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Audito Comparative Law Journal (ACLJ)
Published by Universitas Muhammadiyah Malang
ISSN : 27231968     EISSN : 27232476     DOI : https://doi.org/10.22219/aclj.v3i1.19873
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Audito Comparative Law Journal is a refereed scholarly journal with a genuinely global reach, publishing theoretical, doctrinal, socio-legal, and empirical contributions, managed by the Master of Law, DPPS, University of Muhammadiyah Malang, Indonesia. This journal is a pioneering open-access forum in publishing works that promote up-to-date legal scholarships in the South East Asia countries, specializing in comparative law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 76 Documents
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Comparative Study of State Jurisdiction: The Protection Towards Geographical Indication at Indonesia, the EU and US Rianda Dirkareshza; Anni Alvionita Simanjuntak
Audito Comparative Law Journal (ACLJ) Vol. 4 No. 2 (2023): May 2023
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v4i2.26434

Abstract

Geographical Indication (GI) is one of the Intellectual Property Rights features. In this instance, one component that needs to be highlighted is its registration. Unfortunately, there are several infringements of Indonesian GI exist, such as Indonesian product registration being claimed by foreigners or outsiders. This article examines the legal protection of Geographical Indications based on Indonesian Legal Instruments and the law of outsiders parties and the international’s rule in Geographical Indication dispute settlement among countries. This article uses normative juridical research methods with a descriptive-analytical approach using national and international laws and relevant regulations to its issues. The findings revealed that protecting Geographical Indications in the International domain often causes polemics due to the need for firmness regarding the International Agreements’ substance. The arrangement of Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) merely requires legal provisions for each country in protecting Geographical Indications. Consequently, each country has fundamental different legal for protecting GI, and the legal uncertainty in International Agreement raises new issues.
Extension Time Presidential Office Through Delay General Elections in A Constitutional Democracy Perspective Makmun, Fatimatuz Zakiya; Al-Fatih, Sholahuddin
Audito Comparative Law Journal (ACLJ) Vol. 4 No. 3 (2023): September 2023
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v4i3.26940

Abstract

A democratic system in the state, which uses the rule of law system (rechtstaat), is a constitutional democracy. Constitutional democracy is a system which respects and implements the mandate of the Constitution and applicable laws. Constitutional law aims to create discipline, peace and welfare in a country based on applicable law. Constitutional democracy is a system applied in many countries worldwide, without exception in Indonesia. In Indonesia, an applied system is a presidential one. Thus, the leader of the government is the president and vice president. The regulation on the terms of office for the president and vice president was written in Article 7 of the 1945 Constitution of the Republic of Indonesia. Meanwhile, the general election mechanism is written in regulated law number 7/2017. Regarding the terms of office for the president and vice president, minister of Coordinator for Maritime Affairs and Investment Luhut Binsar Pandjaitan made a public opinion that postponing the 2024 elections would have consequences in prolonging the terms of office for the president and vice president. Thus, this statement makes a public outreach because the opinion is based on big data of public opinion from social media and is not strengthened by the legally applied basis in Indonesia. This statement has violated the code of ethics of a minister based on the general principles of good governance (AAUPB) in Article 10 of Law Number 30/2014 concerning Government Administration. In addition, this statement caused public uproar and had implications for upholding the 1945 Constitution of the Republic of Indonesia and violating the values ​​​​of constitutional democracy in Indonesia.
Legal Ideals Pancasila in the Development of a National Environmental Legal System Rafiqi, Ilham Dwi
Audito Comparative Law Journal (ACLJ) Vol. 4 No. 3 (2023): September 2023
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v4i3.28017

Abstract

The discussion of legal ideals Pancasila in Indonesia has become a prolonged discourse and may not be final. This is motivated by the dynamics and problems of the nation and state in various sectors of life, one of which is the environmental sector. This paper aims to examine the potential for developing legal ideals in the national environmental law system. The research method used is normative legal research. The results of the study show that in its implementation the legal ideals of Pancasila are still not running as they should in the environmental sector in Indonesia. This is because there are deviations in values ​​in the preparation of legal policies and action agendas. In the development of a national environmental law system, legal ideals cannot be seen and read explicitly, but must continue to be explored and interpreted in every Pancasila value. The ideals of Pancasila law contain environmental values such as ecological, ecoreligious, ecosocial, and ecocracy values. The legal ideals of Pancasila are positioned and functioned as a way of life, guiding norms, and critical norms in the legal agenda in the environmental sector
Maritime Digital Diplomacy: Legal Revitalization and Reform of Modern and Solutive Diplomacy Birahayu, Dita
Audito Comparative Law Journal (ACLJ) Vol. 4 No. 3 (2023): September 2023
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v4i3.28179

