Unnes Law Journal is a double-blind peer-reviewed legal journal (ISSN Print 2252-6536 ISSN Online 2722-4503) publishes research and review papers concerning to Legal Studies. Unnes L.J. published biannually by the Faculty of Law, Universitas Negeri Semarang on April & October. Focus and Scope of Unnes L.J. are concerning (but are not limited to): Criminal Law, Private Law, Administrative Law, International Law, Procedure Law, Tax Law, Customary Law, Islamic Law, Environmental Law, State Administrative Law, Law Land, Insurance Law, Law and Human Rights, Politics of Law, Sociology of Law, Anthropology of Law, Philosophy of Law, Agrarian Law, Forestry Law, Law of the Seas, Ocean Law, Climate Change Law, Maritime Law, Diplomatic Law, Humanitarian Law, Special Criminal Law, Economic Law, Business Law, Consumer Protection Law, Intellectual Property Rights Law, Capital Market Law, Comparative Law, Regional Financial Law, Regional Autonomy Law, Sharia Economic Law, Health Law, Law and Society, Law and Forensics, Criminology, Victimology, Penitentiary Law, Law and Technology, Law and Gender Studies, and other related issues on Law in broader aspects (including Social, Economic, Politic, Security, Education, and Culture), in Indonesia, especially on contemporary legal issues in Southeast Asia.
All writings published in this journal are the personal views of the authors and do not represent the views of this journal or the authors' affiliated institutions. Author(s) retain copyrights under the license of Creative Commons Attribution-NonCommercial-ShareAlike 4.0 (CC BY-NC-SA 4.0).
The Application of International Laws in Bangladesh: A Critical Evaluation
This article discusses the incorporation and implementation of international laws, specifically international treaties and agreements into the domestic legal system of Bangladesh. The position of international laws in the legal system of Bangladesh and their authority to interpret and challenge domestic laws has been focused upon. To that effect, the constitutional provisions dealing with international law along with various authoritative court decisions have been analyzed. Additionally, status and implementation of customary international laws in Bangladesh have also been absorbed. How the norms of customary international laws are being incorporated and implemented have been discussed in detail. The analytical methods of research have been carried in the piece highlighting judicial decisions and international instruments. This article is based on secondary materials with the key sources including textbooks, reports, journal articles, conference papers, daily newspapers and online documents. The study has also relied on international instruments, domestic laws and decided cases of Apex Court of Bangladesh. The findings show that as a democratic country Bangladesh needs to incorporate for the sake of its own people the provisions of international treaties into domestic laws. This is a gradual but perilous process which would take more than political goodwill to materialize. As a young nation, it still has a long way to go to level its regulations up-to the international standards. The positive indication is that the supreme courts of Bangladesh are increasingly realizing and interpreting international instruments through their decisions pressurizing the government to make positive changes in the legislations.
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Technical Intelligence and Security Management within the Nigerian Territorial Waters: The Nigerian Navy Challenge
With the world becoming a more volatile place and certainly high - threat environments becoming too far and dangerous to send personnel, the insufficiency of human intelligence has placed a greater stress on technical aids in gathering intelligence. Technology has allowed the acquisition of intelligence to rely less on human intelligence. The progeny of modern day equipment - both offensive and defensive has made provision for myriad levels in intelligence gathering. The Gulf of Guinea Basin countries rely heavily on their maritime sector for greater per cent of their exports and imports. The Gulf of Guinea is strategic to the development of West African countries and has been characterized by various maritime crimes, thus the need for technical intelligence and surveillance measures by basin countries to enhance the security of the region. Nigeria is a strategic stakeholder in the maritime security around the Gulf of Guinea with her Navy and Nigerian Maritime Administration and Safety Agency as the lead agencies responsible for her maritime security and safety. This work discusses the various leverage and the challenges of modern surveillance equipment to aid the achievement of securing the Nigerian maritime environment by the Nigerian Navy as well as her involvement in several internal security operations in Nigeria.
The Role of Indonesian Diplomacy in Managing the Conflict between The Myanmar Government and The Rohingya Muslim Ethnic
The Rohingya population after Myanmar's independence has experienced a continuous decline this is due to several actions ranging from deportation to killings, until now only a few Rohingya Muslims remain in Rakhine. Basically, the conflict between the Rohingya and Rakhine is more about race than religion. The United Nations (UN) said that the Rohingya are the most oppressed ethnic group in the world. The purposes of this research are beside to analyze the role of Indonesian diplomacy in overcoming the conflict between the Rohingya Muslim Ethnic and the Myanmar Government, it also analyze the Indonesian government effort on Rohingnya case in the perspective International Law. The diplomatic strategy carried out by Indonesia in the issue of the Rohingya ethnic conflict with the Myanmar government, namely the submission of a humanitarian proposition and the proposed equation 4 + 1 for the Rohingya community in the future. Then, Indonesia also used the OIC as the largest international Islamic organization to pressure and urge Myanmar to immediately resolve the violence against the Rohingya. Lastly, diplomacy in the form of providing strategic assistance to the Rohingya ethnicity and participation of the Indonesian people in voicing the resolution of the conflict in Myanmar with the mass media.
