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INDONESIA
Arena Hukum
Published by Universitas Brawijaya
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 12 Documents
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Search results for , issue "Vol. 17 No. 1 (2024)" : 12 Documents clear
The Fulfilment of Legal Identity: A Case Study of Residents Without Population Identification Numbers Jati, Fardi Prabowo
Arena Hukum Vol. 17 No. 1 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2024.01701.8

Abstract

Legal identity is crucial for individuals as it establishes their rights and obligations as legal subjects. Despite its importance, many residents in Yogyakarta lack a legal identity. This research aims to analyse the regulations governing the provision of legal identity for residents without a population identification number (NIK) and to identify the causes behind this issue in Yogyakarta. This study employs non-doctrinal legal research, combining normative and empirical methods. The findings reveal that obtaining a NIK is essential for fulfilling human rights and constitutional rights. This process involves population registration, which begins with recording the individual’s biodata. Changes in the population administration information system have led to the exclusion of residents who have not completed biometric recording from the population database, resulting in a lack of legal identity. In Yogyakarta, two main factors contribute to the absence of NIKs: First, impoverished individuals with domicile issues caused by the costs and time required for domicile relocation, potential trafficking, homelessness, and loss of family card data. Second, individuals with disabilities who are unable to complete the registration process.
Legal Certainty of Land Rights Affected By Natural Disasters Rachman, Rahmia; Ardiansyah, Erlan
Arena Hukum Vol. 17 No. 1 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2024.01701.7

Abstract

This research investigates the revitalisation of land rights after natural disasters. Using empirical juridical methods, the study concludes that the revitalisation of land rights in Central Sulawesi, carried out by the provincial government in collaboration with the Ministry of Agrarian Affairs and Spatial Planning/Head of the National Land Agency (Ministry of ATR/BPN) and led by the Head of BPN Central Sulawesi, involves the procurement of land through the use of abandoned land to relocate communities affected by disasters for the public interest. This land procurement is aimed at constructing permanent housing for disaster victims. Although BPN Palu City still recognises the land rights of areas affected by the disaster, these lands can no longer be used as they are located in disaster-prone zones (DPZ). Recipients of permanent housing will receive new certificates for plots of land that have been adjusted to the latest spatial design.
Tajdid Ushul Fiqh’s Husein Muhammad And Reformulation Of Women’s Jurisprudence Rohmah, Siti; Hamidah, Tutik; Zuhriah, Erfaniah; SJ, Fadil
Arena Hukum Vol. 17 No. 1 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2024.01701.1

Abstract

This study proposes ideas for reforming Husein Muhammad’s ushul fiqh to address and deconstruct the gender biases present in some aspects of Islamic law in Indonesia. Using a conceptual research approach through a literature study, this research finds that Husein Muhammad employed the method of reforming ushul fiqh when examining women’s fiqh issues. Husein Muhammad’s approach to tajdid in ushul fiqh includes Tawhid as the fundamental basis for understanding the Qur’an and hadith, interpreting the concept of asbâb al-nuzûl by examining the broader historical context of human traditions at the time of the Qur’an’s revelation, rather than a narrow focus, differentiating between muhkamat verses with universal values and mutasyabihat verses with particular dimensions, considering Makiyyah verses to have a universal dimension, in contrast to Madaniyyah verses which are seen as having specific dimensions, and typologizing verses into those with legal dimensions and those with informative dimensions, as well as distinguishing between legal hadiths and informative hadiths. The renewal of the epistemology of Islamic law proposed by Husein Muhammad aims to produce Islamic legal interpretations that are just and gender-equal, freeing women from the constraints of patriarchal culture and misogynistic fiqh texts.
Legal Implications of Consumer Personal Data Misuse by OJK Licensed Fintech Lending Operators Tektona, Rahmadi Indra
Arena Hukum Vol. 17 No. 1 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2024.01701.3

