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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 518 Documents
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The Rule of Attribution for Peacekeepers Post-Dutch Supreme Court’s Rulings on Mothers of Srebrenica in 2019: A Discourse on Presumptive v. Preventive Interpretation Evan Tobias; Imam Mulyana
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 10, No 2 (2023): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

Peacekeeping operations have become an integral component of the United Nations in promoting global peace and security. Yet, as demands increase to hold peacekeepers accountable for their misdeeds, the legal principle of attribution within the framework of the law of responsibility remains ambiguous and difficult to define. Hence, this study aims to contribute to the discourse on the attribution of the Peacekeepers' conduct, especially on the presumptive v. preventive interpretation of Article 7 Draft Articles on Responsibility of International Organizations. Under the presumptive interpretation, the peacekeeper’s action is presumed to be attributed to the UN; however, attribution can be rebutted if Troop Contributing States (TCS) exercise control over the peacekeepers. In contrast, preventive interpretation argues that attribution must be determined by which entity, TCS or the UN, has the power to prevent the alleged conduct. This study analyzed how the Dutch Supreme Court’s rulings in 2019 approached the question of attribution toward the Dutch Battalion during the mission of UNPROFOR. The Supreme Court found that the action of the Dutch Battalion was attributable to the Netherlands since the Netherlands fulfills the elements of effective control as governed under Article 8 ARSIWA. Moreover, the Supreme Court rejected the preventive interpretation earlier endorsed in the Nuhanovic case. This study employed a normative juridical approach. This study argues that the Court’s rulings on presumptive interpretation are aligned with the practices of the UN’s peacekeepers and the intended purpose of Article 7 DARIO, which emphasizes attribution on factual consideration.DOI: https://doi.org/10.22304/pjih.v10n2.a4
The Opportunities for Surrogacy Legalization Between the Right to Have Children and A Loophole of Trafficking Wawan Edi Prastiyo; Gde Made Swardhana
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 10, No 2 (2023): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

The phenomenon of producing surrogate mother facilities has been recognized in some countries, although Indonesia indirectly prohibits the practice. The practice is also feared to be a new form of human trafficking. Therefore, this study aims to evaluate the opportunities for surrogacy legalization regarding its perspectives between human rights and the loophole of trafficking. In this study, three problems were formulated: (1) the legal status of children born from a surrogate mother; (2) the legality of a surrogate mother in Indonesian law; and (3) the opportunities for surrogacy legalization in legal reform. This study is a normative juridical study that examines the differences in legal systems in various countries regarding the regulation of surrogacy. The children delivered through surrogacy were the legal offspring of surrogate mothers. They were also likely to have a legal relationship with their biological parents as adopted children. Asides from these legal statuses, Indonesian law did not support the validity of the uterine lease agreement. This was due to its inseparability from the influence of religious and cultural values, which opposed the existence of surrogacy. Women and children have the potential to become victims of exploitation, even though the practice of surrogate motherhood is very harmful to their health. The practice subsequently prioritized the opportunity to become a new form of human trafficking. Various international legal instruments that exist can be used as a reference to prohibit the existence of surrogate mothers.DOI: https://doi.org/10.22304/pjih.v10n2.a3
Treaties as a Source of National Law in The Perspective of Constitutional Law Efik Yusdiansyah; Wicaksana Dramanda
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 10, No 2 (2023): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

The 1945 Constitution of the Republic of Indonesia does not regulate the relations and interactions between treaties and national law. The absence of constitutional norms regarding this matter raises the question of how treaties become a source of national law. This study puts forward the perspective of constitutional law to answer how national law perceives treaties in the dimensions of national law. It argues that the constitutional law paradigm views treaties as a product of the legislative and executive interaction within the framework of the theory of separation of powers. Based on this view, the formation of law is the original power of the legislature, which impacts the obligation to provide legislative consent before treaties can be applied to domestic jurisdictions, as well as placing treaties under the 1945 Constitution. Thus, Indonesia can remain selective in enforcing treaties at the domestic level. The 1945 Constitution paradigm indeed influenced Indonesia's closeness to the teachings of dualism. However, this paper also describes that in using treaties, the Constitutional Court often uses treaties that have yet to be ratified as a basis for strengthening arguments in decisions. This practice shows a shift in the paradigm of dualism to a pragmatic monism paradigm.DOI: https://doi.org/10.22304/pjih.v10n2.a5
Decoding the Special Purpose Acquisition Companies: A New Frontier in Tech Start-Up Financing Tan, David; Disemadi, Hari Sutra; Sudirman, Lu
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 11, No 1 (2024): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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The emergence of SPAC has democratized participation in the burgeoning equity market. Capital raised during a SPAC's Initial Public Offering (IPO) is typically held in escrow identifies a suitable acquisition or merger target. This study explores the concept of SPACs, their operational mechanisms, their appeal to tech startups, and their presence in Asia, with a specific focus on the Indonesian jurisdiction. The study also aims to identify the potential risks SPACs may pose to the equity market to inform more effective regulation. Employing normative legal research and prioritizing secondary data, the findings of this paper indicate that SPACs have evolved from a niche option to a significant facilitator for private enterprises seeking to enter public markets through an IPO. The study further reveals that, despite the risks associated with SPACs and their current unpreparedness for IPOs in Indonesia, lessons from foreign experiences could guide the development and implementation of domestic regulations. While SPACs have demonstrated their value and promise to become a significant market force, calls for swift regulatory action should balance the benefits of SPACs against the need for thoughtful regulation, presenting an opportunity to reconsider existing IPO regulations.DOI: https://doi.org/10.22304/pjih.v11n1.a5 
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
Operator Responsibilities in Safeguarding Consumer Rights Against GPS Spoofing in Ride-Hailing Services Salvia, Hana; Priowirjanto, Enni Soerjati; Suwandono, Agus
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 11, No 2 (2024): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

