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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
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Articles 518 Documents
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The Legal Status of Shipwreck Cargoes as Underwater Cultural Heritage from National and International Standpoints Arifin, Ridwan; Riyanto, Sigit; Putra, Akbar Kurnia; Wicaksono, Sonny Saptoajie; Sipahutar, Bernard
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

Shipwreck cargo or Benda Muatan Kapal Tenggelam (BMKT) in Indonesia, often referred to as underwater cultural heritage (UCH), holds significant economic potential for Indonesia, a nation prosperous in UCH sites. However, the preservation and management of these assets frequently encounter legal challenges at both national and international levels. This study examined the complex legal landscape surrounding shipwreck cargo in Indonesia, highlighting the divergent perspectives of national legislation and international norms. Indonesia's domestic laws allow for the auctioning of shipwreck cargo, which presents an opportunity for economic advancement. However, this approach clashes with the principles outlined in the Convention on Protection of the Underwater Cultural Heritage 2001, which underscore the collective heritage value of UCH objects and discourages their commercialization. This legal divergence underscores the need for Indonesia to balance its national interests with its international commitments in managing shipwreck cargo. By examining these legal intricacies, this study reveals the challenges of the coexistence of conflicting legal frameworks. It provides insights into potential strategies for harmonizing preservation efforts with commercial interests, thereby facilitating a balanced approach to the management of shipwreck cargo. By navigating these complexities, Indonesia can effectively leverage its underwater cultural heritage while fulfilling its obligations as a member of the international community.
Unraveling Legal Antinomies: Key Insights from the 2024 Simultaneous Regional Head Election Ramadani, Rizki; Nur, Muhammad; Wahida, Wahida; Bima, Muhammad Rinaldi
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 12, No 1 (2025): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

In 2024, Indonesia held simultaneous regional head elections on the same day across the country, in contrast to the traditional patterns of regional head elections held in succession. Simultaneous regional head elections were held to increase stability and efficiency. However, there are several drawbacks, such as creating a vacancy in regional head positions that necessitates the appointment of an acting head and even forcing some permanent regional heads to step down before their terms are up. This study examines the contradictions in the 2024 simultaneous regional head election policies using the antinomy perspective. The study reveals two fields of legal antinomies under the policy of simultaneous local elections: norms and principles. This conclusion comes from normative secondary data analysis utilizing statutory and conceptual approaches. The legal antinomy on norms arises from a contradiction within the Regional Head Election Law. Article 201 Paragraph (8) orders simultaneous local elections for government stability. On the other hand, Paragraph (9) allows the appointment of acting heads of regional government, which has the potential to cause administrative, political, and social instability. In this context, a paradox emerges between the intended goal of stability and the potential for instability resulting from the policy. The legal antinomy on principles appears in the conflict between budget efficiency (expediency principle) and legal certainty. The goal of saving costs clashes with the principle of legal certainty because the fixed term of office for elected regional heads is set by law. This study helps better understand the challenges of moving from conventional to simultaneous local elections.
Traditional Knowledge Management: Community Understanding and Government Strategic Steps to Strengthen Aceh's Economy Yulia, Yulia; Herinawati, Herinawati; Jannah, Raudhatul; Safina, Siti Sara
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 12, No 1 (2025): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

