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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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Sexual Abuse of Street Children in Pakistan: Legal Protection Under International and National Law Ullah, Nazir; Aziz, Saidatul Nadia Abd; Awal, Noor Aziah Mohd
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 covers the social and legal dimensions of sexual abuse encountered by street children in Pakistan. It aims to elucidate the underlying reasons and contributory factors to child sexual abuse within the nation. This study employed qualitative methods, which involved analyzing data from primary sources such as acts of parliament and relevant journal articles. It highlights the exploitation of street children through prostitution, pornography, trafficking, and sex tourism. Therefore, it explored various manifestations of child sexual abuse both within street settings and beyond, alongside their foundational causes in Pakistani society. The study addresses the issue of sexual abuse among street children from two perspectives. Initially, it examines the different forms, prevalence, causes, and consequences of such abuse. Subsequently, it assesses the efficacy of both international and national laws and policies designed to counteract child sexual abuse. Despite the existence of legal frameworks in Pakistan aimed at addressing this issue, they are critiqued for being inadequate and inconsistent. The paper advocates for the introduction of more stringent legislation and enhanced trial transparency as measures to curb the incidence of child sexual abuse effectively. Updating and reinforcing existing legal provisions could significantly reduce the prevalence of such abuse in society.DOI: https://doi.org/10.22304/pjih.v11n1.a4
Developing Effective Procedures for Public Participation in Spatial Planning Regulation in Indonesia: Lesson Learned from Australia Widiatedja, I Gusti Ngurah Parikesit; Ranawijaya, Ida Bagus Erwin; Purwani, Sagung Putri ME; Dwi Atmaja, Bima Kumara
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

Public participation is a crucial aspect of spatial planning, serving to achieve sustainable development objectives. The Indonesian government has recognized this fact andincorporated public participation in its spatial planning lawsand regulations. However, procedures for involving the public have been criticized for lacking genuine participation, highlighting opportunities for public input only being offeredformally. Meanwhile, public participation is considered a significant component of spatial planning regulation in Australia, particularly in Victoria. The government has involved the public in various stages of the planning process, including creating a planning scheme, issuing planning permits, and completing planning agreements. Based on the established procedures under current Australian legislation, this study aims to provide a practical solution by examining and contrasting the role of public participation in spatial planning regulation between Indonesia and Australia. This study concluded that Indonesia might consider adopting Australia's strategy and setting up planning panels to regulate spatial planning. Planning agreements can also be advantageous, particularly for large-scale or mega projects that significantly negatively impact the environment and local communities. DOI: https://doi.org/10.22304/pjih.v10n3.a5 
Quasi-Contract: A Comparative Analysis Between the United States of America and Indonesia Sibarani, William Edward; Puspaningsih, Utami; Stefanie, Clarita
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

Since the Roman era, there has been a general consensus that no one should prosper at the expense of another. However, the development of variations in legal systems in the world means that many countries must continue to adapt to this situation to avoid legal loopholes. In certain situations, the complexity of obligations in society causes quasi-contracts to occur. As a country that follows the civil law constitutional framework, Indonesia still encounters difficulties in handling quasi-contract disputes, not only due to the absence of written regulations but also because previous court decisions do not bind Indonesia. In contrast, in the United States of America, the creation of law occurs through court decisions. However, this study also aims to deliver insight into the legal systems' orientations in those two nations and how they relate to restorative justice. Hence, the author will discuss how quasi-contract problems are resolved by explaining the comparison between the two legal systems. This study uses a comparative juridical method to analyze the judgment practices on quasi-contracts between the United States of America and Indonesia and recommends the urgency of issuing regulations to address these disputes.
Digital Tax Regulation in Facing Society 5.0 Era to Realize Indonesian Tax Sovereignty Cahyadini, Amelia; Safiranita, Tasya; Muttaqin, Zainal; Fauzi, Rizki; Ramli, Ahmad M
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

Technological advancements have catalyzed the emergence of the digital economy, where digital platforms, leveraging internet access, can penetrate multiple regions and accrue substantial profits unrestricted by national jurisdictions. This scenario presents advantages and convenience but simultaneously challenges a country's tax sovereignty. The traditional tax system, predicated on a company's physical presence for tax liability, finds itself ill-equipped to handle the digital domain's nuances. This research seeks to explore the potential and hurdles in implementing digital taxes in Indonesia, delving into the government's regulatory efforts within the framework of Society 5.0. From an academic standpoint, digital taxes illustrate the disruption in tax collection due to the absence of a tangible company presence. Thus, this study also aims to investigate the determination of tax sovereignty in the context of digital taxation, aspiring to enrich scholarly discourse. Employing a normative juridical approach, this study scrutinizes legal norms and rules while considering empirical facts from the field. The findings indicate that while the introduction of digital taxes in Indonesia holds significant promise and faces considerable challenges, governmental action to update and streamline digital tax regulations is imperative. Furthermore, the principles underlying digital tax proposals, such as Pillar One, require reinforcement to enhance their effective implementation.DOI: https://doi.org/10.22304/pjih.v11n1.a7 
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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Abstract

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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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.

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