Reconstruction of Financial Crime Investigation Methods in Law Enforcement in The Era of the Industrial Revolution 4.0
The purpose of this study was to determine the construction of the concept and method of financial crime investigation in the Netherlands in the law enforcement system in Indonesia to deal with financial crime in the era of the industrial revolution 4.0. The method used is normative research because it only uses secondary data in the form of primary, secondary and tertiary legal materials with conclusions drawn using deductive reasoning methods. The urgency of this research is because the development of crime that is not symmetrical with its legal efforts in the era of the industrial revolution 4.0, has an impact on efforts to enforce the rule of law which will affect reciprocally with the democratic process in Indonesia. The novelty of the research is an investigative method that combines civil and criminal concepts and economic accounting concepts with criminal law concepts. The results of the study are the strategy for law enforcement of financial crimes and financial technology in the era of the industrial revolution 4.0, by building a legal system, namely on the substance of the law, regulatory changes are built that are oriented towards proving the profits from crime through the concept of follow the money. In the aspect of legal structure, build a synergistic and harmonious coordination system between law enforcers and between institutional and private departments with an online networking system. In the aspect of legal culture, building a database system through a data bank, building a business economic infrastructure with a digital transaction system.
Forest Fire and Environmental Damage: The Indonesian Legal Policy and Law Enforcement
Law enforcement regarding the environment is in fact a responsibility that should be fulfilled by the state. In this case, the state is the main actor in prevention, as well as a protector from any efforts to destroy nature and the environment. It can be understood that to maintain the crucial elements in the existence of a state, as agreed in the Montevideo Convention, among others, permanent residents, definite territory, government, the ability to enter into relations with the state. other. So with this it can be understood that environmental damage due to forest fires, is a form of threat also in the area element, because by burning ecosystems, it will result in an imbalance of life in an area, it can also be interpreted if the impacts arising from forest fires spread to enter the area. on the territory of neighboring countries, it will lead to unfavorable relations with other countries.
Forestry Sector Corruption and Oligarchy: A Case Study of the Laman Kinipan Indigenous People, Central Kalimantan
Corruption is a serious problem in the rule of law development and sustainable development efforts. Law enforcement for weak environmental destroyers. On the other hand, the corruption process that is conducted involves a very strong power network and has impunity. This paper used a socio-legal based legal research method. Corruption in the forestry sector in Indonesia not only harms the state financially, but also creates environmental degradation that has an impact on human rights violations for the Laman Kinipan indigenous people. The Laman Kinipan indigenous people as victims of environmental damage have the right to get a solution from the perspective of being victims of environmental damage, both in the context of criminology, access to responsibility and accountability for environmental damage, then the impact of community sociology recovery, ensuring for perpetrators of environmental damage receive appropriate sanctions, as well as recovery in a collective sense. An effective anti-corruption mechanism with programs and compliance intended for business people and the government in preventing bribery corruption in the licensing sector, especially for PT.SML and the concession management circle at Laman Kinipan. Strengthening the concept of strict liability is a very strategic option in this era of industrialization to prevent environmental damage from corruption in the forestry sector.
The Logic Position of State Emergency Law in the Implementation of Regional Head Elections during the Covid-19 Pandemic
The purpose of this study was to describe the position of the state emergency law as the basis for the issuance of the Government Regulation in Lieu of Law and to examine the consistency of the position of the state emergency law in the implementation of regional elections during the pandemic. This study used normative juridical research with conceptual, statutory, philosophical, and case-study approaches. Sources of legal materials in this study consisted of primary, secondary, and tertiary legal materials. The results showed that the Covid-19 pandemic is declared a non-natural disaster to be qualified as coercive urgency, which is a requirement for enacting the state emergency law. However, there is a logical inconsistency about the Covid-19 pandemic concerning regional elections. On the one hand, the Covid-19 is used as an argument to declare the state in an emergency so that it is necessary to issue a state emergency law in the form of the Government Regulation in Lieu of Law. On the other hand, the regional head election is still be held during the pandemic. If the Covid-19 pandemic is considered a state emergency, the regional head election must be postponed until the pandemic is over.
