Lex Scientia Law Review

The Murder of Shireen Abu Akleh: How Does Law Protect the Journalist in a War?

Yordan Gunawan, Fawaz Muhammad Ihsan, Paulo Andres Anderson — Mon, 06 Nov 2023 00:00:00 +0700

Shireen Abu Akleh, an esteemed Al Jazeera journalist, was sadly killed by Israeli army gunfire in May 2022 while reporting on the Israel-Palestine military war. To pursue justice for this horrific act, the Palestinian administration filed a formal complaint with the International Criminal Court (ICC). Despite the presence of strong proof, the Israeli government maintains that the charges are false. This study looks thoroughly into the Abu Akleh murder case, examining it from the standpoint of international law. Using normative legal research methods, the paper thoroughly examines the historical features of the murder as well as the legal procedures specified by international law to assure the administration of justice. Furthermore, the study emphasizes the critical importance of the Palestinian government's ICC complaint as a critical first step in initiating the judicial procedure. Notably, the United Nations has formally declared the Israeli army guilty of Abu Akleh's death, heightening the gravity of the situation. This research states categorically that the Israeli government must be held liable for this heinous act after exhaustively evaluating the most recent facts and prestigious international legal frameworks. It is fervently hoped that by unraveling the multifaceted dimensions inherent in this case, justice will ultimately prevail, steadfastly reaffirming the indispensable principles that safeguard press freedom and protect journalists worldwide, including within Indonesia as an integral member of the international community.

Public Procurement Nexus Social for Mitigate the Corruption: Lesson from Indonesia

Wed, 15 Nov 2023 00:00:00 +0700

This study delves into the vulnerability of Indonesia's National Budget (APBN) to corruption, specifically in the Procurement of Goods and Services, with a particular focus on the potential for misallocation across regions. Building on significant scholarly contributions from both Indonesian and international researchers, the research undertakes a thorough examination of preventive measures against corruption in public procurement. Employing a Participatory Action Research (PAR) approach, the study integrates community solidarity into its corruption prevention model, utilizing a combination of data collection methods such as questionnaires, interviews, and focus group discussions (FGDs). A central topic in the study is the important role of e-procurement in combating corruption, advocating for its transparent and accountable application as a deterrent. To bolster preventive efforts, the research proposes mandatory declarations from tender participants, along with an enhanced auction rebuttal mechanism throughout the various stages of procurement. The preventative framework underscores the significance of civilian, academic, and journalistic supervision to proactively identify corruption and conflicts of interest. Recognizing the nuanced nature of fraud patterns at the provincial level, the study advocates for a region-specific approach to maximize the effectiveness of e-procurement. This regional focus aligns with the study's emphasis on the involvement of relevant agencies operating at the local level. In essence, this research contributes a targeted analysis to complement existing literature, aiming to curb corruption in public procurement through strategic and context-specific preventive measures.

Intentionally Changing Everything: Deliberate Constructing in Corruption Case

Kamsi Kamsi, Very Julianto, Mu'tashim Billah, Suud Sarim Karimullah — Mon, 06 Nov 2023 00:00:00 +0700

Handling corruption cases is not always consistent in emphasizing the element of intention/intentionally. Theoretically, the concept of deliberation has been put forward by some experts. However, in the realm of implementation the theoretical studies of those experts become contradictory. This is because there is no certainty of indicators of intent. Deliberation in this research is viewed from criminal law and psychology. The method used in this research is Forum Group Discussion (FGD). Then also is performed professional judgment by legal practitioners and academics. The results show that law enforcers have a common perception in viewing the deliberate in cases of corruption. Law enforcers in understanding the Articles use the theory of science and the theory of Possibility in Certainty. It is deliberate behavior when viewed from psychology produces a construct that can be measured using the science theory.

