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Focus Journal Law Review
Published by UNIVERSITAS BALI DWIPA
ISSN : -     EISSN : 28297415     DOI : 10.62795
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Focus Journal Law Review (FJL) is a blind peer-reviewed journal dedicated to the publication of quality research results in the field of law. All publications in Focus Journal Law Review (FJL) are open access which allows articles to be freely available online without any subscription.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 47 Documents
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Analysis of Recognition from the Perspective of International Law and Implementation of Public Policies in Indonesia and Myanmar Ni Made Diana Kencana Putri
Focus Journal : Law Review Vol 3 No 2 (2023): Focus Journal Law Review Vol. 3 No. 2
Publisher : Universitas Bali Dwipa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v3i2.226

Abstract

Human rights are a universal issue that is of concern to the international community. The countries of Indonesia and Myanmar certainly have a historical record of quite large human rights violations, so it is very important to know and learn about the recognition of human rights between the two countries and the implementation of public policies related to human rights in these two countries, namely Indonesia and Myanmar. This study aims to analyze, discuss, and provide an overview or view of the differences in the recognition of human rights between Indonesia and Myanmar from the perspective of international law, while also analyzing the implementation of public policies related to rules and laws regarding human rights. human rights in both countries through legislative mechanisms and public policy practices, especially in Indonesia and Myanmar. The method used in this study is a normativelegal method with data analysis techniques through literature studies, collecting information from various sources, including reports from international and national human rights organizations, academic publications, journals, and other information sources related to human rights. The main findings show that there are several differences in the recognition of human rights between Indonesia and Myanmar based on international conventions on human rights.In addition, the implementation of rules or laws on human rights in both countries also has its own challenges, such as the weak protection system for victims of human rights violations and local cultural factors. The conclusion of this research is that, despite progress in implementing international standards on human rights in Indonesia and Myanmar, there are still some challenges that need to be overcome. Therefore, there is a need for further efforts from the government and civil society to increase the recognition and protection of human rights in the two countries. This research provides a deeper understanding of comparative human rights in Indonesia and Myanmar, as well as valuable insights for efforts to improve and protect human rights in both countries.
Customary Law as Part of the Reform Legal System in Indonesia Kiki Kristanto; Christio Drakhma Dekapolis; Isno Pandowo
Focus Journal : Law Review Vol 3 No 2 (2023): Focus Journal Law Review Vol. 3 No. 2
Publisher : Universitas Bali Dwipa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v3i2.227

Abstract

Customary law is a law that was born even before Indonesia proclaimed its independence in 1945. Customary law is part of original law and has grown and developed in Indonesia so that it also influences the implementation of the Indonesian legal system. The development and renewal of Indonesian law should not forget the important parts of the building blocks of the Indonesian legal system, including Customary Law. In short, this writing using a qualitative descriptive method provides an overview of the important role of customary law which should always be part of the renewal of the legal system in Indonesia. Historically, the formation of the Indonesian legal system also departs from the concept of customary law that lives in Indonesian society which was ultimately influenced by the Dutch legal system when the Dutch colonized Indonesia. The concordance process of the Dutch legal system colored the formation of the Indonesian legal system which in fact could not be denied that it still left a residue in several parts of the Indonesian legal system such as the old version of the Criminal Code and the civil code. The development and renewal of the National Legal System according to the author should not leave material legal sources as the basis for the formation of a legal system that reflects the spirit of Indonesia. Material legal sources that are reflected in Pancasila, the ideals of Indonesian society, values, norms, kinship, deliberation, mutual cooperation, tolerance, and so on that characterize Indonesian society must be a priority scale in structuring the Indonesian legal system in the future, including part of cultural heritage in the context of customary law.
Effective and Efficient Cabinet as One of the Efforts to Prevent Corruption Rico Septian Noor; Sri Endah Wahyuningsih
Focus Journal : Law Review Vol 3 No 2 (2023): Focus Journal Law Review Vol. 3 No. 2
Publisher : Universitas Bali Dwipa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v3i2.228

Abstract

Corruption never seems to disappear in Indonesia, because almost every day there is news in various print and electronic media regarding public officials, legislative members and even law enforcers who are caught in corrupt practices. Therefore, more massive efforts are needed to prevent and eradicate corruption. This writing uses the Normative Juridical Research method which examines legal rules and principles in answering legal problems that occur using a Conceptual Approach to draw conclusions about the problems studied. We should all be aware that the moment of the General Election (Pemilu) is a very important moment considering the fact that 78 years of Indonesian independence is certainly a moment that must be interpreted deeply, the moment of forming an effective and efficient Cabinet is one of the determining factors for the success of the entire 5 Year government agenda. future and realizing the ideals of the Indonesian nation that have always been echoed, including realizing a government that is clean and free from corruption. Because the disease of corruption that has grown and taken root in this country is caused by many factors, one of which can be caused by the relationship between various systems that are related to corrupt cultural patterns in various functions of power in this country, for example co-optation and strong political intervention. This writing concludes that one of the important points in fixing various corruption problems is by repairing damage to the function and structure of government in this country. Forming an effective and efficient Cabinet in Government can be one of the keys to preventing Corruption
Comparison Between Indonesian and German Regional Autonomy in Relation to the Government System Putu Riskita Karina Pramesti
Focus Journal : Law Review Vol 3 No 2 (2023): Focus Journal Law Review Vol. 3 No. 2
Publisher : Universitas Bali Dwipa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v3i2.230

