cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
-
Contact Email
-
Phone
-
Journal Mail Official
-
Editorial Address
-
Location
Kota bandung,
Jawa barat
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 9, No 2 (2022): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)" : 7 Documents clear
Deregulation in Job Creation Law: The Future of Indonesian Labor Law Nabiyla Risfa Izzati
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 9, No 2 (2022): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

A new era in Indonesian labor policy has begun with the recent passage of Law Number 11 of 2020 on Job Creation. The Law modifies dozens of legislations to make business performance easier and strengthen the national investment climate. In doing so, the Law deregulated some key Indonesian labor law policies, reducing previous labor rights formerly governed by Law Number 13 of 2003 on Manpower. The Job Creation Law also seems to increase labor market flexibility. It makes businesses simpler by the provision to hire workers through an outsourcing system or legalizing longer fixed-term contracts, which will make the labor market more precarious for workers in the long run. The study aims to analyze whether deregulation is a way forward for Indonesian labor law and what impact it might bring on workers. The study found solid evidence that the Indonesian government is currently underway on its mission to deregulate labor regulations. This may impact badly on workers, as many labor protections previously mandated by law are reduced. Therefore, workers must strengthen their bargaining position through collective bargaining and reinforcing the trade union to survive in the post-Job Creation Law era.DOI: https://doi.org/10.22304/pjih.v9n2.a3 
Constructing Responsible Artificial Intelligence Principles as Norms: Efforts to Strengthen Democratic Norms in Indonesia and European Union Rofi Aulia Rahman; Valentino Nathanael Prabowo; Aimee Joy David; József Hajdú
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 9, No 2 (2022): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Artificial Intelligence influences democratic norms and principles. It affects the quality of democracy since it triggers hoaxes, irresponsible political campaign, and data privacy violations. The study discusses the legal framework and debate in the regulation of Artificial Intelligence in the European Union legal system. The study is a doctrinal legal study with conceptual and comparative approach. It aims to criticize the current doctrine of democracy.  The analysis explored the law on election and political party in Indonesia to argue that the democratic concept is outdated.  On the other hand, the European Union has prepared future legal framework to harmonize Artificial Intelligence and democracy. The result of the study indicates that the absence of law on Artificial Intelligence might be the fundamental reason of the setback of democracy in Indonesia. Therefore, the Indonesian legal system must regulate a prospective Artificial Intelligence regulation and a new democratic concept by determining the new principles of responsible Artificial Intelligence into drafts of laws on Artificial Intelligence, election, and political party. Finally, the new laws shall control programmers, politicians, governments, and voters who create and use Artificial Intelligence technology. In addition, these legal principles shall be the guideline to prevent the harms and to mitigate the risks of Artificial Intelligence technology as well as the effort to strengthen democracy.DOI: https://doi.org/10.22304/pjih.v9n2.a5
The Organization of the General Meeting of Shareholders based on Court Determination from the Perspective of Shareholder Rights’ Protection Sufiarina Sufiarina; Yetti Yetti; Sri Wahyuni; M. Wira Utama
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 9, No 2 (2022): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The General Meeting of Shareholders (GMS) is generally the authority of the Board of Directors. Prior to the GMS, the Board of Directors usually invites shareholders to the GMS. In addition, the Commissioners and shareholders under certain conditions have the right to request the GMS. It is even possible for shareholders to hold a GMS based on a court order. For this reason, this study elaborates on the mechanism to hold a GMS based on a court order. This study also explores the characteristics of the procedural law in court and the holding of the GMS based on a court decision. This study employed a normative juridical method with a statutory approach, especially on Article 79 and Article 80 of the Indonesian Law on Company, and provisions of procedural law, especially civil procedural law relating to the application of the principle of audi et alteram partem. The results show that court decisions have special characteristics related to the requirements and implementation of procedural law. The court’s product in the form of a decision does not provide a balanced position regarding the right to take legal action.DOI: https://doi.org/10.22304/pjih.v9n2.a2 
Legal Implications on Cancellation of Agreements Made Prior to Custody for Good Faith Land Buyers Ghansham Anand; Dinda Silviana Putri; Xavier Nugraha; Julienna Hartono; Melati Ayu Pusparani
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 9, No 2 (2022): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to analyze the construction of the cancellation of the land purchase agreement and legal protection for the seller in land purchases before the custody. The study used statute, case, and conceptual approaches. It focuses on the concept of custody and good faith. After analyzing the relevant legal sources, it is known that, on the one hand, Article 447 of the Indonesian Civil Code allows for the retroactive application of the custody in some conditions: (1) the custody is due to unwise, mental disorder, and irrational; and (2) the reasons underlying the custody had existed at the time the legal action is taken. The implementation of Article 447 can cancel land purchases made before the custody. On the other hand, the state must protect the buyer’s principle of good faith even though the seller is an unauthorized person. Article 447 must be applied because (1) the Indonesian Civil Code is a positive law that must be enforced; (2) people who are placed under custody are more at risk of experiencing losses in land purchases, and (3) construction of good faith land buyers cannot be applied because there are fewer parties.DOI: https://doi.org/10.22304/pjih.v9n2.a6
Legal Protection for the Use of Copyright of Songs and/or Music in Live Streaming Concerts Through Digital Platforms in Indonesia Diana Silfiani
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 9, No 2 (2022): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The Covid-19 pandemic has accelerated the digital influence on the Indonesian music industry. Music concerts, which are usually held offline with crowds of people, are no longer possible because crowds can make new clusters of Covid-19. The Indonesian music industry needs alternatives to survive the pandemic, and the advance in technology has the solution. Virtual concerts that are broadcasted via digital platforms have started to thrive. They use copyrighted songs and/or music so that royalty payments are made in accordance with the type of use and needs. Unfortunately, the Law Number 28 of 2014 on Copyright and the Government Regulation Number 56 of 2021 on the Management of Song and/or Music Copyright Royalties do not regulate the use in detail and specific manners. Therefore, the industry actors have not found the right payment formula for the economic rights royalties. The absence of regulations certainly does not reduce the user’s primary obligation to obtain a songwriter's permission and pay royalties for song and/or music copyrights. The fulfillment of the obligation to pay royalties must still be accomplished with due regard to applicable provisions. This study examined the problems with a normative juridical method. It considered the practices and customs that apply in Indonesia. It also generated some perspectives from relevant stakeholders. DOI: https://doi.org/10.22304/pjih.v9n2.a1
Covid-19 Induced Virtual Courts Sessions in Nigeria: Practicalities and Impracticalities Ademola Sunday-Ayeerun; Eti Best Herbert; Ngozi Chinwa Ole
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 9, No 2 (2022): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The Presidential Declaration of Corona Virus Disease 19 as a ‘dangerous contagious disease’ occasioned the emergence of several regulations imposing restrictions on movements and social distancing measures. The Chief Justice of Nigeria and other heads of court also approved the Guidelines and Practice Directions containing modalities for virtual court sessions. This paper aims to examine the legal implications of virtual court session. The traditional requirement that court sessions should be held in places open to the public signifies a constitutional disapproval of virtual court sessions. It is contended that Practice Directions and Guidelines are weak mechanisms for entrenching virtual court sessions in Nigeria since they are within the lowest rung of the hierarchy of laws. Hence, the reform needs to be holistic. It should entail amendment of certain provisions of the constitution, laws, and rules of courts to enable a virtual innovation without legal hiccups. In alternative to constitutional amendment which usually takes long, this work, in addition to predicting the decision of the apex court on six grounds, suggests the immediate need for a judicial intervention in interpreting the constitutionality of virtual court session. This is to put to rest the fear harboured by some individuals that the serious judicial efforts put in by judges and counsel via virtual court sessions would end up becoming a nullity on appeal to the apex court.DOI: https://doi.org/10.22304/pjih.v9n2.a7  
The Dichotomy of Jus Ad Bellum and Jus Ad Bello in the 21st Century: Its Relevance and Reconstruction Sefriani Sefriani
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 9, No 2 (2022): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Classical international law recognizes a rigid, autonomous, and independent dichotomy between jus ad bellum and jus in bello, which can result in the possibility of a just war being carried out illegally or vice versa. The dichotomy is considered a paradox. This study aims to analyze the relevance of the jus ad bellum and jus in bello dichotomy in the 21st century and to offer a more precise reconstruction of the relationship between the two. The results show that the rigid dichotomy between jus ad bellum and jus in bello is no longer relevant since the boundaries between war and peace are increasingly blurred. Nowadays, the world has experienced more widespread asymmetric warfare, as well as the use of modern super weapons. The dichotomy is also considered very eurocentrism and creates a paradox in international law. On the other hand, both have disproportionate use of force against the law and are not justified by military necessity. The reconstruction of the relationship between jus ad bellum and jus in bello must be dynamic, holistic, and harmonious. There should not be a rigid dichotomy, nor a rigid integration, which always places jus ad bellum above jus in bello or vice versa. Reconstruction of the relationship between the two must be based on the principle that a just war must be carried out in a just manner.DOI: https://doi.org/10.22304/pjih.v9n2.a4

