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JHCLS
Published by Lembaga Contrarius Institute
ISSN : 28072979     EISSN : 28072812     DOI : 10.33292
Core Subject : Health, Social,
Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice
Journal of Human Rights, Culture and Legal System is a double-blind review academic journal for Legal Studies published by Research and Social Study Institute. Journal of Human Rights, Culture and Legal System contains several researches and reviews on selected disciplines within several branches of Legal Studies (Sociology of Law, History of Law, Comparative Law, etc.). In addition, Journal of Human Rights, Culture and Legal System also covers multiple studies on law in a broader sense. This journal is periodically published (in March, July and November). The focus of Journal of Human Rights, Culture and Legal System is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. Journal of Human Rights, Culture and Legal System aims to provide a forum for lectures and researchers on applied law science to publish the original articles. The scope of Journal of Human Rights, Culture and Legal System is Criminal Law, Civil Law, International Law, Islamic Law, Agrarian Law, Administrative Law, Criminal Procedural Law, Commercial Law, Constitutional Law, Civil Procedural Law, Adat Law, Tourism Law and Environmental Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 134 Documents
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Environmental Justice at the Environmental Regulation in Indonesia and Uzbekistan Mukti, Hudali; Sobirov, Bobur Baxtishodovich
Journal of Human Rights, Culture and Legal System Vol. 3 No. 3 (2023): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v3i3.171

Abstract

Justice theory, which emphasizes the fair and equitable allocation of risks and benefits, has significantly influenced the idea of environmental justice. Indonesia and Uzbekistan have made it mandatory for laws and regulations to implement the concept of environmental justice. Still, in practice, the rules created give birth to social-environmental conflict dimensions that are increasingly prevalent and far removed from environmental justice. This research aims to understand and analyze environmental justice regulation in Indonesia and Uzbekistan. This research uses a normative juridical approach with a literature review involving primary and secondary legal sources. The results show that the provisions of the Job Creation Bill in the forestry and environmental sectors negate access to justice via litigation at the State Administrative Court (PTUN) so that there is no public space to continue an AMDAL decision or environmental approval as part of an environmental licensing instrument in the realm of administrative law.  Regulatory problems that co-occur and are followed by implementation problems at a later date relating to the legitimacy and protection of people's constitutional rights will harm the community's sense of justice. At the same time, the issue of environmental injustice in Uzbekistan arises from the ecological crisis beginning with green space, waste management, and the water crisis that has afflicted the nation, as indicated by the preceding explanation. The government must establish national policies, institutional instruments, and central and regional environmental management authorities to facilitate development with an eye toward environmental justice.
Artificial Intelligence and Quality of Composition Verdicts in Indonesia: Lessons from New Zealand Hidayah, Nur Putri; Wicaksono, Galih Wasis; Aditya, Christian Sri Kusuma; Munarko, Yuda
Journal of Human Rights, Culture and Legal System Vol. 4 No. 1 (2024): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v4i1.175

Abstract

The quality of the decision is not only related to the judge's considerations but also its suitability to the composition of the decision so that the resulting decision is not easily overturned at the level of legal action and increases public confidence in the judicial institution. This research aims to analyze the quality of judges' decisions in Indonesia in terms of the composition of the decision texts that have been made. This research uses normative legal research methods, a statutory approach, and a comparative approach. The study results show that decisions are not based on the structure of decisions determined by the Supreme Court. One of the reasons is the minimal use of AI, even though AI can help judges identify which parts of the decision structure are not yet in the decision prepared by the judge and improve them so that it is hoped that it will produce uniformity and decisions that are certain and not easily overturned. Indonesia needs to learn from New Zealand guidelines for using AI at the court and tribunal level. Judges can apply AI, some related to summarizing information and administration.
Techno-Prevention in Counterterrorism: Between Countering Crime and Human Rights Protection Masyhar, Ali; Emovwodo, Silaas Oghenemaro
Journal of Human Rights, Culture and Legal System Vol. 3 No. 3 (2023): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v3i3.176

Abstract

Terrorism has become a significant concern throughout the world. This concern is supported by the increasing use of the internet, which has triggered an increase in cyberattacks. This research aims to determine the role of governance in counter-cyber terrorism. The normative legal methodology utilized in this study results from an exhaustive literature evaluation. This research shows that the government's role is needed to counter cyber terrorism. Although the Indonesian government has initiated a national cybersecurity strategy and implemented short-term and long-term programs, some obstacles and challenges hinder its implementation. The ITE Law has encouraged Indonesia to establish policies and regulations regarding information security. There have yet to be any regulations regarding cyber-attacks to counter cyber terrorism. Various institutions with common interests in national defense and security, including the cyber domain, must collaborate with BSSN. Other government agencies that depend on each other include the TNI, Polri, Ministry of Defense, BIN, and Ministry of Communication and Information. Apart from that, governance is also needed, including international organizations, several non-governmental organizations (NGOs), government and private governance, and several other components. 
The Role of the Corporate Penalty System on Environmental Regulation Torodji, Rais; Hartiwiningsih, Hartiwiningsih; Handayani, I Gusti Ayu Ketut Rachmi; Nur, Muhammad
Journal of Human Rights, Culture and Legal System Vol. 3 No. 3 (2023): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v3i3.179