Robot Lawyer in Indonesian Criminal Justice System: Problems and Challenges for Future Law Enforcement

Tue, 14 Nov 2023 00:00:00 +0700

The rapid advancement of artificial intelligence (AI) introduces unprecedented opportunities and complexities, particularly in its intersection with the legal domain. This study envisions a future where autonomous decision-making robot lawyers play a pivotal role in legal proceedings, providing counsel and representation. Examining the implications of AI’s scientific progress on Indonesian law, normative legal research methods were employed, encompassing statutory, conceptual, comparative, and futuristic analyses. Qualitative scrutiny and content analysis were applied to collected materials. The study reveals the potential of robot lawyers to enhance efficiency in Indonesia’s criminal justice system, aiding in evidence gathering, case analysis, and indictment drafting. This technological integration promises to alleviate the workload of legal professionals and expedite case resolutions, thereby improving public access to legal services. However, challenges loom, including ethical concerns, data security, and professional qualifications. To address these challenges, the study advocates for collaborative efforts among the government, industry, and academia. This cooperation is crucial for formulating regulations and establishing supportive infrastructure for the seamless integration of robot lawyers. Additionally, enhancing digital literacy and public understanding of AI in the legal sphere is emphasized as a vital step toward maximizing the benefits of this technology. In essence, the study underscores the transformative potential of AI in reshaping legal processes, emphasizing the need for a concerted, informed effort to navigate the challenges and optimize the benefits of this evolving technological landscape.

Imperfect Information of Bankers Clause in Credit Agreements in Banking Institutions: Further Legal Impact

Rosyidi Hamzah, Fadhel Arjuna Adinda, David Hardiago, John Woodward — Wed, 29 Nov 2023 00:00:00 +0700

Banking institutions primarily serve as intermediaries, collecting funds from the public through deposits (including savings, deposits, and current accounts) and redirecting these funds to the public in the form of credit. The execution of credit transactions necessitates a formal credit agreement to ensure legal certainty. These agreements typically follow a standardized pattern, with the bank drafting the terms and customers, often in a position of economic dependency, obliged to sign. Within the credit agreement, a crucial component is the banker clause, designed to mitigate credit risks. In the event of unforeseen circumstances, such as the customer's demise, this clause ensures that an insurance company settles the remaining debt. However, the effectiveness of this clause is contingent on the comprehensiveness of the insurance coverage. One noteworthy issue arises from the lack of transparency during the signing of credit agreements. Customers, represented solely by the bank during this process, may not be fully informed about the intricacies of the banker clause. Consequently, customers have found themselves in situations where they are obligated to fulfill outstanding credit obligations despite insurance claim rejections due to undisclosed specifics of certain diseases. To address this concern, it is imperative to establish explicit regulations governing disclosing information related to the banker clause during the signing of the credit agreement. This necessitates a collaborative effort involving the customer, bank, and insurance institution, ensuring that all relevant parties convene to discuss and clarify the terms of the credit agreement, particularly those related to the banker clause.

Legalization of Medical Marijuana in Indonesia from the Human Rights Perspectives: Lessons Learned from Three ASEAN Countries

Thu, 30 Nov 2023 00:00:00 +0700

Marijuana (cannabis) as a therapeutic medication has been used and recognized as part of the health system in several countries. In contrast, marijuana in Indonesia is classified as a class I narcotic under Law Number 35 of 2009 on Narcotics, which is prohibited and cannot be used as medication. However, a detailed examination of the Narcotics Act reveals some loopholes and ambiguities that could be exploited to legalize marijuana as a medication to cure certain illnesses. The present study employs normative legal research, specifically a statutory approach, to justify using marijuana for medical purposes. In addition, a legal comparative method is also used in this study to analyze the use of medical marijuana in three ASEAN countries: Thailand, Malaysia, and Singapore. Despite having a reputation for having highly stringent regulations on narcotics, Indonesia can benefit from the experiences of other ASEAN nations, such as Singapore and Malaysia, who have legalized medical marijuana. This consideration is prompted by the fact that certain individuals have shared positive outcomes from using ‘illegal’ medical marijuana as a form of health treatment. However, it is disheartening to note that these individuals have also had to witness the unfortunate loss of their loved ones and, in some cases, face legal consequences such as imprisonment. Conducting comprehensive research on the use of medicinal marijuana in Indonesia is crucial to upholding the citizens' right to health, as the right to health is a significant component of human rights.

