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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 9, No 1 (2022): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)" : 7 Documents clear
The Existence of Indonesian National Research and Innovation Agency: The Academic Freedom’s Perspective Muhamad Dzadit Taqwa; M. Irfan Dwi Putra; Muhamad Ali Muharam
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 9, No 1 (2022): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

Recently, Indonesia has taken a policy to merge all the research institutions, which were classified as non-ministerial institutions, into the National Research and Innovation Agency (BRIN –Badan Riset dan Inovasi Nasional). The BRIN is expected to (1) reduce the research costs for the research institutions; and (2) integrate and harmonize these institutions. On the other hand, the policy has drawn constitutional law scholars' attention. Many of them who concern that BRIN intervenes academic freedom in Indonesia. The main factor that causes the concern is the subordinate relationship between the President and the BRIN that restrain researchers from their academic activities. This study aims to reveal the potential problem in the light of academic freedom. This study is of position to argue that the existence of the BRIN will not become an issue if it does not disrupt the essential aspects of academic freedom. However, the necessity and the urgency of its existence still draws questions.DOI: https://doi.org/10.22304/pjih.v9n1.a6
The Right to Water in Jakarta: Limitation in a Sinking City Ahmad Risyad Sumartapraja; Diajeng Wulan Christianti
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 9, No 1 (2022): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

Unsustainable groundwater extraction in Jakarta has resulted in the subsidence of its land. Said effect had prompted the Regional Government to limit groundwater extraction. Consequently, the limitation threatens Jakarta residents’ minimum core enjoyment of the Human Right to Water (HRtW). People who live in coastal areas are the most affected. Northern Jakarta have considered the limitation as a burden that force them to spend more on necessities. Since there are no safeguards nor alternatives and that the limitation is from the Regional Government is disproportionate, this study argues that there is a violation of Jakarta residents’ Human Right to Water since their access towards water has been impeded, especially in areas without piped water. The Human Right to Water is a fundamental right, a foundation of the enjoyment of other rights. Like other human rights, it can be limited if the alternatives have already been installed. This study argues that, in the case of Jakarta, the safeguards that are supposed to be put into place is the progressive realization of Human Right to Water. It is the installation of a holistic piped water network. Indonesia has an obligation to provide piped water as a safeguard to its limitations otherwise international human rights law will be violated. DOI: https://doi.org/10.22304/pjih.v9n1.a3
Force Majeure in Aircraft Lease Agreement and Covid-19: Indonesian and English Law Perspectives Hasna Hasna
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 9, No 1 (2022): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

The Covid-19 pandemic has resulted in the establishment of flight restrictions throughout the world. Airlines lose their main source of income. In fact, most aircraft operate from leasing schemes making them unable to fulfill their payment obligations under the aircraft lease agreement. Airlines argue that the Covid-19 pandemic is a force majeure event, is beyond its control, and causes the contractual obligations to be unenforceable. This study reveals Indonesian and British law perspectives on force majeure, related to the Covid-19 pandemic, and analyzes such implementation in the aircraft lease agreement. English law was chosen because most aircraft lease agreements are governed by English law, in accordance with the implementation of the autonomy of the parties of international civil law. This study shows that both Indonesian and English laws regulate force majeure events for the affected party to be released from contract obligations if the party is truly unable to carry out obligations due to force majeure. The event of force majeure must also be regulated specifically in the agreement. However, in the aircraft lease agreement, there is a hell or high-water clause that the obligation to pay rent is absolute regardless of any circumstances. Therefore, the legal provisions regarding force majeure do not apply to aircraft lease agreement unless it is mentioned.DOI: https://doi.org/10.22304/pjih.v9n1.a5
Assessing the Assurance of Legal Certainty and Equity of the Indonesian Law of Money Laundering Seno Wibowo Gumbira; Umi Khaerah Pati; Kukuh Tejomurti; Ratna Nurhayati
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 9, No 1 (2022): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