Abstract

Criminal acts Indonesia's environmental law has numerous issues and has long been regulated in Indonesia. However, the question is whether the Corporate Penalty System on Environmental Regulation can implement this policy. This research aims to analyze the role of the corporate penalty system in environmental regulation. This is normative legal research with secondary data from primary, secondary, and tertiary legal materials. The research results show, first, that the Corporate Penalty System on Environmental Regulation has overlapping regulations and the need for more clarity regarding corporate punishment, substantive issues, and law enforcement. The Indonesian government must focus on this to achieve an integrated corporate punishment system. In environmental regulations, the overlapping provisions of administrative and criminal law contribute to the unjust nature of the corporate punishment system. Therefore, it tends to vary from one location to the next. Second, the threat of punishment is not proportional to the heinousness of the act. Third, the absence of harmonization with prior legal arrangements resulted in disparate sentences. The best way to enforce environmental crimes committed by corporations is to have adequate regulations to work from; encouraging harsher penalties for social and economic losses will be detrimental to environmental justice; and implementing an integrated system of corporate punishment requires a variety of measures, such as enacting new regulations and focusing on ecological criminal law enforcement.
The Cabotage Principle on Law Enforcement for Licensing Ship Operations in Indonesian Waters Ratnawati, Elfrida; Arliman S, Laurensius; Budhianti, Meta Indah; Multi Wijaya, Vience Ratna; Razak, Aida Abdul
Journal of Human Rights, Culture and Legal System Vol. 3 No. 3 (2023): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v3i3.182

Abstract

This study aims to examine and comprehend the cabotage principle on law enforcement for licensing ship operations in Indonesian Waters. This study is a descriptive analysis of normative legal research.   Secondary data, comprising primary, secondary, and tertiary legal materials, is utilized. Techniques for collecting data involve library research, whereas techniques for analyzing data involve legal interpretation.  The study results show that Indonesia has regulated the cabotage principle in several regulations. However, supervision in applying this principle has not been optimal due to the increase in transactions between countries due to globalization and overlapping shipping permit issues marked by overlapping authority between the 13 (thirteen) mandated ministries/state institutions by 17 (seventeen) laws as law enforcement officers in marine and coastal areas. The overlap in authority referred to is characterized by the same authority to carry out supervision, pursuit, and investigation in Indonesia's maritime and jurisdictional areas.
State Officials Asset Disclosure: Evidence from China Widodo, Selamat; Nugroho, Hibnu; Raharjo, Agus; Prayitno, Kuat Puji; Zulhuda, Sony; Liu, Jie
Journal of Human Rights, Culture and Legal System Vol. 4 No. 1 (2024): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v4i1.187

Abstract

This study examines the anti-corruption movement's effect on state officials' asset reporting in Indonesia and China. The purpose of this study is to explore the impact of asset reporting on the level of corruption in Indonesia and compare the impact of asset disclosure on the level of corruption in China. The method used in this study is the normative juridical method. In Indonesia, we found that the reporting of assets official assets anti-corruption movement shows that despite the obligation to make asset reports for state officials, the level of corruption in Indonesia is still high. In China, there is a decrease in corruption in asset disclosure, an essential instrument of wealth transparency, preventing conflicts of interest, and upholding ethical standards in both the public and private spheres. Asset disclosure serves as a deterrent to corruption, maintains public trust, and ensures that individuals in positions of responsibility act in the best interests of the public or stakeholders they serve, statistically decreasing corruption rates in China. This study provides evidence of anti-corruption benefits from an asset reporting perspective, which can be helpful for governments seeking to improve anti-corruption innovation.
Administrative Discretion in Indonesia & Netherland Administrative Court: Authorities and Regulations Suparto, Suparto; Adinda, Fadhel Arjuna; Esanov, Azamat Esirgapovich; Normurotovna, Zamira Esanova
Journal of Human Rights, Culture and Legal System Vol. 4 No. 1 (2024): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v4i1.189

