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PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)
Published by Universitas Padjadjaran
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 7 Documents
 1 
Search results for , issue "Vol 10, No 1 (2023): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)" : 7 Documents clear
The Possibility of the Implementation of Fast-Track Legislation in Indonesia Rosita Miladmahesi; Wicipto Setiadi; Diani Sadiawati; Handar Subhandi Bakhtiar
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 10, No 1 (2023): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

The idea of the implementation of fast-track legislation in Indonesia has been widely discussed lately. It is triggered by the absence of definitive provisions regarding the period for the formation of law. This study examined concept and mechanism of fast-track legislation in some states; and compared them to Indonesia. It projected the idea of implementing fast-track legislation in Indonesia. The study used conceptual and comparative methods related to the mechanism of fast-track legislation. The analysis was performed qualitatively to produce conclusions related to the implementation of fast-track legislation in Indonesia. There are various methods of fast-track legislation around the world based on regulatory features, indicators, bill proposers, subjects, legalizations, and supervisions over the law generated from the fast-track legislation. Sometimes, law is generated quickly, and, on other occasions, it takes a long time, regardless of the material content, the urgency, and the implications. Indonesia needs clear benchmarks for law process completion. Unfortunately, the idea cannot be implemented immediately because a fast-track legislation mechanism must go together with an in-depth study, which covers several substantial changes in the Indonesian legal system in terms of law, institutions, and supporting instruments.DOI: https://doi.org/10.22304/pjih.v10n1.a6
The European Union Charter of Fundamental Rights: Strengthening the Participation in the European Union Adnan Mahmutovic
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 10, No 1 (2023): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

This study employed legal and political analysis to assess the significance of the European Union Charter of Fundamental Rights to strengthen the democratic legitimacy of the European Union. There is a lack of comprehensive analysis of the contribution of the European Union Charter of Fundamental Rights to enhance the democratic legitimacy of the European Union. Therefore, this study tried to address the gap by focusing on specific provisions of the Charter that are designed to promote participatory democracy and to foster a closer relationship between the citizens and the European Union. The study also explored the legal challenges and complexities surrounding the interpretation, application, and balance of fundamental rights in the European Union, especially considering recent verdicts of national constitutional courts and their implications for the role of the European Court of Justice. The study aims to identify potential benefits of the Charter, such as improving the relationship between the EU and its citizens and strengthening the European Union’s legal system and legitimacy by safeguarding citizens’ fundamental rights.DOI: https://doi.org/10.22304/pjih.v10n1.a2  
Principle of Neutrality and the Obligation to Prevent International Humanitarian Law Violations: A Case Study of US Military Assistance in Russia-Ukraine War Gregory Joshua Manogar; Diajeng Wulan Christianti
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 10, No 1 (2023): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

Although international law forbids states to use force against each other, every state has an obligation to stop the ongoing violation of international humanitarian law. Consequently, the relevance of the traditional law of neutrality is questionable and often considered obsolete in contemporary armed conflict. The United States of America introduced the doctrine of qualified neutrality. The doctrine allows other states to do something when there is a threat or ongoing violations of the peace and security of humankind. The United States has commonly justified its military assistance to one of the warring parties using the doctrine as in the current Russia-Ukraine War. The United States provides vast military assistance to Ukraine, consisting of weapons and specialized military training to stop Russian aggression. This study aims to assess the qualified neutrality doctrine from an international law perspective and whether the United States can still preserve its neutral status or become a co-belligerent of Ukraine. This study argues that qualified neutrality will not change the status of a neutral state into co-belligerent if it does not involve any use of force measures or, otherwise, these measures shall fall within the framework of the UN Charter and require authorization from the UN.DOI: https://doi.org/10.22304/pjih.v10n1.a5
Identifying the Use of Smart Enforcement in Citarum River Environmental Law Enforcement Nadia Astriani; Andri Gunawan Wibisana; Anindrya Nastiti; An Nissa Ayu Mutia; Hajriyanti Nuraini
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 10, No 1 (2023): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

