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Siber International Journal of Advanced Law
Published by Siber Nusantara Review
ISSN : 29875609     EISSN : 29875595     DOI : https://doi.org/10.38035/sijal.v1i1
Core Subject : Humanities, Social,
Siber International Journal of Advanced Law (SIJAL) is an open-access and peer-reviewed journal that aims to offer an international academic platform for cross-border legal research in various government policies and civil rights law, particularly in developed and developing countries. This may include but is not limited to areas such as: Philosophy and Legal Theory; Comparison of Laws; Legal Sociology; International law; Civil law; Business Law; Economic Law; Environmental law; Criminal law; Criminal Law; Constitutional and Administrative Law; Technology, Information and Communication Law; Human Rights Law; Islamic and Family Law; Agrarian Law; Air and Space Law; Customary Institutions Law; Religious Jurisprudence Law; International Regime Law; Governance of Legal Pluralism; And Other sections related to contemporary issues in legal scholarship.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 49 Documents
Regulation of Cigarette Use According to International Law and Indonesian National Law Prayitno, Rangga; Miekhel, J. Sam
Siber International Journal of Advanced Law (SIJAL) Vol. 1 No. 1 (2023): (SIJAL) Siber International Journal of Advanced Law (July 2023)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v1i1.4

Abstract

Health is a human right that must be protected by the state. The right to live healthy is a basic right that must be guaranteed because health is part of the primary needs of every human being. Smoking is very dangerous for health. The use of cigarettes has an impact on the health of other people around the smoker. This action violates a person's right to a healthy environment as guaranteed by the constitution. This research uses normative juridical research methods. The results found in this study are: (1) Regulation of the use of cigarettes according to international law is contained in the FCTC. (2) The Indonesian government has established a Draft Law on Tobacco and Government Regulations as a response to regulation of the use of cigarettes internationally (3) Regulations in Indonesia regarding tobacco control are currently in the form of Government Regulations, including Government Regulation No. 19 of 2003 concerning Tobacco Control.
Legality of the Use of Armed Forces Against Foreign Parties Obstructing Efforts to Eradicate Illegal, Unregulated, Unreported Fishing in the Exclusive Economic Zone Hose Pranando, Yuda; Oxana Putra, Erix
Siber International Journal of Advanced Law (SIJAL) Vol. 1 No. 1 (2023): (SIJAL) Siber International Journal of Advanced Law (July 2023)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v1i1.5

Abstract

The purpose of this research is to find out the legality of the entry of Chinese coastguards into Indonesia's EEZ to protect the Kway Fei 10078 Fishing Boat and to find out the legality of using armed forces against foreign parties who obstruct efforts to eradicate Illegal, Unregulated, Unreported Fishing in EEZ and to find out what actions Indonesia should take against China's actions. This study uses normative juridical research methods, namely looking for applicable provisions and library materials. Based on the analysis and research conducted, it was concluded that the entry of the Chinese coastguard into Indonesia's EEZ which protects the Kway Fei 10078 ship is illegal because other countries' ships are only given the right to sail, not protect other ships that violate other countries' EEZ areas according to Article 58 UNCLOS 1982. Retaliation for armed attacks against foreign parties that hinder the eradication of IUU Fishing can be carried out because the right of self-defense is granted by Article 51 of the UN Charter can be realized by a state that is harassed by foreign parties. The actions of disruptive foreign parties are usually in the form of bringing in warships or coastguards to carry out security.
Supervision of Mineral and Coal Mining Business Permits in Solok Regency Andreono, Deni; Darnis, Darnis
Siber International Journal of Advanced Law (SIJAL) Vol. 1 No. 1 (2023): (SIJAL) Siber International Journal of Advanced Law (July 2023)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v1i1.6

Abstract

This research is as follows: 1. To find out the supervision activities of the Mineral and Coal Mining Business Permits in Solok Regency. 2. To find out the obstacles that arose during the supervision of the Mineral and Coal Mining Business Permits in Solok Regency. The research method used is the empirical method (sociological juridical). After the data obtained is processed, the authors then analyze the data qualitatively. The results of this study In supervising the mining sector, the Provincial Government should be able to carry out these activities more than 1 time in 1 year considering that the mining sector is one of the important sectors both in the economic field and in its impact on the surroundingenvironment.
Legal Politics of Regional Head Offices for The 2019-2024 Period After The Constitutional Court Decision Based on Constitutional Theory Indra Lorenly Nainggolan
Siber International Journal of Advanced Law (SIJAL) Vol. 2 No. 1 (2024): Siber International Journal of Advanced Law (July - September 2024)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v2i1.71

