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INDONESIA
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 11, No 3 (2024): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)" : 7 Documents clear
Extraterritorial Act versus the Indigenous People Protection: An Analysis of the European Union Deforestation-Free Regulation Tehupeiory, Aartje; Simbolon, Putu George Matthew
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 11, No 3 (2024): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

At first glance, indigenous people and international trade appear to be two separate issues. However, this perception does not apply in the case of European Regulation 2023/1115. This study aims to provide an understanding of how Indonesia should respond to the EU DFR, which has affected Indonesia’s national interests in protecting indigenous people. This study applied a normative method through doctrinal and conceptual approaches to achieve the objective. The study covers two main discussions. The first explains how due diligence under the EU DFR has indirectly pushed Indonesia to become an EU trading partner and provide more excellent protection for local indigenous people to gain access to the Union’s market for its agricultural products. The second discussion explains how Indonesia should respond to this regulation by considering protecting its indigenous people and ensuring the availability of market access for Indonesian companies and traders. The first discussion states that the EU DFR will prohibit the export and import of agricultural products if the trading partner’s company does not provide adequate legal protection for its indigenous people. The second discussion suggests that Indonesia must better protect its indigenous people to secure market access to the European Union. However, if the EU regulator acts arbitrarily, Indonesia reserves the right to address these issues through the available means of trade dispute settlement under international law.
The Licensing Transformation in Small and Medium Industries Affecting Environment Following the Establishment of the Law on Job Creation: A Case Study of the Washing Industry in Bandung Regency Adikancana, Santi Hapsari Dewi; Santosa, Mas Achmad
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 11, No 3 (2024): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

The Law on Job Creation and its derivative regulations have shifted the licensing paradigm from a license-based approach to a risk-based one, focusing its primary consideration on risk. The Government Regulation Number 5 of 2021 on the Implementation of Risk-Based Business Licensing regulates the division of risks into four types: low, medium-low, medium-high, and high. The purpose of the Law on Job Creation is to provide ease of doing business. Unfortunately, business certainty has not been fully achieved due to various difficulties. This study aims to describe (1) the industrial conditions in Bandung Regency, especially in the washing industry, on the small and medium scales, and (2) the regulations of small and medium industries whose business activities have the potential to cause pollution. This study concludes that Industrial regulation in small and medium-sized enterprises requires collaborative governance between the government, business actors, and the community. Consistent law enforcement and penalties for violations are essential so that business activity continues to increase and the environment remains sustainable. 
Self-Defense Justifications: from Caroline Case to Russia v Ukraine Putra, Jaya Indra Santosa; Sefriani, Sefriani; Febriani, Yasyfa; Khoirunnisa, Hafara; Ramadhan, Muhammad Rizki
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 11, No 3 (2024): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Russia's invasion of Ukraine on February 24, 2022, attracted international attention when Russia justified the invasion as an act of self-defense based on Article 51 of the UN Charter. This study is a normative legal study that aims to analyze the role of International Customary Laws in determining the legality of the use of self-defense, particularly on Russia’s claims in the armed conflict with Ukraine. This study employed conceptual, statutory, political, and historical approaches. In adherence to Article 51 of the UN Charter, relevant Customary International Laws such as the Caroline Test and supplemental relevant rulings from the International Court of Justice were considered essential in evaluating and determining the legality of self-defense. Based on the legal standards set forth in the Caroline Test and ICJ’s Rulings, Russia's use of self-defense failed to fulfil the imminency, proportionality, and necessity standards, making the actions illegitimate under International Law. Hence, the action was invalid according to international law.
Legal Opportunities Solutions to Tackle the Deficit in Indonesia’s National Health Insurance Program Arimbi, Diah
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 11, No 3 (2024): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Indonesia's National Health Insurance program faces significant challenges, including financial deficits and declining membership, managed by the Social Security Administrative Body for Health (BPJS Kesehatan). This study explores legal opportunities for alternative funding to address these issues. It employed a normative juridical approach with secondary, primary, and tertiary legal sources to examine the implementation of the Law Number 24 of 2011 and the Government Regulation Number 53 of 2018. Although cigarette tax collection regulations aim to realize health funding, there are no optimal results. However, Indonesian law offers extensive opportunities, such as increasing cigarette excise rates, leveraging corporate social responsibility, and engaging in creative funding collaborations with the government, private sector, non-governmental organizations (NGOs), and communities. These strategies are proposed to mitigate the deficit, expand participant coverage, enhance the National Health Insurance program's quality, and improve overall health standards.
A Review of the Indonesian Regulatory Policy on MSMEs and Cooperatives for Boosting Economic Potential towards the Industrial Revolution 4.0 Koesrianti, Koesrianti; Tanega, Joseph
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 11, No 3 (2024): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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The Indonesian government emphasizes the economic potentials of Indonesian micro, small, and medium enterprises (MSMEs) and cooperatives in the Industrial Revolution 0.4 by adopting regulations, policies, and programs that are MSME friendly. This study aims to review the optimization of MSMEs’ digital capability by examining the regulations, the policies, and the programs. It examines the regulatory framework that facilitates the digital MSMEs ecosystem work. Employing a cross-disciplinary approach within law and economics, this legal study adopts a descriptive design, using data from primary and secondary sources on the digitalization of MSMEs in Indonesia. The digital economy necessitates specific managing the adoption of Information Communication and Technology (ICT) across all businesses in Indonesia, including large enterprises, small enterprises, and micro businesses. This study argues that these government measures had a low impact on Indonesian MSMEs. This study concludes that sustainability government support in creating an inclusive digital economy of MSMEs is indispensable. The spirit of gotong royong, Indonesia's culture of community cooperation, should be leveraged to empower MSMEs. The absence of a centralized institution to coordinate policies and programs on the digitalization of MSMEs undermines the effectiveness of the national digital strategies for MSMEs. Indonesia’s plan to become the tenth-largest economy in the world by 2030 may remain unattainable without addressing the gap.
The Implications of Halal Regulations in Indonesia: A Consumer Protection’s Legal Perspective Yuanitasari, Deviana; Sardjono, Agus; Susetyo, Heru
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 11, No 3 (2024): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