Abstract

The Financial Services Authority (OJK) has released a list of registered and licensed fintechs. The Investment Alert Task Force has taken firm action against illegal fintech lending that has the potential to break the law, along with the Indonesian National Police and the Ministry of Communication and Information. Privacy is violated when personal data are collected and shared. In the misuse of fintech lending consumer personal data, consumer rights are violated, and the loss is in the form of immaterial compensation. The legal implications are not only legal consequences with violations committed by the organizer, which result in the imposition of sanctions by the state. This normative legal research uses statutory, conceptual, and comparative approaches with a deductive-analytical method to explain the importance of regulating of personal data consumer protection on fintech lending operators.
The KPK'S Investigation Termination Warrant (SP3) Authority: Endeavours To Prevent Abuse Of Power Mohammad Syaiful Aris; Nahdyan, Auly; Abrianto, Bagus Oktafian
Arena Hukum Vol. 17 No. 1 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2024.01701.9

Abstract

The Corruption Eradication Commission (KPK) is a state entity created under Law No. 30 of 2002 in Indonesia to support the prosecutor’s office and the police in combating corruption. Law No. 30 of 2002 has been subject to multiple judicial reviews by the Constitutional Court (MK). In 2019, a proposal was submitted to amend Law No. 30 of 2002. The modification of the Law has both advantages and disadvantages, with some viewing it as weakening the KPK by categorising it inside the executive branch, thereby impacting the agency’s independence. One of the main focuses of this Article is the authorisation of the KPK to issue a Warrant to Terminate Investigation (SP3). SP3 results from the legal principle of defending human rights and serves as a tool for checks and balances, but it can also be prone to misuse. The research focuses on two main issues: changes in the KPK’s authority and the KPK Institution’s deconstruction. Secondly, the consequences of the KPK issuing SP3 and the risk of authority misuse in combating corruption. This study involves legal research utilising both statutory and conceptual approaches. This paper intends to evaluate the various ways in which power abuse might occur within a corruption eradication system, specifically focusing on delegating authority to the KPK in issuing SP3 from a constitutional standpoint. The conclusions of this study provide a way to prevent the abuse of SP3 through reporting procedures and case titles at the KPK Supervisory Board (Dewas). In addition, the method should include authorising the KPK to revoke SP3.
Cirebon Regional Government Policy To Protect Child Victims Of Sexual Violence Waluyadi; Marlina, Tina; Gumilang, Iwan G.; Irwany Indriyanti, Diah; Yuniarsih Genuni, Rianda
Arena Hukum Vol. 17 No. 1 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2024.01701.6

Abstract

This paper examines victims from the standpoint of criminal law, as well as the Cirebon Regency government’s policy and implementation for protecting child victims of sexual violence based on a sociolegal method supported by primary and secondary data. Data collection is based on literature studies, documentary studies, and interviews. Research data were analysed based on a qualitative method. The findings of the study reveal that victim protection in criminal law is indirect. The Cirebon Regency government established regional regulations, regent regulations, and regent instructions to protect child victims of sexual violence. A non-governmental organisation in the Cirebon Regency shows concern about child victim protection since the protection of child victims of sexual violence in the Cirebon Regency has not been appropriately implemented.
The Sale of Prescription Medicines Through E-Commerce Platform Without Prescription: Between Urgency And Compliance Shalmont, Jerry; Darmawan, Grace Iskandar; Dominica, Dora
Arena Hukum Vol. 17 No. 1 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2024.01701.2

Abstract

The sale of prescription medicines through e-commerce platforms is allowed by attaching the original medical prescription (electronic or handwritten prescriptions) and uploading it to the platforms. However, some parties sold it without the prescription, and some consumers still purchased those medicines. This research is focused on the cause of high demand in terms of the sale and purchase of prescription medicines without medical prescriptions on e-commerce platforms, as well as relevant solutions. This research is normative – empirical legal research, using regulatory and conceptual approaches. Based on the questionnaire and interview results, the consumers purchased those medicines through e-commerce platforms without prescription due to urgent needs. The analysis shows that a lack of consumer awareness of their rights is the main culprit of this phenomenon. In short, consumer awareness needs to be improved regarding compliance with the relevant laws and regulations for safety reasons.
Urgent Implementation of Regulatory Technology and Supervisory Technology in the Financial Technology Industry Hapsari , Recca Ayu; Resmi, Mahkota Djati Sinto; Safitri, Melisa
Arena Hukum Vol. 17 No. 1 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2024.01701.4