This study examines the responsibilities of Electronic System Providers (ESPs) in safeguarding consumer rights within ride-hailing services. It specifically addresses the Global Positioning System (GPS) spoofing by drivers. The GPS spoofing involves the deceitful manipulation of location data by vehicles, posing significant legal and security risks to customers. The study evaluated the effectiveness of ESPs, including popular platforms in Indonesia like Gojek and Grab, in protecting consumers from such violations. It utilized normative legal theory and the secondary data analysis derived from ESP contracts. Findings indicate that current consumer protection measures are insufficient, primarily because ESPs employ exemption clauses that contravene Consumer Protection Law regulations. Additionally, the study highlights a lack of compliance with governance laws, such as the Government Regulation Number 71 of 2019, which mandates ESPs to establish robust and effective electronic system governance. This unethical practice jeopardizes consumer safety and erodes trust in the ESPs. This study underscores the necessity for stricter enforcement of consumer protection laws and regulations within the ride-hailing sector to ensure client safety and security. ESPs must prioritize safeguarding consumer data and implement measures to prevent drivers from manipulating fraudulent location data. Furthermore, collaborative efforts among ESPs, governmental bodies, and cybersecurity experts are essential to enhance legal protections for consumers, aiming to establish fair and safe procedures that benefit all parties involved.
Realignment of Flight Information Region Agreement Between Indonesia and Singapore 2022: Unraveling Sovereignty and Ratification Issues for Indonesia Muhammad, Naufal Faiz; Latipulhayat, Atip; Pratama, Garry Gumelar
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 11, No 1 (2024): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

Flight Information Region (FIR) is an essential part of the aviation sector, providing air navigation and alerting services crucial for ensuring flight safety. States may delegate the management of FIR services to other nations for various reasons, primarily centered on aviation safety. However, such delegation requires careful consideration due to its potential impact on a state’s airspace sovereignty. This study focuses on the most recent FIR delegation involving the realignment of FIR over the Riau and Natuna Islands between Indonesia and Singapore in 2022. According to the signed agreement, Indonesia is obligated to delegate the management of specific areas of the Natuna FIR above its territory to Singapore. While this delegation poses potential challenges related to Indonesia's national security and economic interests, additional issues arise from the legal instrument chosen by the Indonesian government to ratify the agreement. The objective of this research is to analyze the sovereignty and ratification issues for Indonesia arising from the signing of the Indonesia-Singapore FIR Agreement 2022. The study utilizes normative legal analysis with a juridical approach. The findings indicate that the delegation of the Natuna FIR to Singapore has restricted Indonesia's right to exercise sovereignty over its airspace. Furthermore, the study concludes that Indonesia’s instrument of ratification for the Indonesia-Singapore FIR Agreement 2022 is inconsistent with Indonesian law and practice. This research contributes to understanding the legal implications of FIR management delegation, emphasizing the importance of aligning such agreements with domestic legal frameworks.DOI: https://doi.org/10.22304/pjih.v11n1.a1
Cyber Espionage Policy and Regulation: A Comparative Analysis of Indonesia and Germany Susila, Muh Endriyo; Salim, Andi Agus
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 11, No 1 (2024): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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This study explores the policy and regulatory frameworks concerning cyber espionage within Indonesia and Germany. Given the considerable threats cyber espionage poses to national security and economic interests, it is crucial for nations to formulate thorough strategies to mitigate such risks. Through a comparative analysis of Indonesia and Germany—two countries with distinct geopolitical stances and methodologies regarding cybersecurity and espionage—the research delves into the legal, political, and technological factors influencing their cyber espionage policies. The methodology includes a comprehensive review of legislative measures, governmental strategies, and the response of institutions to cyber espionage in both nations. The objective is to discern the similarities, differences, and effectiveness of the policies and regulations of these countries. This comparison sheds light on the adequacy of Indonesian legislation in combating cybercrime, especially cyber espionage. The study reveals that Indonesia's legal infrastructure for cybercrime is markedly underdeveloped compared to Germany's, where stringent and well-articulated regulations are in place, facilitating precise and efficient management of cyber issues. Thus, the study underscores an urgent need for Indonesia to reform its cybercrime laws, focusing on cyber espionage, among other cyber threats, while continuing to enhance the quality of its human resources.DOI: https://doi.org/10.22304/pjih.v11n1.a6
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 Legal Status of Cryptocurrency and Its Implications for Money Laundering in Indonesia Alhakim, Abdurrakhman; Tantimin, Tantimin
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 11, No 2 (2024): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

Decentralized technologies such as blockchain facilitate secure and anonymous transactions, heralding a new era of financial innovation. However, the advent of cryptocurrencies has also posed significant challenges, especially in the realm of preventing money laundering practices. In Indonesia, individuals have exploited these systems for illicit money laundering from fraudulent schemes. Therefore, this study aimed to critically analyze the effectiveness of current regulatory frameworks and propose improved approaches to mitigate money laundering risks associated with cryptocurrency. Indonesia expects to shift its legal perspective due to the substantial threats posed by attempting to regulate a volatile financial system. This study employed normative legal research methods. The findings suggest that recognizing cryptocurrency as a legal tender could advance the agenda of addressing money laundering as a critical threat to financial stability and national security. This would significantly enhance the regulatory framework and ensure the financial system's integrity amidst evolving threats.

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