The Hierarchical Model of Delegated Legislation in Indonesia

Sun, 12 Nov 2023 00:00:00 +0700

In a democratic rule of law like Indonesia, delegated legislation emerges as a necessity. Unfortunately, Article 8, paragraph (1) of Law Number 12 of 2011 concerning the Establishment of Laws and Regulations, in conjunction with Law Number 13 of 2022 concerning the Second Amendment to Law Number 12 of 2011, fails to articulate a clear hierarchy of delegated regulations. Employing a juridical-normative research approach encompassing statutory, historical, and conceptual dimensions, this study sheds light on the prevailing legal vacuum. The research reveals that a staggering 24,052 regulations at the level of Ministries, Agencies, and State Institutions run the risk of overlapping and becoming subject to judicial review in the Supreme Court. The definition of Delegated Legislations in Indonesia, as interpreted herein, is confined to regulations whose legal construction is executed by the executive, as long as formal legal norms continue to confer the authority of delegation in the legislative domain to implement superior regulations. This paper identifies three distinct models governing the structuring of Delegated Legislations within the hierarchy of laws and regulations in Indonesia. These models include the Hierarchical model based on the legal foundation of institution formation, the Hierarchical model based on the position of the institution, and the Hierarchical model based on the source of delegated authority in forming rules. This nuanced exploration seeks to address the complexities surrounding delegated legislation, aiming to provide clarity and coherence within the Indonesian legal framework.

Comparative Analysis of Malaysian and Indonesian Retirement Plan

Thu, 30 Nov 2023 00:00:00 +0700

In Malaysia, the Employee Provident Fund (EPF) was established Under the Employees Provident Fund Act 1991 as a social security organisation that offers members trustworthy and efficient savings management and it is open to both personnel. In contrast, the Private Pension Administrator (PPA) developed the Private Retirement Scheme (PRS), a retirement programme, to address retirees' insufficient resources for meeting their retirement expenses in light of rising living standards and longer life expectancies. Having to see the similar aspects between EPF and PRS in terms of creating savings and their importance towards securing a certain degree of comfort for retirees, the purpose of this study is to provide a thorough explanation of how these two retirement plans can benefit all Malaysian private employees. Similar to Malaysia, all private sector workers in Indonesia are also required to participate in retirement plan. Thus, the purpose of this study is to evaluate the similarities and differences between Malaysia's and Indonesia's retirement plan. This research employs a qualitative approach, by conducting library-based research on the relevant materials including, but not limited to statutory provisions, case laws, law textbooks, journal articles, newspapers, conference proceedings, and seminar papers. At the end of the discussion, the findings show that both countries have their own retirement plans and have the same goal which is to provide facilities to all private-sector workers.

Implementation of Domestic Market Obligations on Nickel and Bauxite in Indonesia Under International Trade Regime

Bani Adam, Haniff Ahamat, Annalisa Yahanan — Mon, 06 Nov 2023 00:00:00 +0700

Increasing global economic activity has resulted in raising demand on nickel and bauxite ores for manufacturing industries. Foremost demand on the raw materials is consistently increasing for production of friendly environment products, such as battery of electric vehicles (EV). The production of EV battery potentially increases particularly as global transformation to reduce GHG Emissions which cover developed and developing countries. This current situation leads export restrictions on nickel and bauxite to developed countries which purpose for domestic stockpile in developing countries, such as Indonesia. Meanwhile, the measures is supposed to violate Article XI.2(a) GATT 1994 which it is applied without temporary period and there is no essentialness circumstance to implement the restrictions. This emphasized on review opportunities for Indonesia to take into force alternative measures which is consistent with the GATT 1994 provisions. The research is conducted based on legal review with refer to GATT 1994 provisions and Indonesia legal provisions. Based on the review, the researchers find that implementation of Domestic Market Obligations are an exact alternative measure to safeguard domestic stockpile without extremely suffer disruption for global demand. The alternative measures grant balancing allocation between global and domestic demand which could be adjusted regularly according to the further situation faced by the country.