Abstract

Financial technology represents a significant innovation in Indonesia’s financial sector, encompassing regulation, practice, and oversight. While fintech has expanded rapidly, the surge in users has led to more complex products. This complexity increases the susceptibility of fintech to abuses, heightening risks of fraud, money laundering, and predatory lending. To mitigate these risks, the implementation of financial technology must be rigorously regulated and supervised, supported by advancements in regulatory and supervisory technology. This study aims to conduct a juridical analysis of regulatory and supervisory technology in the financial technology industry, exploring how these technologies are applied to enhance compliance and oversight. This study uses empirical methods with a qualitative-descriptive analysis approach and a socio-legal approach. The study results found that regulatory technology and supervisory technology are regulated in Articles 19 and 22 of the Financial Services Authority Regulation Number 13/POJK.02/2018 concerning Digital Financial Innovation in the Financial Services Sector. Financial technology operators carry out regulatory technology implementation with five basic regulatory technology implementation programs, namely e-KYC, e-reporting, fraud detection, regulatory compliance, and risk management, as well as the application of supervisory technology carried out by regulators with five basic programs for implementing supervisory technology, namely in the form of data analytics, e-reporting, tax reporting mining, customer support technology, and e-licensing.
History of The Development of The Principle of Delegatus Non-Potes Delegare and Its Implementation Al-Fatih, Sholahuddin; Fadli, Moh.
Arena Hukum Vol. 17 No. 1 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2024.01701.12

Abstract

The origin of the principle of delegatus non potes delegare is often debated in academic circles. This principle is essential because it is the basis for the origins of several policies and other legal rules, such as delegated legislation. This article traces the origins of the delegatus non potes delegare principle and the development of delegated legislation in several countries, including Indonesia. Using legal research methods with conceptual and historical approaches, this article finds that the delegatus non potes delegare principle was first used in Paris, France, in 1566. Thereafter, the use of the principle continued to develop until its implementation in delegated legislation. This article provides an overview of implementing delegated legislation in several countries, namely, the United States, United Kingdom, Germany, Netherlands, France, India, Nigeria, Australia, Indonesia and in one supra-national region, namely, the European Union. Three critical aspects must be considered in the implementation of delegated legislation: the arrangement, the supervisory body/institution, and the form of supervision.
Challenging The Investigator’s Investigation Termination Authority Without Public Prosecutor’s Approval Jefferson Hakim
Arena Hukum Vol. 17 No. 1 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2024.01701.10

Abstract

The principle of dominus litis is owned by the Public Prosecutor as the master of the case in the criminal justice system. The Public Prosecutor has a central role in criminal law enforcement which begins when following the progress of the investigation carried out by investigators to the execution of court decisions that obtain permanent legal force. However, the Criminal Procedure Law seems to exclude the absolute authority of the Public Prosecutor as the master of the case concerning the investigator’s authority to terminate an investigation without prior approval of the Public Prosecutor. This resulted in the Public Prosecutor not having a control function over the investigation executed by investigators with the potential for abuse of authority. The research method used in this study is normative juridical with descriptive analysis. This study used secondary and tertiary data, which were prepared and analysed according to the discussion in this study. The study reveals that the investigator’s authority to stop the investigation without prior approval from the Public Prosecutor is contrary to the principle of dominus litis attached to the Public Prosecutor associated with the Guidelines on the Role of the Prosecutor and the authority of the Public Prosecutor in England and Wales and South Korea.

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