Abstract

Discretion is used by state administrators (executives) to resolve complex government situations while still paying attention to the public interest. The practice of discretion still causes problems and debates. This research seeks to examine issues in discretionary authority and its testing. This research is normative juridical research using primary and secondary legal materials. The research approach was carried out using a statutory and conceptual approach. An analysis of the regulations and practices of discretionary testing at SAC was also added to complete the arguments that will be compared between Indonesia and the Netherlands. The findings of this research show that regulations in Indonesia contain provisions governing the limits and scope of discretion as a reference for the government in issuing discretion, as well as instructions for testing discretion at the State Administrative Court. The authority to use discretion, which has encountered problems that have arisen, includes aspects of the meaning of discretion, which also include factual actions, aspects of the regulation of discretion which are carried out in detail in the law, procedural aspects in the use of discretion which require prior permission, and aspects of the possibility of rejection of discretion by superior officials. Regarding the comparison of discretionary tests in the SAC, in Indonesia, the discretionary test is not substantially regarding discretion but instead is on the abuse of authority in exercising discretion concerning the terms and objectives of the discretion and conformity with the AUPB. Meanwhile, the SAC carries out a 'reasonableness test'—limited to whether administrative powers have been exercised fairly. Therefore, the conditions for restricting the use of discretion must be carried out strictly and need to be based on the AUPB so that discretion is issued that is not arbitrary in the public interest because discretionary authority cannot be tested in the SAC.
Is the Master Civil Liable Based on Sea Freight Arrangements in Indonesia? Ratnawati, Elfrida; Wijaya, Vience Ratna Multi; Budhianti, Meta Indah; Sobirov, Bobur Baxtishodovich
Journal of Human Rights, Culture and Legal System Vol. 4 No. 1 (2024): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v4i1.194

Abstract

This research aims to analyze the regulations regarding the civil liability of the master based on the Maritime Transport Regulations in Indonesia. This research is normative legal research using secondary data and a statutory regulatory approach. The research results show that, first, if the captain, in carrying out his duties and authority, causes losses to shippers or passengers, including other material losses, due to his negligence, mistake, or error, then the master is not civilly responsible; however, if the master is due to negligence, mistake, or mistake, causing damage or destruction to the goods being transported or passengers suffering minor injuries, serious injuries, permanent disability, or death. Second, the weaknesses in the current regulation of ship worker responsibilities consist of legal weaknesses in terms of legal substance, where the responsibilities of ship workers have not been regulated strictly in the shipping law, and weaknesses in terms of legal structure, namely the legal understanding of law enforcement officials, which is still lacking in action. Shipping Crimes: There is no Special Court for Shipping Crimes, and Human Resources for Law Enforcement Officers for Shipping Crimes still needs to be improved.
The Impact of Land Reform Policies on the Sustainable Management of Natural Resources in Local Communities Putri, Fatma Ayu Jati; Ehsonov , Jasurbek Rustamovich
Journal of Human Rights, Culture and Legal System Vol. 4 No. 2 (2024): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v4i2.197

Abstract

One of the main components of the sustainable development program is land reform. At the same time, there is a lot of land conflict caused by sustainable development programs that accelerate investment through palm mining, which impacts local communities' forced takeover of land and the destruction of natural resources. The research aims to determine to what extent land reform programs impact the protection of local communities and sustainable management of natural resources. This research is descriptive, using statute, conceptual, and case approaches. As well as comparing with three countries - Indonesia, Australia, and the Netherlands - to find out the obstacles to implementing land reforms in the country. The results of this research are, first, that land reforms have a good impact on protecting local communities. However, sustainable natural resource management still takes time and consideration of some aspects. Second, there are still crucial obstacles that hinder the implementation of land reform in Indonesia, Australia, and the Netherlands.  Therefore, it is crucial to adopt a participatory and collaborative approach to planning and implementing land reform programs to guarantee that the interests of all parties are addressed sustainably and equitably.
The Regulation on Sexual Harassment in ASEAN Workers: Evidence from Several Countries Taufiqurrohman, Ahmad Asari; Wibowo , Dwi Edi; Victoria, Ong
Journal of Human Rights, Culture and Legal System Vol. 4 No. 2 (2024): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v4i2.198

Abstract

Despite the existence of numerous laws and regulations that govern policy arrangements for the management of sexual harassment cases, victims still lack access to justice. This research examines the rules governing the management of sexual harassment cases in the workplace, with a particular emphasis on ASEAN member countries. This research employs normative juridical methods, which include statutory, conceptual, and comparative approaches. The research results show that, despite the existence of the 1955 Employment Law and Criminal Code in Malaysia, the incidence of sexual harassment continues to rise. To address this issue, it is critical to involve all employees in the development, execution, and oversight of workplace policies. Second, Singapore's primary law for dealing with sexual harassment, the Protection from Harassment Act, is accompanied by an employment law. Nevertheless, there are apprehensions regarding the inadequate remedies, uncertainty, and statutory protections against harassment, particularly in the workplace. Third, Indonesia has implemented numerous laws and regulations to manage sexual harassment cases. However, the government still faces challenges, such as an incomplete and insufficient legal framework, which results in victims being denied justice. Fourth, the effective implementation and protection of women's rights necessitate a comprehensive approach that considers cultural sensitivities, regional dynamics, and international norms to reconstruct sexual harassment regulations in ASEAN countries. As a result, it is critical to establish an anti-sexual harassment organizational culture and restructure sexual harassment regulations to protect victims' rights.

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