Abstract

The existence of international politics and the foreign policy processes of a country has changed since the presence of the internet as a form of digitalization. The internet changed the practice of diplomacy and relations between countries. The Internet of Things is provided for all sectors. This also changes the dimension of diplomacy to digital diplomacy. Digital diplomacy cannot replace face-to-face diplomacy, but it still exists, and its needs will continue to increase. Digital diplomacy has also not been accommodated in the 1961 Vienna Convention on Diplomatic Relations, even though the development of diplomacy is very dynamic, along with the many disputes that arise between countries. Disputes between countries that often arise are disputes in the maritime sector. Therefore, maritime diplomacy is needed in resolving disputes in the maritime sector, considering that one of Indonesia's maritime axes. This research is normative juridical research that uses qualitative methods with statute and conceptual approach. The result of this research is that maritime digital diplomacy has a position as a means of communication and political negotiation, which is important for defending and fighting for national interests. Indonesia needs maritime digital diplomacy as a medium to fight for national interests and strategic issues in the maritime sector. A modern and solutive revitalization and legal reform of diplomacy is needed in order to establish good relations between countries.
The Criminal Punishment of LGBTQ: A Comparative Study of Nigerian and Indonesian Laws Putri, Windy Virdinia; Fuadi, Gumilang; Susila, Muh. Endrio
Audito Comparative Law Journal (ACLJ) Vol. 4 No. 3 (2023): September 2023
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v4i3.28217

Abstract

This study aims to compare the punishment for LGBTQ in Nigeria and Indonesia so the similarities and also the differences between the two legal systems can be drawn. This research is normative research using a comparison method. This study found that: First, there are similarities in the adopted legal systems, namely they both adhere to colonial heritage law, customary law, and Islamic law (Sharia). Regarding Sharia Law, the Sharia penal law adopted in the northern states of Nigeria and through Sharia Regional Regulation in parts of Indonesia, namely Aceh Province based on Special Autonomy, allows the province to form regional regulations based on Islamic Law (Sharia). Furthermore, there are similarities in terms of punishment based on Sharia punishment for Nigeria and Indonesia, namely that they both apply to cane, except for male sexual intercourse is punishable by stoning to death based on Nigeria Sharia punishment. Second, there are differences in the prosecution of LGBTQ people based on applicable national law. In Nigeria, based on the Criminal Act, anyone who has sexual intercourse with the same sex or with an animal or allows a man to have intercourse with another man or with a woman through anal intercourse is convicted of a crime and punished with imprisonment for 14 years. In Indonesia, based on the current Criminal Code, it only prohibits homosexual acts between an adult and a child of the same sex. In other words, the actions of two or more adult men cannot be prosecuted by criminal law, and the perpetrators cannot be punished, including if the "victims" are adults while the perpetrators are still children. Then in the 2023 Criminal Code, same-sex fornication requires it to be carried out publicly or published as pornographic content or by force. On the contrary, homosexual behavior (between 2 adults) without coercion (with consensus between the two) is not seen as a crime.
Requirements for Application for Cancellation of Peace and Analysis of Decision Concerning Cancellation of Peace Firdaus, Gilbert; Sulistianingsih, Dewi; Pujiono, Pujiono
Audito Comparative Law Journal (ACLJ) Vol. 4 No. 3 (2023): September 2023
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v4i3.28838

Abstract

This writing intends to examine the judge’s ruling on the terms of the peace annulment application. The key focus and main objective of the Suspension of Debt Payment Obligations revolves around the Settlement process, aiming to achieve a peace proposal in accordance with Article 281 of the Bankruptcy and Postponement of Debt Payment Obligations Law, commonly referred to as Law Number 37 of 2004. This occurs within the framework of the Commercial Court's management of the Suspension of Debt Payment Obligations case. If the debtor fails to keep their promise or fulfill the terms of the peace agreement, there is a legal solution to request the annulment of the peace. This research employs a normative juridical method with a descriptive-analytical approach to comprehensively and deeply describe the circumstances or symptoms studied in relation to the conditions for peace annulment applications and the application of these conditions to Decision Number 2/Pdt.Sus-Cancellation of Peace/2023/PN.Niaga Sby Jo. Number 69/Pdt.Sus-PKPU/2020/PN.Niaga Sby. It can be analyzed from the research that the regulations for requesting the annulment of a peace agreement are already established in Law Number 37 of The Year 2004.  Article 170, along with Article 171 and Article 291 of the same law, forms the legal basis for the request, specifically addressing issues related to bankruptcy and the postponement of debt payment obligations.  
The Concept of Legal Certainty in The Final and Binding Decision of The Election Manager Honorary Council (DKPP) Nisaq, Rista Choirun; Haruni, Catur Wido; Anoraga, Surya
Audito Comparative Law Journal (ACLJ) Vol. 5 No. 1 (2024): January 2024
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v5i1.29295

