JURNAL LITIGASI (e-Journal)
JURNAL LITIGASI (e-Journal) is a peer-review journal with vision to develop law and harmony between Indonesian positive law and the reality in the society. JURNAL LITIGASI (e-Journal) aims to 1. Actively participate in national development and reformation of law; 2. Take part in educating higher education and legal profession in Indonesia; 3. Provide information on development of law in Indonesia 4. Enlight people in order to improve people’s knowledge of law JURNAL LITIGASI (e-Journal) is published by Fakultas Hukum Universitas Pasundan. LITIGASI covers articles on science of law, legal theories, legal philosophy, social study on law with latest and actual substances. LITIGASI publishes original and scientific articles whose values of novelty in the form of Research findings, Articles, Reviews, and Book Review.
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<![CDATA[REFORMULASI PERATURAN TENTANG DISABILITAS DALAM BIDANG PENDIDIKAN BERDASARKAN NILAI KEADILAN SOSIAL ]]>
<![CDATA[Lestari, Eta Yuni]]>;
<![CDATA[Diamantina , Amalia]]>;
<![CDATA[Maskur, Muhammad Azil]]>;
<![CDATA[Santi, Yeni]]>
<![CDATA[ LITIGASI Vol. 25 No. 2 (2024) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pasundan ]]>
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DOI: 10.23969/litigasi.v25i2.18342
<![CDATA[Fulfilling the rights of persons with disabilities is a shared responsibility between the government and society. Philosophically and juridically, the legal umbrella is the basis for fulfilling the rights of persons with disabilities in various fields. In reality, there is still discrimination against people with disabilities in various areas of life, including in the field of education. The problem formulation in this paper aims to examine how the reformulation of disability law policy in the education sector is in line with the values of social justice. This research is normative legal research using a conceptual, statutory approach. Sources of legal materials are primary legal materials, namely from legislation, books and journals. The data collection method uses library research, analyzed using a deductive thinking process to draw conclusions. The results of the research show that legal reformulation of persons with disabilities in the education sector is carried out with reference to philosophical (in accordance with Pancasila), juridical (harmonization and synchronization) of regulations regarding persons with disabilities both based on national and global law), and sociological (discrimination against persons with disabilities still occurs). which is contrary to human rights). The reformulation framework proposed by the author, harmonization and synchronization in the use of the term and classification of "disability" in legislation, harmonization and synchronization of rights in the field of education, reviewing inclusive school policies so that they comply with the principles of social justice.]]>
<![CDATA[PROBLEMATIKA HUKUM DALAM KEBEBASAN BERPENDAPAT PADA BIDANG POLITIK: PERSPEKTIF PENDIDIKAN KEWARGANEGARAAN DAN KETERLIBATAN MASYARAKAT TERHADAP PENERAPAN UNDANG-UNDANG INFORMASI DAN TRANSAKSI ELEKTRONIK (UU ITE) DI INDONESIA ]]>
<![CDATA[Halimah, Lili]]>;
<![CDATA[Hidayah, Yayuk]]>
<![CDATA[ LITIGASI Vol. 25 No. 2 (2024) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pasundan ]]>
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DOI: 10.23969/litigasi.v25i2.18489
<![CDATA[Kebebasan berpendapat di era digital menjadi isu penting dalam politik Indonesia, terutama terkait penerapan Undang-Undang Informasi dan Transaksi Elektronik (UU ITE). Penelitian ini mengeksplorasi dampak UU ITE terhadap kebebasan berpendapat dengan pendekatan hukum normatif. Data yang digunakan mencakup bahan hukum primer, sekunder, dan tersier. Hasil menunjukkan bahwa UU ITE, meskipun bertujuan melindungi masyarakat dari informasi negatif, sering digunakan untuk membatasi kebebasan berpendapat, khususnya bagi pengkritik politik. Ketidakpastian hukum akibat pasal-pasal mengenai penyebaran informasi dan ujaran kebencian menciptakan tekanan bagi individu untuk menghindari sanksi. Penelitian menekankan pentingnya keseimbangan antara perlindungan masyarakat dan hak kebebasan berpendapat melalui penegakan hukum yang adil. Selain itu, pemahaman UU ITE dalam pendidikan kewarganegaraan krusial untuk mengedukasi masyarakat mengenai hak dan kewajiban hukum. Keterlibatan masyarakat dalam advokasi dan pemantauan dapat mendorong penerapan UU ITE yang adil, sehingga hak-hak politik individu tetap terjaga.]]>
<![CDATA[Pertimbangan Majelis Arbiter dalam Menetapkan CISG sebagai Applicable Substantive Law pada Arbitrase: Indonesia ]]>
<![CDATA[Latifah, Emmy]]>;
<![CDATA[Hartanto, Heri]]>;
<![CDATA[Setiyawan, Anang]]>;
<![CDATA[Maheswari, Yoan Amadina]]>
<![CDATA[ LITIGASI Vol. 25 No. 2 (2024) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pasundan ]]>
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DOI: 10.23969/litigasi.v25i2.18517
