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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 3 (2023): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)" : 7 Documents clear
Renewable Energy Development in Indonesia From New Normal to Better Normal: Environmental Law Perspectives Adharani, Yulinda; Nurlinda, Ida; Siswandi, Gusman; Priyanta, Maret; Salsabila, Rewita
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 10, No 3 (2023): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

The COVID-19 pandemic has changed many aspects of human life worldwide. This virus makes people aware of the importance of the environment and the relationship between humans and the environment. One of the awareness is the transition from fossil energy to renewable energy. This article aims to explore the opportunities to develop renewable energy in Indonesia from an environmental law perspective and to reduce the obstacle in energy utilization to advancing renewable energy development.  To achieve the aims, the writer uses the doctrinal method. This research adopted a qualitative research method to conduct the research objectives of this study. This article describes the theories of environmental law that grow and develop from human relations. The environment has a vital role in encouraging human behaviour that supports a better normal life that is more harmonious with the environment.  The environmental phenomenon caused by the COVID-19 pandemic is triggering the transition from fossil energy to renewable energy, especially in Indonesia. The Indonesian government should ratify regulations related to renewable energy immediately to reduce the obstacles to renewable energy development, such as environmental problems.DOI: https://doi.org/10.22304/pjih.v10n3.a7
Dysfunctional Factors of Environmental Law on Strategic Lawsuit Against Public Participation and Developing Remedial Strategies Through Reconstruction Criminal Law System Model in Indonesia Hartiwiningsih, Hartiwiningsih; Gumbira, Seno Wibowo; Barkhuizen, Jaco
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 10, No 3 (2023): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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The excessive criminalization of community and environmental enforcement activists has prolonged the problem of SLAPP (Strategic Lawsuits Against Public Participation) in Indonesia. This study explores the factors contributing to non-optimal protection for citizens and environmental law enforcement activists. It aims to develop an ideal model for formulating the criminal law system to address Indonesia's Strategic Lawsuit Against Public Participation (SLAPP). This study used a doctrinal juridical approach to analyze and identify the factors preventing environmental law from effectively providing legal protection to the community and activists advocating for a good, healthy, and safe environment or the occurrence of SLAPP. This research found that the new model should incorporate clear sentencing guidelines for law enforcement while addressing and reformulating conflicting legal instruments. The goal is to foster juridical harmonization, serving as a strategic approach to prevent SLAPP in the future.DOI: https://doi.org/10.22304/pjih.v10n3.a6 
The Effect of Extra Judicial Settlement in Criminal Cases Based on the Principle of Ultimum Remedium Sulistiani, Lies; Fakhriah, Efa Laela
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 10, No 3 (2023): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

The principle of ultimum remedium suggests that criminal sanctions should be used as a last resort when other legal avenues have been exhausted. The principle is not explicitly stated in the Indonesian Criminal Procedure Law and is often considered a mere slogan in practice.  Recently, there has been a growing trend of resolving minor criminal cases outside the formal judicial process. Instead of imposing criminal penalties, conciliation or restorative justice methods are being used. In this context, restorative justice involves reaching an agreement that resolves conflict between the offender and victim. Although not specifically regulated by the Criminal Procedure Law, there has been a shift in how criminal law enforcement views minor cases, allowing for reconciliation or peace agreements. The introduction of restorative justice mechanisms by law enforcement agencies has made the practice of reconciliation more flexible, moving away from its initially punitive nature. Additionally, including peace within restorative justice indirectly strengthens the ultimum remedium principle, ensuring that criminal sanctions are truly used as a last resort in certain minor cases.DOI: https://doi.org/10.22304/pjih.v10n3.a1 
The Inadequacy of Legal Provisions on Workplace Sexual Harassment in Nigeria and Ghana: The Way Forward Emudainohwo, Emuobo
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 10, No 3 (2023): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Sexual harassment has been a persistent problem in workplaces in Nigeria and Ghana. The legal provisions in both jurisdictions generally focus on the definition of “sexual harassment” without remedies for the harassment, sanctions, enforcement procedures, anti-sexual harassment policies, complaint procedures, etc., that can control sexual harassment in the workplace. The article examines the scantiness and inadequacy of legal provisions on workplace sexual harassment in Nigeria and Ghana, suggesting a way forward. The doctrinal research method has been deployed, focusing on relevant Nigerian and Ghanaian legal provisions. The article considers the organization theory of sexual harassment, using it as a framework, and then contributes to the discussion by arguing that the inadequacy of local laws on workplace sexual harassment is a possible factor for the prevalence or frequency of workplace sexual harassment. The article recommends comprehensive legal provisions to control workplace sexual harassment. Relying on some of the items in the guidelines made by the Indian Supreme Court on workplace or work premises sexual harassment in the case of Vishaka v State of Rajasthan, the article suggested using a comprehensive law that can control workplace sexual harassment. If the suggestions are followed, the incidences of sexual harassment will reduce drastically in workplaces in Nigeria and Ghana. Workplace or work premises sexual harassment in Nigeria and Ghana and the relevant legal provisions have been used to set the article’s limit and to project the discussion herein.DOI: https://doi.org/10.22304/pjih.v10n3.a4
A Discourse of the Indigenous Peoples' Rights and Their Contributions to the Indonesian Development: Lessons Learned from New Zealand Jamin, Mohamad; Hermawan, Sapto; Mulyanto, Mulyanto
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 10, No 3 (2023): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