Abstract

The final and binding phrase on the DKPP decision in the provisions of Article 458 paragraph (13) of the Election Law was submitted for judicial review through the Constitutional Court decision Number RI 32/PUU-XIX/2021. In the provisions of Article 458 paragraph (13), the phrase final and binding means that the DKPP's decision can’t be submitted for legal effort. However, from the case of Evi Novida Eka Ginting, the Election Organizer Ethics Council (DKPP) decision can be submitted for legal effort. This has implications for the legal certainty of the final and binding phrase in the provisions of Article 458 paragraph (13). This research aims to analyze the final and binding decisions of the Election Organizer Ethics Council in terms of the Constitutional Court Decision Number.32/PUU-XIX/2021 and Law Number 7 of 2017 concerning Elections and to analyze the Election Organizer Ethics Council decisions. which is final and binding in terms of the aspect of legal certainty. The research method used is normative juridical. Based on the results of the research and discussion, First, viewed from the Constitutional Court decision no. 32/PUU-XIX/2021 the phrase "final and binding" in Article 458 paragraph (13) can be an object in the Administrative Court. What can be submitted is a legal effort, a lawsuit to the Administrative Court (PTUN) to cancel the Presidential Decree. Reviewed according to Law No.7 of 2017 concerning General Elections, Article 458 paragraph (13), the Election Organizer Ethics Council (DKPP) decision is final and binding, this means that the decision cannot be made to legal effort and directly can be held. Second, according to the principle of legal certainty, final and binding phrases cause legal uncertainty. Because the phrase is final and binding on the DKPP decision, it is interpreted that the Election Organizer Ethics Council (DKPP) decision can’t be made due to legal effort and must be held. So the final phrase in Article 458 paragraph (13) should be removed cause the meaning has multiple interpretations.    
The Ratification of Indonesia-Australia Comprehensive Economic Partnership Agreement: Investment Challenges and Opportunities Pratama, Andistya; Yuliana, Ginna
Audito Comparative Law Journal (ACLJ) Vol. 5 No. 1 (2024): January 2024
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v5i1.29644

Abstract

This article aims to conduct a more in-depth study of Indonesia's challenges and opportunities after the ratification of the 2020 Indonesia-Australia Comprehensive Economic Partnership Agreement, hereinafter referred to as IA-CEPA. IA-CEPA offers opportunities for investment, trade in goods and services, and human resource capacity building for both countries. The Indonesian government needs to accelerate the harmonization of national laws related to the substance of IA-CEPA so that no legal conflicts harm Indonesia's national and economic interests. This research applied normative or doctrinal research methods, collecting legal materials with literature studies, which were then analysed with descriptive analysis techniques to find solutions to the problems raised. The results show that IA-CEPA brings great opportunities for economic growth in both countries. With greater access to each other's markets and cuts in trade tariffs, this agreement can stimulate greater trade and investment. IA-CEPA provides incentives for both countries to diversify their investment sources. This can help reduce dependence on one particular country or region and increase economic resilience.
Implementation of Business Competition Compliance Program to Prevent Unfair Business Competition Practices Against Business Enterprises Hartini, Rahayu; Arief, Muhammad; Permana, Adi
Audito Comparative Law Journal (ACLJ) Vol. 5 No. 1 (2024): January 2024
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v5i1.29780

Abstract

This research is motivated by the government's seriousness in realizing improvements in the community's economy, namely by creating a business competition compliance program to overcome or prevent unfair business competition practices among business people. The effectiveness and efficiency of the implementation of the program, it is still not fully realized, because there are still many companies that have not participated in the business competition compliance program. The legal issues in this research are: 1). Reviewing the supervisory role of KPPU on the effectiveness of the business competition compliance program in efforts to prevent unfair business competition. 2. Analyze the strategies for dealing with unfair business competition and implementing business competition compliance programs in society. This research is normative juridical. By using a statutory and conceptual approach. In this study, two sources of primary and secondary legal materials were used.. This institution has a very broad authority, namely being a supervisory institution, it also has authority in the judicial and legislative fields. One of the legislative powers issued is KPPU Regulation Number 1 of 2022 concerning the Business Competition Compliance Program. This program is expected to be a form of effort to prevent unfair business competition. In practice this program is still not effective. Therefore, it is necessary to revise Law Number 5 of 1999 so that it will provide a clear position for KPPU in carrying out its duties and be able to implement business competition compliance programs to the fullest. Second, regarding the strategy developed to create fair business competition, it can provide understanding for business actors to comply with and also build awareness independently to help implement the program and to be able to identify, assess and manage risks that will occur with the provision of mentoring.
Mitigating The Spread of Radical Ideas Through Counter-Radicalization Based on Local Wisdom Samsul Arifin; Hariri, Achmad; Prakasa, Satria Unggul Wicaksana; Asis, Asis; Hakim, Lukman
Audito Comparative Law Journal (ACLJ) Vol. 5 No. 1 (2024): January 2024
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v5i1.29950

Abstract

Understanding efforts made by the government to counter radicals are limited to three (3) major patterns: national preparedness, deradicalization, and counter-radicalization. However, these efforts have yet to be effective enough. The facts show that more than efforts to fight the spread of radicalism are needed with law enforcement. On the one hand, we can see in some areas, especially those in Pamekasan district, that local wisdom also significantly influences efforts to counteract radicalism. The unwritten rules of living in society have indirectly fortified themselves from radical ideas. On this basis, the problems that will be raised in this study are related to the local wisdom of the Pamekasan Madura community, which is considered capable of resisting the entry of radical ideas; the purpose of this study is to find out that the norms that live in the community have succeeded in counteracting.

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