Law of Money Laundering has a fundamental point to eradicate transnational predicate and serious crimes. Each state has different arrangements to address predicate crime. Indonesia considers predicate crime in the category of ordinary crime consisting of fraud and embezzlement. However, ordinary or conventional crimes may only be subject to the Law under limited circumstances. Article 69 of the Law of Money Laundering remains debatable among criminal law experts due to the relation with Articles 77 and 78 of the Law. The last two articles prescribe that burden of proof on the case of predicate crimes is on defendant, not public prosecutor. Defendant must prove assets that are suspected as result of crime, not acquired from the crime, or related to crime. Currently, there is no elucidation to the articles. This study analyzed two legal issues. Firstly, does the formulation of Article 2, paragraph 1, and Article 69 of the Law of Anti-Money Laundering guarantee legal certainty and fulfil a sense of justice? Secondly, does the Article 2 paragraph 1 letter z of the Law cause ordinary criminal acts to be entangled with the Law on Money Laundering?DOI: https://doi.org/10.22304/pjih.v9n1.a1
The Urgency of Doxing on Social Media Regulation and the Implementation of Right to Be Forgotten on Related Content for the Optimization of Data Privacy Protection in Indonesia Teguh Cahya Yudiana; Sinta Dewi Rosadi; Enni Soerjati Priowirjanto
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 9, No 1 (2022): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

Data privacy that attached to every social media user has become a target of crime. One of the crime types that utilizes social media is doxing. Nowadays, the cases of doxing are increasing. There are still no specific and comprehensive normative rules that cover the data privacy protection to avoid doxing on social media. The fact makes the law enforcement still not optimal. This study is a descriptive study to answer some questions. Firstly, how to regulate doxing on social media based on the perspective of Indonesian law compared to the perspectives of other states in similar issue? Secondly, how the implementation of the right to be forgotten in doxing cases can optimize data privacy protection in Indonesia? This study used a normative juridical and case study approach. This study has resulted several results. Firstly, Indonesia needs special regulation for doxing on social media to protect the user data privacy. Secondly, the regulation of right to be forgotten should be reformulated and must be applied as a solution to doxing content. Doxing on social media regulation with the right to be forgotten can be further regulated through the legal regulation to provide a better data privacy protection.DOI: https://doi.org/10.22304/pjih.v9n1.a2
A Deleuzian Reading on Hart’s Internal Point of View Harison Citrawan
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 9, No 1 (2022): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

Reading H.L.A Hart’s internal point of view or participant’s self-understanding through Deleuzian philosophy suggests an alternate way of grasping Hart’s refutation of John Austin’s command-based theory of law. The study claims two main arguments. First, a Deleuzian investigation of participants’ self-understanding asserts the way to understand not only what law is but also what is about law, or, to be precise, what law can actually do. Therefore, Hart’s participant’s self-understanding is not simply a property of law but instead, it is a concept that uncovers the capacity of Deleuzian ‘desiring-machines’ in law’s plane of immanence. Second, by putting Hart’s concept to the initial proposition of refutation of Austinian mere habit of obedience, we can situate the participants as desiring-machine whose acceptance to rule is essentially a form of communications. That is, like a rhizome, it has no definite root/source. Self-understanding or acceptance does not stem from a particular sovereign power—it somehow reflects Deleuze’s transcendental empiricism.DOI: https://doi.org/10.22304/pjih.v9n1.a7 
The Urgency of Open Application Programming Interface Standardization in the Implementation of Open Banking to Customer Data Protection for the Advancement of Indonesian Banking Billiam Billiam; Lastuti Abubakar; Tri Handayani
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 9, No 1 (2022): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

Open banking with Application Programming Interface technology (open API) is an initiative that aims to streamline the payment system in Indonesia. Open API allows banks to integrate their systems with fintech and e-commerce by disclosing customer transaction data. This study aims to reveal the urgency of open API standardization in the Indonesian implementation of open banking. The study employed a normative juridical approach to secondary data. The data includes primary, secondary, and tertiary legal materials. It also used a qualitative normative data analysis method. It concludes that before the establishment of the National Standard for Open API Payment (SNAP), the process of sharing data among banks and fintech and/or e-commerce was unstandardized. It was only based on agreement among parties. Indonesian banks have different-various standards of the open API that could affect customer data protection. According to the Regulation of the Financial Service Authority Number 12/POJK.03/2018, the relationship between banks and fintech and/or e-commerce in the administration of digital banking services that is based solely on agreements among parties is not strong enough. OJK indeed presents as a supervisory agency. However, the parties will eventually return to an agreement among themselves. In contrast to the Regulation of the Financial Service Authority, the Regulation of Members of the Board of Governors, which is the legal basis for SNAP, provides standards that both service providers and service users must comply with. However, the implementation of SNAP-based open APIs still needs the readiness of personal data protection regulations.DOI: https://doi.org/10.22304/pjih.v9n1.a4 

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