<![CDATA[The United Nations Convention on Contracts for the International Sale of Goods (CISG) is an international legal instrument that can be chosen as the choice of law in international commercial contracts. Consequently, CISG is applied as the substantive law governing the resolution of disputes between contracting parties. However, in arbitration forums, the application of CISG as substantive law may vary depending on the considerations of the arbitral tribunal. This study aims to provide a comprehensive analysis of the considerations taken by arbitral tribunals when establishing CISG as the applicable substantive law in several international sale of goods cases. This research is normative legal research using statutory, case-based, and conceptual approaches, with data analyzed through legal interpretation methods. The findings of this study indicate that there are two conditions under which CISG is applied as the applicable substantive law, namely: (1) the application of CISG as the agreed choice of law by the parties; and (2) the application of CISG in situations where there is an absence of a choice of law.]]>
<![CDATA[UNCOVERING LEGAL GAPS IN DIGITAL BANKING: CUSTOMER PROTECTION AND BANK ACCOUNTABILITY IN INDONESIA ]]>
<![CDATA[Sriono]]>;
<![CDATA[Risdalina]]>;
<![CDATA[Kusno]]>;
<![CDATA[Kumalasari M, Indra]]>;
<![CDATA[Syahyunan, Hengki]]>
<![CDATA[ LITIGASI Vol. 25 No. 2 (2024) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pasundan ]]>
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DOI: 10.23969/litigasi.v25i2.18538
<![CDATA[The rapid growth of digital banking in Indonesia has necessitated robust legal frameworks to protect digital bank users. This study examines the legal protection available to digital bank customers, focusing on the confidentiality of personal data and the responsibilities of banks under Indonesian law. Utilizing a normative juridical research method, the study relies on library research and an analysis of relevant laws and regulations. The findings reveal that the current legal framework for safeguarding the confidentiality of bank customer data in Indonesia is fragmented and lacks a unified regulatory approach. Legal protection remains incomplete, as it relies on the interplay of multiple regulations without offering comprehensive safeguards. Moreover, the existing mechanisms for addressing breaches of data confidentiality place responsibility primarily on banks, with criminal and administrative liabilities serving as the main avenues for recourse. The novelty of this research lies in its critical evaluation of the gaps in Indonesia's regulatory landscape concerning digital banking, highlighting the need for a cohesive legal framework to ensure stronger protections for customer data. This study contributes to the discourse on digital banking regulation by providing a nuanced understanding of the challenges in safeguarding customer data in Indonesia. It offers valuable insights for policymakers, legal practitioners, and financial institutions in enhancing data protection measures and fostering trust in digital banking.]]>
<![CDATA[URGENSI KEBIJAKAN KRIMINALISASI PENELANTARAN IZIN USAHA PERTAMBANGAN BATUBARA OLEH KORPORASI ]]>
<![CDATA[Simangunsong, Gusfen Alextron]]>;
<![CDATA[Utama, Yos Johan]]>;
<![CDATA[Rozah, Umi]]>
<![CDATA[ LITIGASI Vol. 25 No. 2 (2024) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pasundan ]]>
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DOI: 10.23969/litigasi.v25i2.18666
<![CDATA[Development in the mining sector is an integral part of national development which aims to support industrialization programs to provide domestic raw materials and increase state revenues from foreign exchange and open up the widest possible employment opportunities in order to improve welfare. The implementation of mining business activities must begin with the ownership of a Mining Business License granted to business entities, cooperatives and individuals. The conditions that occur in reality record that there are not a few cases of illegal mining that cost the State around 38 trillion per year. It was recorded in 2021 that there were 2,741 unlicensed mining locations spread across 29 provinces in Indonesia. Of these points, there are 2,645 mineral and coal commodities and 96 coal commodity locations. Given the importance of the mining sector, the government positions the mining sector as the livelihood of many people. As mandated by the Constitution Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. Law enforcement of the obligations of Coal Mining Business License holders has not been effective, seen from the five factors that have been fulfilled, namely the legal factors themselves, facility factors, law enforcement factors, legal awareness factors, and legal culture factors have not been able to be optimally implemented as they should. Criminalization of abandonment of Coal Mining Business License by corporations is very important (urgent), where administrative sanctions provided by the Government related to corporations that do not carry out the obligation to submit RKAB are...]]>
