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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 518 Documents
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Securing Blockchain Enterprises: Legal Due Diligence Amidst Rising Cyber Threats Multazam, Mochammad Tanzil; Phahlevi, Rifqi Ridlo; Purnomo, Melati Indah; Purwaningsih, Sri Budi; Sobirov, Bobur
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

This study aims to understand the vulnerabilities faced by enterprises operating on token-based blockchain businesses and the role of legal, due diligence procedures in mitigating such risks. It employed the Preferred Reporting Items for Systematic Reviews and Meta-Analyses method and sourced data from DeFillama, a platform tracking decentralized finance developments, to categorize hacking incidents into five major groups: Ecosystem, Infrastructure, Protocol Logic, Rugpull, and Smart Contract Language. The findings highlight that Infrastructure attacks, mainly through Private Key Compromise, are the most damaging. They cause losses of over 800 million dollars between 2020 and 2023. It necessitates comprehensive and adaptable legal, due diligence strategies focusing on jurisdictional legal frameworks, platform usage terms, regulatory compliance, and potential legal issues. The study underscores the importance of further research to evaluate and enhance the effectiveness of these measures in addressing the unique challenges of blockchain technology, which are crucial for enhancing the resilience and sustainability of blockchain enterprises, thereby promoting global trust in this emerging field.DOI: https://doi.org/10.22304/pjih.v11n1.a2
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 
Exploring Legal Protections for Platform Workers in Malaysia: A Human Rights-Based Perspective Makhtar, Maheran; Abd Ghadas, Zuhairah Ariff; Haque, Mahbubul
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

Platform work has gained significant recognition due to the rapid growth of the digital economy, which offers new opportunities for workers. However, inadequate regulatory frameworks in Malaysia have led to various human rights concerns, particularly regarding the protection of workers' rights, such as social security, fair remuneration and safe working conditions. Furthermore, the challenge of providing worker protections must be balanced with the flexible nature of the gig economy. Thus, this study explored the evolving legal landscape surrounding the protection of platform workers’ rights in Malaysia from both legal and human rights perspectives. It examines the role of business and human rights in finding the delicate balance between economic progress and protecting workers’ fundamental rights, emphasizing the role of regulation. This study adopts a qualitative approach through review of existing literature, including academic research, reports, and relevant legal documents, to provide a comprehensive understanding of the issue. Therefore, this study underscores the urgent need for robust legal frameworks and regulatory measures to safeguard the rights and welfare of platform workers in Malaysia through the integration of corporate responsibility to respect human rights and to establish mechanisms that guarantee fair remuneration, job security, social protection, and avenues for workers’ representation and collective bargaining. The findings of this study are expected to contribute to the growing body of literature on platform work and serve as a basis for policy recommendations and advocacy efforts to improve the rights and working conditions of platform workers in Malaysia.
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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Abstract

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
Questioning Food Security in Green Constitution Conception: Realizing Sustainable Development Goals (SDGs) in Indonesia Subekti, Rahayu; Husna, Tsabbita Ahmilul; Salsabila, Putri Balqis
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

Research on the constitution, food security, and sustainable development have become widely explored. However, issues related to the legal framework in the context of a green constitution remain unresolved. This is particularly evident in Indonesia’s efforts to address the food crisis, which has led to substantial deforestation. Therefore, this research aims to analyze the implementation of food security efforts in line with a green constitution in Indonesia. Despite the potential for adopting sustainability for future generations, there is hesitance in implementing articles related to a green constitution in food security activities. This legal issue is examined as normative research using conceptual and comparative methods and deductive logic. The results show that, firstly, food security is a pillar in achieving Sustainable Development Goals (SDGs), necessitating the correction of erroneous paradigms to optimize the strategic project. The urgency of the implementation in line with sustainable development is based on five fundamental points: conservation of natural resources, environmental protection, social welfare, sustainable economic growth, and fulfilling future needs. Secondly, legislation firmly establishes the significance of sustainable development principles to prioritize environmental consciousness. In addition, there is a need for reformulation in Article 33 paragraph (3) of the 1945 Constitution of Indonesia by adding wording or explanations. This would regulate the limitations of environmental exploitation for community prosperity and establish regulations for development without shifting agricultural land and food production.
Democracy Crisis and the Rise of Datacracy Putro, Widodo Dwi
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

There is no permanent constitutional and political-legal system. Scientists also predict that the phenomenon of the rise of datacracy with big data and algorithms will replace the democratic system. In this research, the author aims to answer the following questions: (i) Why is democracy bound to be replaced by datacracy? (ii) what alternative options can be proposed to bridge the legal and political implications that might occur if datacracy replaces democracy? The author uses literature studies and an interdisciplinary approach to critique and offer ideas in this study. It is proposed, among other things, that datacracy will not eliminate people's sovereignty; instead, it will only narrow down democratic instruments such as people's representatives and political parties because they will no longer be needed. Such representative democracy is likely to become obsolete because the people will be able to actively participate in conveying their aspirations directly, without going through the people's representative system, by inputting their needs, interests, and various problems through the datacracy platform.DOI: https://doi.org/10.22304/pjih.v11n1.a3
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
Creativity and Innovation in the Age of Artificial Intelligence: A Copyright Dilemma Ali, S. M. Aamir; Ghose, Anuttama; Saurav, Shashikant; Deshmukh, Sachin
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

The advent of artificial intelligence marks a significant shift in creative domains traditionally dominated by human efforts, such as writing and painting. Artificial Intelligence challenges the intellectual property system with fundamental issues, including authorship and ownership. This paper explores the utilitarian dilemma related to the copyrightability of AI-generated content and re-evaluates the basis of natural rights, thereby questioning established copyright premises. It examines the manifestation of creativity in AI-based literary and artistic works, highlighting the current and changing aspects of copyright consideration. Additionally, the paper provides an exhaustive overview of the legal protections applicable to AI-generated works, specifically focusing on the legal context in India. It also explores the feasibility and suitability of establishing sui generis rights designed specifically to safeguard AI-generated content. The conclusions presented offer a detailed perspective on the complexities of aligning copyright laws with the dynamic nature of AI-enhanced creativity.
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
Disclosure Principle as Ex-Ante Rules for Combating Big Tech’s Abuse of Dominance in Digital Market: A Comparative Analysis Rakhmawati, Catur Septiana
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 discusses the weaknesses of Law Number 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition in handling the abuse of dominance by big tech in the digital market. This study also explores lessons from how the European Union (EU) and Japan implement the disclosure principle to prevent such abuse. This normative study employs statutory, conceptual, and comparative approaches. The findings are as follows: first, Law Number 5 of 1999 does not implement ex-ante measures such as the “disclosure principle,” and prevention efforts are practically non-existent, particularly in handling dominance abuse. Second, a comparative study of the EU and Japan found that the EU has enacted the Digital Markets Act (DMA), which comprehensively regulates the abuse of dominance by big tech companies and categorizes them as gatekeepers. The DMA establishes the gatekeeper threshold and includes the duty to notify the European Commission voluntarily under Articles 5, 6, and 7 of the DMA. Japan has the Act on Improving Transparency and Fairness of Digital Platforms 2021, an ex-ante regulation that implements the disclosure principles on digital platforms. Based on these two comparisons, the main idea of such regulations is to implement the disclosure principle as an ex-ante rule for business actors who meet the threshold and to burden them with certain obligations. This approach allows authorities to perform supervision and prevent abuse of dominance by big tech optimally.

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