Abstract

Article 201 paragraph 5 of Law Number 10 of 2016 has limited the term of office of regional heads and deputy regional heads who are appointed for the 2019 – 2023 term of office. Article 3 of Law Number 10 of 2016 confirms that elections are held every 5 (five) years. The term of office of regional heads and deputy regional heads is 5 years. The provisions of Article 201 deny this and violate the provisions of Article 18 paragraph 4 and Article 28D paragraph 1 of the 1945 NRI Constitution. This research uses normative juridical and uses conceptual, case and statutory approaches. The Constitutional Court's argument is that every position of regional head and deputy regional head is mandatory for 5 (five) years. Anything less is a violation of the constitution and democracy. The majority principle in democratic principles guarantees the sovereignty of the people running with the rule of law in the constitution, especially the protection of human rights. The voice of the majority of the people must not be co-opted with the political and legal policies of law makers in the name of the people. The transitional legal politics of the policy of simultaneously filling the positions of regional head and deputy regional head must be improved in the space of democracy and the rule of law. The principle of guaranteeing freedom and equal treatment before the law in Article 28D paragraph 1 of the 1945 Constitution of the Republic of Indonesia, emphasizes that state power must be exercised in a way that does not violate the constitution.
The extraordinary legal policy for Corruption Crimes in shifting the formulation of attempted crimes as perfect crimes. Nina Zainab
Siber International Journal of Advanced Law (SIJAL) Vol. 2 No. 2 (2024): Siber International Journal of Advanced Law (October - December 2024)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v2i2.72

Abstract

The regulation of criminal acts of attempt is known in the Criminal Code, especially in article 53, which states "attempting to commit a crime will be subject to punishment if it is clear that there has been an initial act and the act is not completed not because of one's own will." In the concept of the Criminal Code, attempted action is an action that is declared to have not been completed because something was not completed because it was not the intention of the perpetrator. In the law on eradicating corruption, the concept of an offense or attempted criminal act is not recognized because every crime that occurs in connection with corruption will be considered completed or complete as long as there has been an initial act or act. This can be understood considering that the criminal act of corruption is a special criminal act whose mode changes and develops, is very neat, covert and organized. Often criminal acts of corruption begin with initial actions in the form of promises and agreements while observing the situation, then the implementation will be carried out later to disguise the act, which is why criminal acts like this are often difficult to catch if the Criminal Code concept of attempted criminal acts is used as a measure. Law No. 31 of 1999 in conjunction with Law No. 20 of 2001 concerning the Eradication of Corruption contains several articles whose concept is different from the Criminal Code, where in eradicating corruption an initial action is deemed to have completed corruption. This research is normative research in which the author examines the collected library materials consisting of primary, secondary and tertiary legal materials followed by in-depth observations of the phenomena that occur. The data obtained is then processed systematically by carrying out grammatical interpretations that will be used in discussing existing problems. The results of the research show that there are differences in the concept of trials regulated in the Criminal Code and trials regulated in the Corruption Law, where in this law the element of initial action has proven that there has been an attempt or act of corruption, so that the criminal act/delict is considered complete and the perpetrator can convicted of committing a criminal act of corruption.
The Intersection of Political Identity and Tools of Victory in The Upcoming Electoral Contest Octo Iskandar
Siber International Journal of Advanced Law (SIJAL) Vol. 2 No. 1 (2024): Siber International Journal of Advanced Law (July - September 2024)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v2i1.78

Abstract

The 2024 elections in Indonesia will mark a historic moment as the first simultaneous election to determine members of the legislature, president, vice president, regional heads, and deputy regional heads, even though they will be conducted on different dates and months. This democratic event will take place amid a strong surge in public participation, characterized by various sociopolitical phenomena expressed through diverse ideas and behaviors. Such phenomena have been evident in previous elections, including the 2019 elections, and others before and after, addressing issues such as the politicization of religion, race, ethnicity, and other non-electoral issues. This study aims to identify non-electoral factors that may emerge before and/or during the 2024 elections, potentially triggering electoral conflicts. The research utilizes a qualitative approach with data collection through literature review and analysis of sociopolitical phenomena related to elections. Hypothetically, the study's results suggest that several non-electoral factors (social, political, cultural, religious, economic, and legal) have the potential to escalate and intensify conflicts during the 2024 elections, ultimately disrupting the electoral process and/or casting doubt on the legitimacy of the results.
The Role of Psychology of Law in Legal Protection of Children as Criminal Widya Romasindah Aidy
Siber International Journal of Advanced Law (SIJAL) Vol. 2 No. 1 (2024): Siber International Journal of Advanced Law (July - September 2024)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v2i1.83