<![CDATA[RETHINKING TOURISM VILLAGES: HOW ECOLOGICAL JUSTICE SHAPES SUSTAINABLE DEVELOPMENT ]]>
<![CDATA[Wibowo, Dwi Edi]]>;
<![CDATA[Niami, Mutimatun]]>
<![CDATA[ LITIGASI Vol. 25 No. 2 (2024) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pasundan ]]>
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DOI: 10.23969/litigasi.v25i2.18698
<![CDATA[Tourism village management plays a pivotal role in advancing sustainable development, particularly in rural areas endowed with rich biodiversity and natural resource potential. Ecological justice, which underscores equitable access to natural resources and shared responsibility in maintaining ecosystem balance, is a critical concept for ensuring sustainability in tourism village management. This study investigates the integration of ecological justice into tourism village management and examines the challenges and opportunities associated with its implementation. Utilizing a qualitative approach, the research explores strategies and policies that promote environmental sustainability while enhancing the welfare of local communities. The findings reveal that participatory approaches, environmental education, and policies rooted in local wisdom are essential for achieving ecological justice. The novelty of this study lies in its focus on ecological justice as a comprehensive framework that transcends economic considerations to incorporate ecological and social equilibrium. By proposing a model for sustainable tourism village management, this research contributes to the discourse on sustainable development, providing practical insights for policymakers and stakeholders in achieving long-term environmental and community welfare objectives.]]>
<![CDATA[PENGUATAN DEWAN KEHORMATAN PENYELENGGARA PEMILU DALAM PENEGAKAN HUKUM KODE ETIK PENYELENGGARA PEMILU ]]>
<![CDATA[Rosidin, Utang]]>
<![CDATA[ LITIGASI Vol. 25 No. 2 (2024) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pasundan ]]>
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DOI: 10.23969/litigasi.v25i2.18699
<![CDATA[The Election Organizer Honorary Council as an institution formed to handle violations of the code of ethics of election organizers applies the principles of maintaining justice, independence, impartiality, and transparency in enforcing the rules or ethical norms that apply to all election organizers, as stipulated in Law Number 7 of 2017. The method used in this study uses a normative legal approach. The results of the study, First, the legal framework for handling violations of the code of ethics of election organizers in Indonesia is a mandate of Law Number 7 of 2017, in Article 1 number 24 which states that the Election Organizer Honorary Council is an institution tasked with handling violations of the code of ethics of Election Organizers. Second, The urgency of law enforcement for violations of the code of ethics of election organizers as an effort to present the integrity of election organizers is the main capital in realizing democratic elections, the presence of the Election Organizer Honorary Council as an institution that is given the authority to handle violations of the code of ethics of election organizers is important in order to realize election organizers with integrity. Third, the Election Organizer Honorary Council in the process of handling alleged violations of the code of ethics of election organizers can be carried out including by carrying out prevention, action, and innovation in various forms of activities carried out in the process of law enforcement against alleged violations of the code of ethics of election organizers.]]>
<![CDATA[STRATEGI IMPLEMENTASI TANGGUNG JAWAB SOSIAL LINGKUNGAN DALAM PERUSAHAAN: DAMPAK DAN TANTANGAN ]]>
<![CDATA[Nuriyatman, Eko]]>;
<![CDATA[Fitria, Fitria]]>;
<![CDATA[Naili Hidayah, Lili]]>;
<![CDATA[Fatimah, Siti]]>;
<![CDATA[Irawan, Agus]]>
<![CDATA[ LITIGASI Vol. 25 No. 2 (2024) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pasundan ]]>
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DOI: 10.23969/litigasi.v25i2.18877