Investor-State Dispute Settlement Mechanism in Vietnam’s New Generation Free Trade Agreements: Challenges and Recommendations

Nguyen Chi Thang — Thu, 30 Nov 2023 00:00:00 +0700

In the recent years, Vietnam's attraction to foreign investment capital has increased rapidly. As a result, the disputes in the field of foreign investment have emerged more frequently. The fact that a dispute occurs between the government of the host country and a foreign investors, regardless of its cause, will bring adverse consequences to both parties. Amicable settlement of such disputes is an important factor to improve the efficiency of foreign investment, maintaining the trust between the host country and foreign investors. Therefore, stipulating commitments on the dispute settlement mechanism for international investment in multilateral free trade agreements such as Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), Vietnam - EU Investment Protection Agreement (EVIPA), and Regional Comprehensive Economic Partnership (RCEP) are indispensable. Therefore, in this context, the paper studies the investor-state dispute settlement (ISDS) mechanism in new-generation free trade agreements to which Vietnam is a member, namely EVIPA, CPTPP, RCEP; accordingly, the paper proposes some recommendations to Vietnam.

Legal Protection for Children as Victims of Economic Exploitation: Problems and Challenges in Three Major ASEAN Countries (Indonesia, Vietnam and Philippines)

Indah Sri Utari, Diandra Preludio Ramada, Ridwan Arifin, Robert Brian Smith — Mon, 06 Nov 2023 00:00:00 +0700

This research critically examines the legal safeguards for children facing economic exploitation in three prominent ASEAN countries: Indonesia, Vietnam, and the Philippines. Despite the presence of protective legislation in these nations, the effective implementation of these laws encounters significant obstacles. In Indonesia, diverse regulations intended to shield children from economic exploitation coexist with the persistent issue of child labor. The continued prevalence of child labor is attributed to inadequate enforcement of labor laws and a general lack of community awareness regarding children's rights. Vietnam, while boasting a relatively comprehensive legal framework against child labor, faces challenges in certain rural areas where instances persist due to entrenched issues like poverty, cultural traditions, and limited access to education. Moreover, in the Philippines, the government has implemented measures such as the Child Labor Law and the Anti-Child Trafficking Act to protect children from economic exploitation. However, the effectiveness of these initiatives is impeded by resource constraints, corruption, and limited community awareness. In conclusion, this study reveals that legal protection for children in Indonesia, Vietnam, and the Philippines is hindered by a range of challenges, including deficient enforcement mechanisms, enduring cultural traditions, widespread poverty, systemic corruption, and limited community awareness. Addressing these complex issues requires collaborative efforts from governments, civil society, and communities to ensure the robust protection of children's rights.

Legal Protection of The Right to Health for People with Long-term Health Impact due to Disaster in Indonesia

Thu, 30 Nov 2023 00:00:00 +0700

Many disaster events occur in Indonesia which have an impact, especially on the health of the Indonesian people. Health impacts can occur directly and indirectly and some experience long-term impacts that affect their lives. The state cannot be absent in regulating various problems arising from disasters in Indonesia. Therefore, the legal regulation of the right to health for long-term health impact sufferers due to disaster Indonesia must be examined. The study used normative legal research, a study approach to legislation, and library research. State policy ensures that the right to health is realized through legal products (primary legal materials) reviewed and then described and analyzed in answering how to fulfill the right to health in Indonesia due to disaster. As a result, the Indonesian Government has already ensured the fulfillment of the right to health of every citizen. However, Government should issue advanced services regulations as soon as possible to regulate the handling of long-term health impact sufferers due to disaster in Indonesia.

Land Subsidence Policy in the Context of Good Governance Principles (Comparing Indonesia and Japan)

Thu, 30 Nov 2023 00:00:00 +0700

Land subsidence poses a significant environmental challenge globally, fueled mainly by anthropogenic activities such as excessive groundwater extraction, rampant overdevelopment, and alterations in soil geological structures. This issue has far-reaching consequences, including infrastructure deterioration, heightened flood vulnerabilities, and severe threats to both the environment and local communities. The city of Jakarta, Indonesia, has experienced a particularly pronounced impact from land subsidence since the 1980s. This study delves into the governmental responses of Indonesia and Japan to address the complex problem of land subsidence, emphasizing their adherence to principles of good governance, including transparency, accountability, and community engagement. The analysis scrutinizes various aspects of policy development, stakeholder participation, funding mechanisms, technological innovations, and the overall efficacy of these measures in mitigating land subsidence. Through a comparative lens, the research seeks to unearth effective strategies and successful policy implementations in both nations. The methodology employed adopts a normative approach, scrutinizing concepts, norms, principles, legal frameworks, and ethical considerations associated with land subsidence policies within the context of good governance. This research contributes to a holistic comprehension of land subsidence management, providing valuable insights into the effectiveness of policies aimed at addressing this critical environmental challenge.