Page 1 of 1 | Total Record : 7

 1 

Filter by Year

2022 2022


Reset
Filter By Issues
All Issue Vol 12, No 1 (2025): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 11, No 3 (2024): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 11, No 2 (2024): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 11, No 1 (2024): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 10, No 3 (2023): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 10, No 2 (2023): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 10, No 1 (2023): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 9, No 3 (2022): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 9, No 2 (2022): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 9, No 1 (2022): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 8, No 3 (2021): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 8, No 2 (2021): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 8, No 1 (2021): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 7, No 3 (2020): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 7, No 2 (2020): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 7, No 1 (2020): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 6, No 3 (2019): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 6, No 2 (2019): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 6, No 1 (2019): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 5, No 3 (2018): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 5, No 2 (2018): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 5, No 2 (2018): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 5, No 1 (2018): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 5, No 1 (2018): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 4, No 3 (2017): PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 4, No 3 (2017): PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 4, No 2 (2017): PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 4, No 2 (2017): PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 4, No 1 (2017): PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 4, No 1 (2017): PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 3, No 3 (2016): PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 3, No 3 (2016): PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 3, No 2 (2016): PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 3, No 2 (2016): PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 3, No 1 (2016): PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 3, No 1 (2016): PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 2, No 3 (2015): PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 2, No 3 (2015): PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 2, No 2 (2015): PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 2, No 2 (2015): PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 2, No 1 (2015): PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 2, No 1 (2015): PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 1, No 3 (2014): PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 1, No 3 (2014): PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 1, No 2 (2014): PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 1, No 2 (2014): PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 1, No 1 (2014): PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 1, No 1 (2014): PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) More Issue