Law Research Review Quarterly

Banditry and Insecurity: Are There Ungoverned Spaces in Nigeria?

Oluwaseun Kugbayi, Adeleke Adegbami — Thu, 30 Nov 2023 00:00:00 +0700

Many towns and villages in Nigeria have been experiencing bandits activities, vis-à-vis kidnapping, armed robbery, murder, rape, cattle-rustling, and violent actions in recent years. These activities have continued to escalate despite the presence of security agencies such as – the Nigerian Army, the Nigerian Navy, the Nigerian Air Force, the Nigerian Police, the State Security Service, the National Intelligence Agency, and the Defence Intelligence among others. The unabated bandits' activities in part of the country depict a picture of ungoverned spaces, which suggests that there are territories that are experiencing a vacuum of political order. The study for that reason examines the connections between banditry and the ungoverned spaces, as well as, analyses the effects of bandits' activities on Nigeria and Nigerians. Using the discourse analysis that relies on secondary sources, the paper argues that the inability to govern some territories adequately in Nigeria has created a vacuum for bandits’ activities to thrive.

The Construction of the Welfare State in Human Rights in Law Number 36 of 2009 concerning Health

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

In the Preamble of the 1945 Constitution of the Republic of Indonesia (UUD 1945), it mandates that one of the objectives of establishing the Republic of Indonesia is to promote the general welfare and to educate the nation. This mandate implies an obligation to fulfill the needs of all citizens through a governance system that supports the creation of high-quality public services in order to meet the basic needs and civil rights of every citizen for public goods, public services, and administrative services. This is in line with the concept of a welfare state, which is the idea that the state is responsible for its citizens, ensuring their well-being through services, assistance, protection, and the prevention of social problems. Indonesia is one of the countries that adheres to this system by adopting a minimal welfare state model. One of the rights that the state must fulfill for its citizens is the right to access healthcare facilities, as outlined in Law Number 36 of 2009 concerning Health, which includes the obligation of every individual to respect the rights of others in their efforts to obtain a healthy environment, both physically, biologically, and socially. Every person is obligated to lead a healthy life to achieve, maintain, and improve their health to the highest possible level.

Identification of International Human Rights Principles in Indonesia’s New Criminal Code

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

This paper explores the incorporation and alignment of international human rights principles within Indonesia's latest Criminal Code. As nations strive to uphold fundamental rights and liberties, examining the compatibility of domestic legislation with international standards is imperative. This study employs a comprehensive analysis of Indonesia's new Criminal Code, focusing on the identification and assessment of provisions that either conform or diverge from established international human rights norms. By scrutinizing key legal aspects, such as due process, freedom of expression, and protection against discrimination, this paper aims to shed light on the extent to which Indonesia's legal framework reflects its commitment to global human rights standards. The findings contribute valuable insights into the ongoing discourse surrounding the harmonization of domestic laws with international human rights instruments, offering implications for policy development, legal reform, and fostering a culture of respect for human rights in Indonesia.

Human Rights Based Litigation in Promoting Disaster Preparedness

Muchammad Chanif Chamdani, Dhiya' Sholiha Husnayaini — Thu, 30 Nov 2023 00:00:00 +0700

Indonesia grapples with an elevated susceptibility to natural disasters, as highlighted by the 2018 Indonesian Disaster Risk Index (IRBI), placing all provinces within the medium to high risk spectrum. The resulting devastation, losses, and adverse effects are compounded by societal vulnerabilities and a lack of capacity to manage such crises. This study advocates for a human rights-based approach to disaster management, serving as a dual tool to instigate government accountability and empower communities to enhance their resilience. A pivotal focus lies on preparedness as an essential factor, aiming to cultivate capabilities for efficient emergency management and seamless transitions from immediate response to sustained recovery. Recognizing the potential of effective preparedness measures in significantly mitigating the impact of disasters, this paper employs a normative approach, incorporating statutory and court case analyses, to scrutinize the feasibility and challenges of litigation. The objective is to assess the government's adherence to preparedness requirements, leveraging legal avenues to ensure comprehensive disaster resilience. This research sheds light on the prospects and hurdles of utilizing litigation as a mechanism for prompting government action and fostering a culture of preparedness within the Indonesian context.

Empowerment Model and Fulfillment of Elderly Rights through Elderly Schools (Review of Law Number 13 of 1998)

Waryatun Waryatun, Rodiyah Rodiyah, Indah Sri Utari — Thu, 30 Nov 2023 00:00:00 +0700

The empowerment and fulfillment of senior rights model based on Law Number 13 of 1998 in Tegal District and Central Java Province have begun to fulfill the rights of senior citizens through schools, with support from the community, village government, provincial government, and central government, including support from families with senior members, even though it has not yet been fully synchronized and quickly implemented in each region. Socialization continues to be conveyed to the public about the need for attention and respect for senior citizens by all segments of society, even though there are still societal stigmas that consider senior citizens as having many limitations and being unproductive, and therefore not needing special attention from the government.