<![CDATA[Environmental Social Responsibility is regulated in Article 74 of Law Number 40 of 2007 concerning Limited Liability Companies as part of Corporate Social Responsibility, which encourages companies to act ethically and contribute to improving the quality of life of the community. This study uses a normative legal method to analyze legal norms related to Environmental Social Responsibility and Corporate Social Responsibility and their application in practice. The problems discussed in this scientific article are related to the review of the implementation of environmental social responsibility by State-Owned Enterprises. The discussion includes strategies for implementing Environmental Social Responsibility which include analysis of community needs, stakeholder involvement, and allocation of sufficient resources. Evaluation of the impact of Environmental Social Responsibility is carried out through sustainability reports and the use of Key Performance Indicators, with support from international standards such as ISO 26000 and the Global Reporting Initiative. In conclusion, the effective implementation of Environmental Social Responsibility requires a comprehensive and collaborative approach, where companies must align Corporate Social Responsibility activities with the objectives of the Sustainable Development Goals. Advice for companies is to increase transparency and accountability in reporting Environmental Social Responsibility and integrate feedback from the community for more relevant and impactful programs. Thus, it is hoped that Environmental Social Responsibility will not only provide benefits for the company, but also for the community and the environment in a sustainable manner.]]>
<![CDATA[PEMBATASAN MASA JABATAN KETUA UMUM PARTAI POLITIK: TINJAUAN NEGARA HUKUM DAN DEMOKRASI ]]>
<![CDATA[Ghafur, Jamaludin]]>
<![CDATA[ LITIGASI Vol. 25 No. 2 (2024) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pasundan ]]>
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DOI: 10.23969/litigasi.v25i2.19327
<![CDATA[This paper aims to identify the implications of not regulating the term limits of political party chairmen on the principles of the rule of law and democracy and to find juridical and conceptual reasons for the government to regulate it. This research employs a normative legal method with a statutory and conceptual approach. Some of the research findings show that the implications of the absence of rules limiting the term of office of political party chairmen have negative implications for the principles of the rule of law and democracy, namely that leadership turnover or regeneration does not take place regularly. As a result, the majority of leadership in political parties has an authoritarian character where the party as an organization is not managed based on rules, but is determined by the authority and personal subjectivity of the chairperson. Initially, the limitation on the term of office of party chairpersons was not included in the regulation to prevent the Government from interfering in the internal affairs of parties, which based on past experience - especially during the Old Order and New Order, excessive state intervention has led to violations of citizens' constitutional rights to associate and assemble. Currently, the threat to citizens' freedom of association and assembly comes from the internal power of political parties, particularly from party chairpersons. With enormous and almost unlimited authority, party chairmen can act arbitrarily. Therefore, it is time for the Government to strictly regulate the limitation of the term of office of party chairpersons to...]]>
<![CDATA[HOW DO INDONESIAN LAWS AND REGULATIONS SHAPE THE POLITICAL LANDSCAPE OF FORESTRY LICENSING? ]]>
<![CDATA[Hartati]]>;
<![CDATA[Qurochman, Taufik]]>;
<![CDATA[Helmi]]>;
<![CDATA[Diar, Adithiya]]>
<![CDATA[ LITIGASI Vol. 25 No. 2 (2024) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pasundan ]]>
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DOI: 10.23969/litigasi.v25i2.19382
<![CDATA[This research aims to analyze the evolution of forestry licensing regulations before and after the enactment of the Job Creation Law (CK Law). Utilizing a normative juridical approach, this study examines conceptual, statutory, and historical aspects of forestry law. The findings reveal that the politics surrounding forestry law significantly impact the balance between investment-driven economic interests and the preservation of sustainable forest cover. Prior regulatory issues in forest management remain unaddressed by the CK Law, which primarily emphasizes the exploitation of forest resources. This focus could exacerbate carbon emissions as forest utilization investments increase. While the changes introduced by the CK Law are designed to boost investment by simplifying licensing procedures, permitting multi-business activities, and facilitating foreign investment, they also present challenges for natural resource management. The revisions dilute commitments to forest conservation, reinforce disparities in forest product utilization between large corporations and local communities, and marginalize traditional forest-dependent populations. The novelty of this research lies in its critical examination of how legal reforms aimed at economic growth may unintentionally undermine long-term environmental sustainability and social equity. The urgency of this issue is highlighted by the potential long-term consequences of these legal changes on both environmental health and community welfare. This study contributes to the broader discourse on balancing economic development with environmental protection in Indonesia’s forestry sector.]]>