Abstract

The purpose of this study is to explain the comparison between the regional autonomy of Indonesia and Germany concerning the system of government adopted by the two countries. Regional autonomy in a country, both in Indonesia and in Germany, has the same goal, namely to give authority to regional governments in managing internal affairs in their respective regional domains. However, the differences in the government systems adopted by the two countries have resulted in differences in the structure and implementation of the regional autonomy system in the two countries. The theories used in discussing this research are the theory of federalism, the theory of decentralization, and the theory of constitutionalism. The research method used in this research is normative legal research, namely research that examines document studies using various secondary data such as court decisions, laws, and regulations, legal theory, and can be in the form of opinions of scholars. In addition, this study also uses the comparative legal research method, namely a research methodology conducted by comparing the legal systems of two or more different countries or jurisdictions. The comparison of the regional autonomy of Indonesia and Germany is related to the difference in the system of government adopted by the two countries where Indonesia has a government system called the Unitary State of the Republic of Indonesia (NKRI) while Germany has a federal government system called the Federal Republic of Germany (RFJ). This resulted in a different regional autonomy between Indonesia and Germany. In Indonesia, there are restrictions on local governments to regulate their internal affairs whereby the supreme power rests with the central government while the states in Germany have greater authority in managing their internal affairs
Constitution & Decentralized Government System in France Michele; Balthasar Reny Wittermans Un, Yohanes
Focus Journal : Law Review Vol 3 No 2 (2023): Focus Journal Law Review Vol. 3 No. 2
Publisher : Universitas Bali Dwipa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v3i2.231

Abstract

France is a republican country and uses a semi-presidential unitary government system with democracy which is very inherent in the country. The semi-presidential government system is a combination of the presidential government system and the parliamentary government system, in this case there are two executive leaders, each of whom has their own role. The executive leaders are the President of France who serves as head of state and the prime minister who serves as head of government.The French government system is semi- presidential, the French executive is led by a President who is assisted by a Prime Minister, the French Government is responsible to Parliament based on the provisions of Articles 49 and 50 of the French Constitution. However, the French Parliament consists of the National Assembly and Senate, where the National Assembly has the power to dissolve the cabinetso that the majority determines the choice of the Government, in contrast to Indonesia where Ministers cannot be dismissed by Parliament. The decentralization policy in France is based on a law of the French parliament known as the Gaston Deferred Law of 1982. Concept Autonomous government in France itself is divided into four categories, namely institutional, legal, financial and human resources. In the French Government, the Central Government does not intervene at all when problems arise between the Regional Government and other Regional Governments. The Central Government can act as a mediator but not as a decision-making body, because based on Article 72 of the French Constitution, problems relating to territorial matters are resolved through associations between related parties based on the authority to establish laws.
Vicarious Liability Theory on Vicarious Liability on Artificial Intelligence (AI) in the context of Cryptocurrency Ayu Pramachanti Rumiartha; Timotius Nico Yogatama
Focus Journal : Law Review Vol 4 No 1 (2024): Focus Journal Law Review Vol. 4 No. 1
Publisher : Universitas Bali Dwipa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v4i1.255

Abstract

This study aims to discuss and analyze how substitute accountability in Artificial Intelligence (AI) in the context of Cryptocurrency, analyzed with Vicarious Liability theory. The use of Artificial Intelligence is also often used in the business of digital money transactions, for example such as cryptocurrency. Technological developments have given birth to various kinds of alternative tools or instruments as a substitute for money, which could be possible for violations of the law in the use of Artificial Intelligence (AI) in cryptocurrency transactions. The research method used in this study is a type of normative legal research method. In normative legal research, a study that leads to the process of finding legal rules, legal principles, and legal doctrines that function to answer legal issues faced. The choice of the type of normative legal research in this study is related to the analysis of Vicarious Liability Theory in the context of substitute liability in Artificial Intelligence (AI). The results of the study show the importance of understanding the theory of Vicarious Liability as a theory that determines substitute liability in Artificial Intelligence (AI), this is because the use of Artificial Intelligence is also often used in the business of digital money transactions, for example such as cryptocurrency, so it does not rule out the possibility that the AI does not carry out actions in accordance with AI commands which will certainly harm all parties, including business consumers of digital financial transactions in the event of a digital transaction error, then the person responsible is not the AI subject but the subject who from the beginning provides the use of Artificial Intelligence (AI) in cryptocurrency transactions.
The Relationship between Legal Effectiveness Theory and Coaching Effectiveness Prisoners in Correctional Institutions Mulyadi Mulyadi
Focus Journal : Law Review Vol 4 No 1 (2024): Focus Journal Law Review Vol. 4 No. 1
Publisher : Universitas Bali Dwipa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v4i1.256