The Relevance of Presidential Threshold Implementation in the 2024 Concurrent Elections

Cindy Ayu Prasasi — Thu, 30 Nov 2023 00:00:00 +0700

The fortification of Indonesia's presidential system ensued through the amendment of the 1945 Constitution spanning from 1999 to 2002. This consolidation of the presidential system is exemplified by the discontinuation of the President's status as a mandatary of the People's Consultative Assembly, aligning with the nation's commitment to establish a democratic rule of law. The President, as the head of government, is now directly elected by the populace, with the inaugural direct presidential election taking place in 2004. Within this electoral process, a stipulated criterion known as the Presidential Threshold is applied. In the upcoming 2024 election, the maintenance of the presidential threshold dictates that a pair of presidential candidates proposed by a political party or an amalgamation of political parties must meet specific requirements. These include obtaining at least 20% of the total seats in the Regional Representative Council (DPR) or securing 25% of the valid votes nationally in the preceding DPR member election. While the implementation of the presidential threshold in Indonesian elections has elicited both support and criticism, proponents argue that it streamlines political parties, bolstering the presidential system and fostering government stability, particularly in the interplay between executive and legislative institutions. Conversely, detractors contend that the reliance on votes from the previous election for the application of the presidential threshold in simultaneous elections warrants reconsideration.

The Politics of Law Enforcement of Corruption in Indonesia in the Criminal Justice System

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

This study critically examines the intricate nexus between law enforcement and political influences in the context of anti-corruption efforts within Indonesia's criminal justice system. The research navigates the multifaceted landscape of how corruption cases are handled, investigated, and prosecuted, aiming to unravel the subtle dynamics that shape outcomes. Beyond a mere exploration of statutory frameworks, the study delves into the complex interplay between legal processes and political considerations, shedding light on the political dimensions embedded in the enforcement of anti-corruption measures. In Indonesia, where corruption has been a persistent societal challenge, understanding the politics of law enforcement is paramount. The analysis encompasses the roles played by diverse actors, including law enforcement agencies, the judiciary, and political entities. The research adopts a multidisciplinary approach, integrating legal analysis and insights from political science to provide a holistic understanding of the complexities involved. Beyond a descriptive account of legal provisions, the study investigates how political considerations may impact the prioritization, investigation, and prosecution of corruption cases. The findings of this research hold significance for policymakers, legal practitioners, and scholars alike, offering insights that may inform potential reforms and strategies to strengthen the nation's resolve in combatting corruption. By fostering a nuanced understanding of the politics entwined with law enforcement, the study contributes to broader conversations on achieving transparency, accountability, and justice within Indonesia's anti-corruption framework.

The Urgency of Global Halal Standards on Products in Supporting International Trade

Muthia Sakti — Thu, 30 Nov 2023 00:00:00 +0700

This research endeavors to assess the imperative need for global halal standards in product certification within the regulatory frameworks of diverse countries. Employing normative juridical research methods alongside statutory, comparative, and conceptual approaches, the study seeks a comprehensive understanding of the existing landscape. The findings underscore significant disparities among halal certification bodies across various countries, attributable to variations in regulations, diverse schools of thought, cultural influences, and nuanced considerations of maslahah (public interest). These divergences necessitate urgent attention and intervention. It becomes apparent that the Standards and Metrology Institute for the Islamic Countries (SMIIC) holds a pivotal role in harmonizing global halal standards. Such harmonization is critical not only to safeguard the interests of Muslim consumers on a global scale but also to mitigate potential international trade disputes arising from the export and import of halal products. This research underscores the pressing need for concerted efforts to establish unified global standards, ensuring the integrity of halal certification processes and fostering a more transparent and equitable global trade environment for halal products. The study contributes to the ongoing discourse on harmonization and standardization within the halal industry, emphasizing the potential for enhanced consumer protection and international trade facilitation.

Implementation of Go Public in the Development Indonesian Company Law (Case of PT. Astra International)

Ratna Laniati, Sang Ayu Putu Rahayu, Bastian Chris Daren — Thu, 30 Nov 2023 00:00:00 +0700

In the competitive business landscape of Indonesia, companies vie for prominence within their respective sectors. The capital market emerges as a pivotal avenue for enterprises to secure financial resources crucial for sustaining and expanding their operations. "Going public" through a public offering, wherein a company sells shares to investors, is a strategic approach adopted by numerous firms, including PT. Astra International Tbk. This process is perceived not only as a means to enhance corporate image but also to procure capital for purposes such as expansion, product development, and strategic business amalgamations. The primary objectives of this study are twofold: First, to elucidate the procedural intricacies a company in Indonesia undergoes to attain the status of a publicly traded entity, and second, to scrutinize the practical facets of the "Go Public" process, focusing on its implementation at PT. Astra International. The outcomes of this study reveal that going public involves the regulated offering of shares or securities to the public, as stipulated by Law no. 8 of 1995 concerning Capital Markets and its associated regulatory frameworks. In addition, PT. Astra International Tbk., having undergone this transformation and been listed on the Jakarta Stock Exchange since April 4, 1990, aspires to fortify its financial structure, enhance operational performance, and realize predetermined expansion objectives through the going public process. While this transition affords companies access to expanded funding sources, it concurrently imposes new responsibilities and repercussions that necessitate careful consideration and management by the concerned entity.