The Citarum River is one of the most strategic rivers in West Java Province, Indonesia. It has been a major water supplier for various agricultural and industrial needs. Unfortunately, human activity increases around the watershed. Thus, the water quality of the river decreases due to pollution. The central and regional governments launched the Citarum Harum program to reduce pollution in the Citarum River. One of the main issues of the program is related to environmental law enforcement. A lengthy process, high case costs, and light sanctions make law enforcement through the courts ineffective. This study discusses whether the environmental law enforcement in the Citarum River is smart enforcement. The study used normative empirical legal analysis with a juridical approach. This study concludes that the government should plan the law enforcement by means of Smart Enforcement strategy to make the enforcement more effective and efficient. It will provide clearer directions to law enforcement officers in the law enforcement. In addition, the efforts to carry out effective and efficient environmental law enforcement need more human and financial resources.DOI: https://doi.org/10.22304/pjih.v10n1.a3   
Sexual-Violence Offenses in Indonesia: Analysis of the Criminal Policy in the Law Number 12 of 2022 Topo Santoso; Hariman Satria
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 10, No 1 (2023): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

In 2022, Indonesia enacted the Law on Sexual Violence Offenses. The Law criminalizes ten acts of sexual violence and categorizes them as criminal offenses. The Law aims to prevent criminal offenses of sexual violence through deterrence, coordination, and monitoring by central and regional law enforcement agencies. The Law adopts both sanctions and treatment in the matter of criminal sanctions. The Law distinguishes types of punishment based on principal and additional penalties, including against corporations. Based on the severity of the penalty, the Law includes indefinite and definite sentences. However, the Law remains weak on restitution that should be action sanctions rather than criminal sanctions and lack of corporate criminal liability regulation. The severity of the penalty that was adopted by the Law should be in the form of indefinite sentences to provide the maximum deterrent effect. In addition, there is a lack of synchronization between the Law and other laws, including the Laws on Human Trafficking, Pornography, and the Elimination of Domestic Violence.DOI: https://doi.org/10.22304/pjih.v10n1.a4
An Evaluation of the Selection Mechanism of Constitutional Judges in Indonesia and South Korea Iwan Satriawan; Seokmin Lee; Septi Nur Wijayanti; Beni Hidayat
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 10, No 1 (2023): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

This paper aims to evaluate the appointment process of Constitutional Court Judges in Indonesia. A guarantee of the judiciary independence is a foundation of a modern democratic state because a judge’s appointment depends on a selection process. Using normative and empirical legal study, the study shows that Indonesia does not have a standardized selection process among the proposing organs regarding assessment and procedure. The selection mechanism is decentralized. It relies on the proposing organs respectively. On the other hand, South Korea has a more standardized selection process, especially on confirmation hearings organized by the National Assembly. The Korean model, which emphasizes the National Assembly confirmation hearing, has strongly contributed to the selection process because it ensures transparency and accountability. The study suggests that Indonesia should seriously consider establishing a confirmation hearing system for justices like South Korea. A more transparent selection will reduce the number of corrupt public officials (justices). Unfortunately, the current Korean system also needs improvements. The suggestions include (1) separation of the ethical and professional competence evaluation phase, (2) extension of the confirmation hearing duration, (3) enhancing the requirement for witness attendance and submission of data, and (4) prohibition of the use of personal hearing data. DOI: https://doi.org/10.22304/pjih.v10n1.a7
The Renewal Policy of the Adultery Concept in Article 411 of the Law Number 1 of 2023 on the Indonesian Criminal Code Mas Putra Zenno Januarsyah; Dwidja Priyatno; Somawijaya Somawijaya; Widiada Gunakaya
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 10, No 1 (2023): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

At present, Indonesia needs to update the Indonesian Criminal Code to replace the Dutch Colonial Criminal Code that still exists. The jurists, especially criminal law experts, have been involved in a lengthy debate on overhauling, reformulating, revising, and even reforming the Criminal Code to align with Indonesian values. This study aims to determine the foundation of the policy to expand the concept of adultery and the values protected by the expansion contained in Article 411 of Law Number 1 of 2023 on the Criminal Code. This study was a descriptive study that used a normative juridical approach. The data collection techniques employed secondary data with a study of documents. The data were analyzed with qualitative methods. The result shows that the foundation of the expansion policy is the perspective of criminal policy. The formulation of the adultery offense in Article 284 of the Criminal Code is a problematic policy because it is not in accordance with the values of the Indonesian people. The formulation of the article only convicts the offenders who are committed in marriage. The provision does not require punishment to unmarried convicts. The arrangements for adultery offenses that are still in effect today are not based on a view of life. They do not reflect the social structure of the Indonesian people with the characteristics of kinship, groups, and beliefs. On the other hand, Article 411 of Law Number 1 of 2023 on the Criminal Code expands the concept of adultery to protect the religious and moral values closely related to Pancasila.DOI: https://doi.org/10.22304/pjih.v10n1.a1

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