The struggles of indigenous peoples in both New Zealand and Indonesia to gain legal recognition remain ongoing. This study focuses on two central aspects. Firstly, it examines the historical-legal journey of indigenous peoples in their quest for legal acknowledgment. Secondly, it makes a comparative analysis with New Zealand, highlighting the potential contributions that indigenous peoples can provide to their respective countries. The study follows a legal research methodology, linking existing issues with authoritative sources and real-world situations. The findings reveal that in New Zealand, indigenous peoples possess a legal standing, albeit not entirely comprehensive. Conversely, Indonesian regulations do not provide strong legal support for indigenous people's rights. Despite their limited rights, indigenous peoples in New Zealand have made significant contributions to the nation's development. Additionally, the article contends that given their fundamental role in the founding of the Indonesian State, it is time for indigenous peoples to receive proper recognition for their substantial contributions to the nation's development.DOI: https://doi.org/10.22304/pjih.v10n3.a3
Resolving the Conflict of Interests Issue within the Laws Concerning the Political Matters: Deliberative Democracy or Empowering Dewan Perwakilan Daerah? Taqwa, Muhamad Dzadit; Sirait, Melinda Yunita Lasmaida; Alfarizy, Ahmad
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 10, No 3 (2023): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

This study examines whether the concept of deliberative democracy could offer a viable solution to the issues surrounding laws on political matters, commonly referred to as Paket Undang-Undang Politik in Indonesia. These laws, including general election regulations, have become problematic due to their close association with the drafters. Over the past two decades, presidents and the majority in the House of Representatives have formed coalitions to maintain government stability. However, this success has had a detrimental impact on the system of checks and balances during the drafting of these laws. While the Constitutional Court could potentially intervene by reviewing these laws, it has often not addressed the conflict of interest issues arising from open legal policies, especially in cases related to reviewing election laws. This paper addresses this issue by proposing a solution integrated into the drafting process to mitigate conflicts of interest in political matters legislation. The proposed approach involves incorporating an additional institution in the drafting process not directly influenced by political interests. In other countries, similar issues are tackled through practical implementations of deliberative democracy, which directly involves citizens as the decisive factor, using methods such as citizen assemblies and deliberative polling. We suggest empowering the Regional Representatives Council could offer a more practical solution to this issue.DOI: https://doi.org/10.22304/pjih.v10n3.a2
Developing Effective Procedures for Public Participation in Spatial Planning Regulation in Indonesia: Lesson Learned from Australia Widiatedja, I Gusti Ngurah Parikesit; Ranawijaya, Ida Bagus Erwin; Purwani, Sagung Putri ME; Dwi Atmaja, Bima Kumara
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 10, No 3 (2023): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

Public participation is a crucial aspect of spatial planning, serving to achieve sustainable development objectives. The Indonesian government has recognized this fact andincorporated public participation in its spatial planning lawsand regulations. However, procedures for involving the public have been criticized for lacking genuine participation, highlighting opportunities for public input only being offeredformally. Meanwhile, public participation is considered a significant component of spatial planning regulation in Australia, particularly in Victoria. The government has involved the public in various stages of the planning process, including creating a planning scheme, issuing planning permits, and completing planning agreements. Based on the established procedures under current Australian legislation, this study aims to provide a practical solution by examining and contrasting the role of public participation in spatial planning regulation between Indonesia and Australia. This study concluded that Indonesia might consider adopting Australia's strategy and setting up planning panels to regulate spatial planning. Planning agreements can also be advantageous, particularly for large-scale or mega projects that significantly negatively impact the environment and local communities. DOI: https://doi.org/10.22304/pjih.v10n3.a5 

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