Policymakers worldwide find the idea of traditional knowledge as local wisdom intriguing. Traditional knowledge is derived from society's intellectual activities developed based on experience and observation. The people of Aceh, one of Indonesia’s provinces, have diverse traditional knowledge related to geographical indications. It presents a potential for economic improvement. This study used empirical legal analysis methods with primary and secondary data to investigate the understanding and management of traditional knowledge in Aceh. The primary data were obtained through respondent interviews, while the secondary data were gathered through a literature study. The collected data was subsequently verified, categorized, reduced, checked for validity through Focus Group Discussions, and analyzed. The results show that the people of Aceh have minimal understanding of traditional knowledge supporting geographical indications. The considerable economic importance of regional indications and traditional knowledge was poorly understood. Furthermore, the district and Aceh governments lacked strategic measures for managing traditional knowledge, which could impede economic improvement. On a national level, Law Number 20 of 2016 on Trademark and Geographical Indications highlights that natural and human factors impact geographical indications.  The Indonesian government had prepared Government Regulation Number 56 of 2022 on communal intellectual property has emphasized that traditional knowledge is an integral part of Communal Intellectual Property And, Minister Regulation of Law and Human Rights Number 13 of 2017 on Communal Intellectual Property Data states that traditional knowledge must be recorded and documented to avoid claims by outside parties and as a basis for the legal protection system for traditional knowledge. The regencies and Aceh governments' lack of strategic mechanisms for managing traditional knowledge may also hamper economic development.
Indonesian Constitutional Court’s Moral Legitimacy: A Dworkinian Rights-Based Defense Kurnia, Titon Slamet; Darumurti, Krishna D.; Moonik, Prisilia Kornelia
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 12, No 1 (2025): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

This study discusses the moral legitimacy of constitutional adjudication in general, with a particular focus on the Indonesian Constitutional Court. Moral legitimacy is crucial as it justifies the necessity of Constitutional Court—not merely because of its existence is stipulated by the 1945 Constitution. This issue is also discussed in response to the legislature’s (the People’s Representative Council) adverse reactions to the Constitutional Court, including efforts to weaken its authority. Additionally, moral legitimacy is also related to the well-known critique of constitutional adjudication: the counter-majoritarian difficulty. This study draws on Ronald Dworkin Rights-Based Theory, which defends constitutional adjudication as a means of safeguarding individual rights. Accordingly, the moral legitimacy of the Constitutional Court is framed as Dworkinian Rights-Based Judicial Review. From this perspective, constitutional adjudication serves as a shield for minorities against the dangers of majoritarian democracy and the tyranny of the majority. The Constitutional Court is therefore indispensable, as it upholds individual rights against legislative power, based on the principle of equal concern and respect.
Legal Protection vs. Nuisance Messages in Online Transportation Application Services: the Right to Object as a Solution? Sembiring, Patricia Edina; Ramli, Ahmad M; Rafianti, Laina
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 12, No 1 (2025): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

Nuisance messages, a form of unsolicited communication, often occurs between drivers and users of online transportation application services. The transmission of such messages represent a violation of privacy, infringing upon users' autonomy to control the information they receive and potentially causing both psychological and physical harm. Despite the fact, Indonesian law lacks explicit normative regulations addressing nuisance messages. Facing this condition, online transportation application services must must ensure user safety by providing a mechanism for users to object and avoid receiving such messages. This study aims to address two primary questions. Firstly, what forms of legal protection are currently available against nuisance messages under Indonesian positive law? Secondly, how can online transportation application service providers implement the right to object in order to optimize the protection of user privacy and personal data? This study employed a juridical-normative method with descriptive analysis to address the questions. The results indicate that Indonesian positive law can only refer to whether messages are sent in good faith and whether spam messages are sent in bulk. These can cause misinterpretation for providers and users. However, nuisance messages sent during the provision of a service demonstrate bad faith on the part of the driver. Therefore, to protect users, online transportation application services should implement a right to object through an electronic contract, thereby granting users greater control and balance.
Robot Prosecutors and the Future of Criminal Justice in Indonesia: Innovation, Ethics, and Legal Implications Anggraeny, Kurnia Dewi; Fernando, Zico Junius; Rinaldi, Kasmanto
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 12, No 1 (2025): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