Constitutional and Judicial Interpretation of Environmental Laws in Nigeria, India and Canada

Tue, 14 Nov 2023 00:00:00 +0700

The judiciary, an important branch of government responsible for legal interpretation, dispute resolution, and justice administration, holds a crucial role in national environmental protection. Courts play a key role in safeguarding a nation's environment by interpreting constitutional provisions related to environmental protection and other legislative frameworks. The effectiveness of a country's environmental protection is contingent on the assertiveness, creativity, and innovation of its judiciary in interpreting laws, policies, and regulations designed for environmental preservation. The widely held belief is that the judiciary, more than any other institution, is best positioned to adjudicate, inform, guide, and lead in environmental protection. A proactive, inventive, and inspirational judiciary motivates the executive and legislative branches to implement pertinent environmental laws, policies, and regulations. This study utilizes a doctrinal research methodology to comprehensively review and compare the environmental protection frameworks in Nigeria, India, and Canada. The focus is on constitutional provisions related to environmental protection and judicial interpretations, particularly in the context of Environmental Impact Assessment (EIA) laws. While explicit constitutional provisions on environmental protection are absent in Canada, India, and Nigeria, the courts in India and Canada have demonstrated creative interpretation of their constitutions to safeguard the environment. Notably, in India, environmental protection falls under the non-adjudicable Directive Principles of State Policy (DPSP).

Rejection of Former Shia Community in Sampang Perspective on Human Rights Law: Discourse of Religious Rights and Freedom in Indonesia

Thu, 30 Nov 2023 00:00:00 +0700

Tajul Muluk and 274 former Shia have not been able to return to their hometowns in Sampang District, even though they have pledged repentance to return to Sunni teachings on November 5, 2020. The formulated research problems consisted of: first, what was the position of former Shia adherents in Sampang District based on the perspective of rights and freedom of religion in Indonesia? And second, what was the form of violation of the right to freedom of religion in the case of community rejection of former Shia in Sampang District? This research utilizes empirical legal research methods combined with sociological and anthropological approaches. The research results concluded: First, the existence of former Shia adherents as refugees should be treated as a violation of the constitutional mandate of Indonesia which forbids acts of violence and violations of religious rights and freedoms, of all Indonesian citizens. Second that they were accused of embracing a deviant religious sect, is evidence to their religious minority status; and third the expulsion of the former Shia adherents was a violation of the right to freedom of religion. which had been regulated in the constitution, laws, and regulations under the constitution and the spirit of the Indonesian nation.

Unveiling the Dark Side of Fintech: Challenges and Breaches in Protecting User Data in Indonesia’s Online Loan Services

Admiral Admiral, Mega Ardina Pauck — Thu, 30 Nov 2023 00:00:00 +0700

The rapid evolution of information and communication technology has driven diverse business and financial practices. Indonesia is at the forefront with high engagement in fintech online lending services, presenting challenges in safeguarding user data despite these platforms' convenience. This research aims to analyze the intricacies of protecting the personal data of users of online lending services in Indonesia and highlight the obstacles faced in this process. Using a normative legal approach combined with descriptive data analysis, this research examines the protection mechanism from the perspectives of users and online loan service providers. The research concluded that users should verify the legitimacy of online loan service providers by ensuring proper registration with the Financial Services Authority (OJK) of the Republic of Indonesia. In addition, users should carefully scrutinize and understand the terms and conditions of personal data protection before agreeing to an online loan agreement. Second, the main problems qualified as obstacles in this research related to the effectiveness of personal data protection in the context of online lending are at least influenced by three main elements that influence each other, especially those related to legal substance, legal structure, and legal culture. Based on this doctrine, it is found that in addition to legal uncertainty related to the guarantee of personal data protection rights on the one hand, on the other hand, the absence of specialized institutions related to personal data protection is one of the factors that affect the ineffectiveness of personal data protection in Indonesia related to online loans.