Abstract

This research discusses the relationship between legal effectiveness theory and the effectiveness of coaching prisoners in correctional institutions. That the effectiveness of the law for training prisoners in order to achieve the objectives of punishment in correctional institutions. In this research the author uses a normative research method, namely a method that discusses research analysis using books, laws and concepts and theories. The research results show that the theory of legal effectiveness is closely related to the effectiveness of the implementation of laws relating to the development of prisoners in correctional institutions. These prisoners also really need good guidance and direction from correctional officers who play an important role in providing guidance and direction to prisoners during their detention period. Legal effectiveness, in this case, effectiveness is related to the rehabilitation of prisoners based on the implementation of legal validity. Legal validity refers to a legal norm that has binding force, requiring society to obey and act in accordance with the provisions of legal norms. To ensure that people are willing to obey the law, one of the efforts made is to establish sanctions, especially negative sanctions. The aim of applying sanctions among the public is to prevent them from committing disgraceful acts, thereby achieving the desired legal effectiveness and realizing the intended goals.
Legal Aspects of e-commerce in the Law on Electronic Information and Transactions Muhammad Arrullah Safriawan
Focus Journal : Law Review Vol 4 No 1 (2024): Focus Journal Law Review Vol. 4 No. 1
Publisher : Universitas Bali Dwipa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v4i1.257

Abstract

This study aims to discuss the Legal Aspects of e-commerce in Law Number 11 of 2008 concerning Electronic Information and Transactions. In today's modern times, there are many sophisticated technologies where many people today can make electronic transactions. The research method used in this study is a type of normative legal research based on books and applicable laws and regulations. The results of this study show the need for legal aspects related to e-commerce because basically there are still many shortcomings in carrying out a protection of people who make electronic transactions. Examples of cases related to problems in e-commerce practices are in the case of differences between goods sent and goods ordered, usually the way of settlement is through the return of goods sent. In this case, using inter-package services. However, there are usually obstacles in the return process. The obstacle that usually occurs is the late delivery of goods that should already be in the manufacturer. These obstacles are usually caused by several factors, one of which is the goods lost during delivery.
Immigration Arrangements Indonesian Citizen Travel Document perspective Made Maharta Yasa; I Gde Putra Ariana; Anastasya Puspa Dewi; Yustikarini Tri Utami Dewi
Focus Journal : Law Review Vol 4 No 1 (2024): Focus Journal Law Review Vol. 4 No. 1
Publisher : Universitas Bali Dwipa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v4i1.258

Abstract

This research aims to research, analyze and examine Immigration Regulations from the perspective of Indonesian Citizen Travel Documents. Based on Law no. 6 of 2011 concerning Immigration, foreigners when traveling in Indonesia are required to have travel documents, travel documents are official letters issued by authorized officials from a country. The research method used in this research is the normative legal research method. The results of the discussion show that regulations regarding travel documents for Indonesian citizens are regulated in Law Number 6 of 2011 concerning Immigration as an umbrella rule for immigration legislation. In Article 1 number 13, number 15 and number 16 of the Immigration Law, the meaning of travel documents, the meaning of travel documents of the Republic of Indonesia and Passports of the Republic of Indonesia are given. In full it states: Article 1 number 13, namely: Travel Documents are official documents issued by authorized officials from a country, the United Nations, or other international organizations for travel between countries which contain the identity of the holder. Article 1 number 15: Travel Documents of the Republic of Indonesia are Passports of the Republic of Indonesia and Travel Documents are Like Passports of the Republic of Indonesia. Article 1 number 16: Passport of the Republic of Indonesia, hereinafter referred to as Passport, is a document issued by the Government of the Republic of Indonesia to Indonesian citizens to travel between countries which is valid for a certain period of time. The same regulation is also contained in Government Regulation Number 40 of 2023 concerning the Fourth Amendment to Government Regulation Number 31 of 2023 concerning Implementing Regulations of Law Number 6 of 2011 concerning Immigration.
Gig Economy Worker’s Legal Status: Employee or Independent Contractor? Ni Kadek Ayu Sri Undari; Haruka Sugiyama
Focus Journal : Law Review Vol 4 No 1 (2024): Focus Journal Law Review Vol. 4 No. 1
Publisher : Universitas Bali Dwipa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v4i1.259

Abstract

The gig economy was born as a new economic scheme due to technological disruption and digital transformation, which shifted conventional employment patterns. In principle, gig economy workers have no formal working hours because their services can be widely accessed and used through the on-demand platform provided by a company. Their freedom to determine when, where, and how they work makes gig workers unable to be classified as employees, thus putting them in a precarious position without legal protection. This study aims to understand gig workers and platform provider companies' employment relationships, further defining the scheme of gig workers' legal protection. This study is a normative legal research with statutory and conceptual approaches, which are discussed using descriptive and argumentation methods. The study results show that according to the International Labour Organization's employment relationships classification, gig workers can be classified as a non-standard employment relationship in the form of dependent self-employment, which falls in a gray area between employee and independent contractor. The legal protection for gig workers can be accommodated by three different schemes, including expanding the concept of workers, defining a third category, and establishing independent legislation.

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