Robot prosecutors represent the integration of robotic technology and artificial intelligence (AI) into the traditional role of a prosecutor, reflecting the global trend towards automation and the application of technology within the legal system. This concept is no longer merely a theoretical; it has begun to materialize in certain jurisdictions. For instance, China has emerged as a pioneer in this field by successfully developing an innovative AI program capable of not only of identifying crimes through detailed data analysis but also of filing appropriate lawsuits. This progress underscores the immense potential of this technology to enhance efficiency and accuracy in judicial processes, while simultaneously raising significant questions about ethics, transparency, and justice. This study employed normative methods and utilizing several approaches, including comparative, conceptual, and futuristic approaches. Qualitative analysis was applied to the collected materials; and content analysis was used to classify legal materials. The findings emphasize that while robot prosecutors can improve efficiency in handling routine and data-driven cases, their role should not replace human judgment in more complex and ethically sensitive cases. The legal system must ensure a balance between technological advancements and fundamental principles of justice. Collaboration between AI and human prosecutors, guided by clear protocols, is essential to maintain fairness and ethical integrity, particularly in cases involving moral and social considerations. Thus, Indonesia’s approach to integrating robot prosecutors should focus on establishing transparent oversight mechanisms and protecting the rights of defendants, particularly the right to appeal, to ensure that technological advancements support rather than compromise justice. The adoption of robot prosecutors in Indonesia has the potential to revolutionize the legal landscape. However, it must be pursued cautiously, taking into account both the technological benefits and the human values that underpin justice.
Reconceptualizing Local Wisdom Values in Regulations for Micro and Small Enterprises in Maluku to Support Local Economic Development Ikhwansyah, Isis; Rahmawati, Ema; Hetharie, Yosia
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 12, No 1 (2025): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

This study seeks to examine and evaluate the efficacy of implementing the principle of "Bhinneka Tunggal Ika" (unity in diversity), which embodies local wisdom, in the governance of micro and small enterprises in Maluku Province as an aspect of local legal development. The principle of Bhinneka Tunggal Ika needs to be incorporated into laws and regulations, particularly regional legal mechanisms related to micro and small enterprises, in compliance with the Law on the Formation of Legislation. In Maluku's legal landscape, many regional legal products pertaining to micro and small enterprises fail to incorporate the principles of local wisdom into their content. This socio-legal investigation study integrates empirical legal research methods with doctrinal legal research. Primary and secondary data were gathered through interviews and literature reviews. The study results suggest that the legal protection provided to micro and small enterprise owners in Maluku has been ineffective. In addition, the legal content of regional legal products in Maluku fails to adequately account for value derived from local wisdom, as required by statutory provisions. Thus, it is necessary to reconsider incorporating values from local wisdom into various regional legal instruments related to developing and empowering micro and small enterprises in Maluku. This approach will support regional flagship products while facilitate the growth within the local economy, preserving the values of local wisdom in the face of global developments.
The UK-Rwanda Migration and Economic Development Partnership Based on International Refugee Law Susanto, Fransiska Ayulistya
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 12, No 1 (2025): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

On April 14, 2022, British Prime Minister Boris Johnson announced intentions to deport Rwandan asylum seekers arriving by small boats. Under this arrangement, individuals who sought protection but were later deemed unsuitable and undesirable by the UK would be re-transported to Rwanda, where Rwandan authorities would review their claims. This Policy was rejected by several asylum and refugee organizations, which argued that it was inhumane and would only imprison asylum seekers before sending them to countries where they faced torture or persecution. This study employed sociolegal analysis and combined doctrinal research with an empirical approach. It used secondary sources, such as government statements, reports, articles, and news reports. The result explains the UK and Rwanda Memorandum of Understanding on Migration, the development of the policy, and how international law view it. This study provides evidence that the UK has violated international law by implementing the partnership plan with Rwanda. The bilateral transfer arrangement is incompatible with or violates Article 31, 33 (1) of the 1951 Refugee Convention; and Article 3 of the European Convention on Human Rights. Furthermore, Rwanda has failed to meet the conditions for accommodation and to ensure its safety from deportation, persecution, or other human rights abuses committed by its residents and the government.

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