Legislatif VOLUME 8 NOMOR 1 2024
Publisher : UKM Lembaga Penalaran dan Penulisan Karya Ilmiah Fakultas Hukum Universitas Hasanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/jl.v8i1.41581

Abstract

Age discrimination in recruitment processes remains a significant issue in Indonesia, where many companies set age limits for job seekers. This practice is allowed under Article 35 of Law 13/2003, which grants employers the freedom to establish their own job requirements, resulting in injustice and limiting job opportunities for older individuals. This study uses a normative legal research approach, analyzing age discrimination regulations in various countries, as well as an analysis of Constitutional Court Decision Number 35/PUU-XXII/2024 and a conceptual approach to develop an anti-discrimination legal framework. The results show that age restrictions in recruitment are discriminatory, failing to provide legal justice, certainty, and benefits for job seekers. Legal studies of other countries regulations reveal that countries like the Philippines and Germany have explicit laws prohibiting age-based discrimination in employment. Although the Constitutional Court rejected the claim that Article 35 of Law 13/2003 is unconstitutional, a dissenting opinion from the judge highlighted the subjectivity of age-based requirements. This underscores the need for legislative reforms in Indonesia to establish clear anti-age discrimination laws, ensuring fairness and equal opportunities in recruitment processes. Therefore, it is crucial to implement policies that focus on job seekers competencies, experience, and skills, without being influenced by age.

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