Abstract

Children who are in conflict with the law both as perpetrators and victims must be protected by the government and must not be treated in a discriminatory manner. The purpose and benefit of this study is to understand and know the role of psychology of law on legal protection for children as perpetrators of criminal acts. In this study, the Research Method used is normative juridical research with a statute approach, conceptual approach and examines the handling of cases of children conflict with the law not only using a legal approach but an extrajudicial approach, namely psychological science which in this study is focused on psychology and law. There is also a form of legal protection for children conflict with the law can not only be resolved through the judicial process, but can also be resolved through diversion, where the settlement involves the perpetrator, victim, and family, both the perpetrator/victim's family and related parties to jointly seek a fair solution by emphasizing restoration to the original situation, and not by means of retaliation known as the restorative justice. The role of psychology of law for children criminal acts can be given from the time the child is examined at the Police until the child undergoes coaching at Lembaga Pembinaan Khusus Anak.
Legal Security for The Board of Directors of Individual Limited Companies in The Event of Bankruptcy Restu Adhie Charisma; M Sudirman
Siber International Journal of Advanced Law (SIJAL) Vol. 2 No. 1 (2024): Siber International Journal of Advanced Law (July - September 2024)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v2i1.88

Abstract

Legal Certainty for Directors of Individual Limited Liability Companies in Case of Bankruptcy, The enactment of Law Number 11 of 2020 concerning Job Creation has given birth to a new type of PT, namely a company that meets the standards of micro and small businesses, or as per Government Regulation Number 8 of 2021 concerning the Authorized Capital of Companies and Registration, Establishment, Amendments and Dissolution of Companies, it is stated that those that meet the requirements of micro and small businesses are called Individual Companies. This scientific article uses normative legal research or library legal research, namely research conducted by examining library materials or secondary data, and the type of research in this writing is normative legal research, namely it is studied with a statutory approach, meaning that a problem will be seen from its legal aspect by examining statutory regulations. The results of the study show that the Law in Indonesia still needs to be completed to form regulations regarding this individual company in separate statutory regulations outside of limited liability company law. An important conclusion from this study is that PT should ensure that the principles, regulations and essence of individual companies in the Job Creation Law do not conflict with the principles, regulations and essence of limited liability companies in the limited liability company law.
Hermeneutical Approach to Understanding Article 48 Paragraph (4) Of Law No. 10 Of 2016: Philosophy, Theology and Protection of Voter Rights in Indonesia Rahmiati, Rahmiati; Nazwa Aulia, Svenska; Sendi, Sanjaya; Ghazza, Jaudat; Fasmadhy Deddi, Satiadharmanto
Siber International Journal of Advanced Law (SIJAL) Vol. 1 No. 1 (2023): (SIJAL) Siber International Journal of Advanced Law (July 2023)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v1i1.92

Abstract

A hermeneutic approach to the judicial review of Article 48 Paragraph (4) of Law Number 10 of 2016 is employed to assess its alignment with the 1945 Constitution of the Republic of Indonesia and to analyze its impact on the constitutional rights of voters. This study uses hermeneutics as a tool to deeply understand the legal meaning and implications of the article, while also examining potential conflicts of interest that may arise from the provision, particularly involving political parties in the electoral process. The research method utilized is qualitative analysis with a normative approach to relevant regulations and Constitutional Court decisions, using a hermeneutic perspective that considers the context and comprehensive interpretation of the law. Data sources include legal documents, Constitutional Court decisions, and literature analyzes related to voters' constitutional rights and conflicts of interest. The findings of this study indicate that Article 48 Paragraph (4) of Law 10/2016 not only conflicts with constitutional principles but also creates opportunities for conflicts of interest among political parties. Therefore, a clearer and more precise interpretation through a hermeneutic approach is required to protect voters' rights and ensure the integrity of the electoral process.
Reconstruction of Corporate Legal Arrangements in Indonesia Relating to Corporate Social and Environmental Responsibility in the Mining Sector Riyadi, Padlah
Siber International Journal of Advanced Law (SIJAL) Vol. 1 No. 1 (2023): (SIJAL) Siber International Journal of Advanced Law (July 2023)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v1i1.93

Abstract

Rule of article 74 UUPT has regulation of CSR of Voluntary becomes mandatory. Philosophically that arrangement is based on article 33 paragraphs (3) and (4) of the 1945 Constitution, while from its empirical fact it does not stop from environmental impact and damage which is generated by activity mining of itself. From the results of research also showing that the rule of regulation related to mining area itself contains the principle of CSR.