Indonesia is a Muslim-majority country that requires the state’s ability to protect Muslim populations’ religious practices. Muslims are obliged to eat halal food and beverages. Muslims may now easily purchase halal goods because of Law Number 8 of 1999 and Law Number 33 of 2014, which guarantees the authenticity of halal products. Muslims make up a sizable and potentially influential market segment, making this legislation even more crucial. The Law Number 6 of 2023 on Job Creation has revised many laws, including the Law Number 33 of 2014. Nevertheless, this rule was short-lived. Micro and small enterprises may get free halal certification with a business statement under the previous regulations. This free certification aims to let Muslim customers get halal items faster and more efficiently. This study aims to determine the impact on the field with the enactment of Law Number 6 of 2023 on implementing halal certification for micro and small businesses to protect Muslim consumers. This study used secondary data and employed normative legal methodologies. It reveals that halal certificates are defined differently in different regulations. The inconsistent definitions affect micro and small businesses' halal certification and halal certificates’ validity period. Customers' trust in small stores and other small enterprises may rise or fall indefinitely, depending on the prospect of validity.
The Legal Status of Shipwreck Cargoes as Underwater Cultural Heritage from National and International Standpoints Arifin, Ridwan; Riyanto, Sigit; Putra, Akbar Kurnia; Wicaksono, Sonny Saptoajie; Sipahutar, Bernard
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 11, No 3 (2024): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

Shipwreck cargo or Benda Muatan Kapal Tenggelam (BMKT) in Indonesia, often referred to as underwater cultural heritage (UCH), holds significant economic potential for Indonesia, a nation prosperous in UCH sites. However, the preservation and management of these assets frequently encounter legal challenges at both national and international levels. This study examined the complex legal landscape surrounding shipwreck cargo in Indonesia, highlighting the divergent perspectives of national legislation and international norms. Indonesia's domestic laws allow for the auctioning of shipwreck cargo, which presents an opportunity for economic advancement. However, this approach clashes with the principles outlined in the Convention on Protection of the Underwater Cultural Heritage 2001, which underscore the collective heritage value of UCH objects and discourages their commercialization. This legal divergence underscores the need for Indonesia to balance its national interests with its international commitments in managing shipwreck cargo. By examining these legal intricacies, this study reveals the challenges of the coexistence of conflicting legal frameworks. It provides insights into potential strategies for harmonizing preservation efforts with commercial interests, thereby facilitating a balanced approach to the management of shipwreck cargo. By navigating these complexities, Indonesia can effectively leverage its underwater cultural heritage while fulfilling its obligations as a member of the international community.

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