Implementation of The Siracusa Principles as Foundations for Reformulation of Social Restriction Policies in Public Health Emergencies
The purpose of this research is to implement the Siracusa Principles as the basis for the formulation and evaluation of public policies that have the potential to restrict people's rights and freedoms during social restrictions. This research uses the statutory and conceptual approaches of normative juridical methods as instruments of analysis. The findings of this paper include 667 cases of human rights violations released by LBH Jakarta throughout 2020. There are result of the government's social restriction policy to suppress COVID-19 transmission. Although Article 4 of the International Covenant on Civil and Political Rights (ICCPR) allows governments to restrict certain rights during public emergencies that threaten the life of the nation, states are not allowed to arbitrarily restrict people's rights and freedoms. Therefore, a mechanism is needed that can set restrictions on public rights in a balanced manner. In this regard, the Siracusa Principles can be implemented as a basis for the formulation of public policy through human rights due diligence and evaluating the government's compliance in implementing its policies. The novelty of this paper contains comprehensive discourses and recommendations in reformulating social restriction policies that are less friendly to human rights protection through restrictions on rights proportionally and internationally, and allow for the existence of check and balances mechanisms for the course of public policy. Therefore, with the implementation of the Siracusa Principles can be the basis for establishing restrictions on rights proportionally in order to develop policies of social restrictions and health quarantine that are more friendly to human rights protection and can minimize the occurrence of policy formulation errors that have the potential to violate human rights.
Legal Formulation of Imposing Administrative Sanction for Anti-Covid-19 Vaccinations Movement
In order to accelerate the handling Covid-19, the Government has issued a policy that impose administrative sanction for those refusing Covid-19 vaccination. This journal underlines and focuses the administrative sanction for those who refuse to take the vaccinations. Those sanctions could be social security termination, and/or administrative service moratorium. While it is assumed that this policy is urgently needed in addressing the pandemic issue, it also leads to other issues. The first is that whether those administrative sanctions are compliant with law principles and human rights protection. Another is whether there are legal implications for those who refuse to take vaccinations. Method adopted in this research is normative law research method based on facts, issues, regulations, analysis, and conclusion (FIRAK). This journal points out two results. Firstly, the right to obtain health service is a part of human rights. In order to fulfill that right and to achieve a greater good, the Government is responsible to create a clean and healthy environment. Thus, providing Covid-19 vaccinations and imposing administrative sanction comply with law principles and human rights protection. The latter, legal implication from such policy is that the vaccination is mandatory. Thus, those refusing it would be imposed administrative sanctions. It is expected that this policy would become a legal formulation in addressing and handling the Covid-19 pandemic.
Financial Technology Company's Debt Collection Method: A Legal Aspect
Online loans are an alternative source of loans for the public. Online lending has grown rapidly. Financial technology companies are online loan providers. Financial technology companies use various ways to collect loans that are not paid by customers when they are due. One of the debt collection methods is to distribute photos and debt collection stories of the customer to the contacts in the customer's mobile number. This distribution has caused unrest for the people contacted either via messenger or via SMS. This research aims to discuss the pattern of debt collection by financial technology companies from a juridical viewpoint. This research uses the juridical normative method. This research concludes that data retrieval and data dissemination constitute a violation of personal data protection for customers and people who receive news and SMS. Retrieval of data without approval or contacting a loan with another party without prior knowledge has violated the personal domain of the data owner. The government needs to immediately issue regulations regarding the protection of personal data related to electronic transactions.
Insight Into Intellectual Property in Patent Medicine: An Indian Perspective
This paper aims at exploring intellectual property in relation to patent in medicine in India. Knowledge economy is the engine upon which development and creativity depends that has been instrumental in differentiating countries as developed or underdeveloped. India, being a member of World Trade Organization (WTO) has recognized the importance attached with IP thus investing hugely in intellectual advancement thereby reaping the advantages of second world population. Focusing on three key sectors namely, pharmaceutical, biotechnology, and IT sectors, scholars recognized the contributions these sectors offer to the growth domestic products and economic development of the countries. For instance, in India, many companies are continuously contributing to its economic development and growth at exponential rate. Many issues are discussed with regards to intellectual property.
The Rights of Victims of Illegal Investment Crimes Against Confiscated Goods
Illegal investment is a very disturbing business crime. The number of victims and the large value of losses make the case of illegal investment getting special attention. The return of losses from the proceeds of crime is actually the right of the victim, but in law enforcement practice, confiscated objects are usually returned to the state, not to the victim as the rightful party. This study will discuss the problems of investment law in business activities, illegal investment in crime terminology and victims' rights to confiscated objects. This research is a normative juridical research examining the legal vacuum of confiscation of assets to be returned to the victim. Investment is a business activity protected by law. In its development, there are investment irregularities in the form of illegal investments, namely investments that are not licensed and carried out against the law. Illegal investment in the terminology of crime is not explicitly stated, but this act is punishable by fraud and money laundering. The proceeds of crime are traced and confiscated, but in legal practice, the return is given to the state. In future legal reformulations, it is necessary to stipulate provisions regarding the seizure of assets; therefore, the victims can get their rights.
Law Enforcement for Culinary Business Actors for Violations in Obligations in Implementing Education and Protocol of Covid-19 Prevention in Jakarta
The Special Capital Region of Jakarta (Indonesian: Daerah Khusus Ibukota/DKI Jakarta) has various regulations in enforcing the health protocol law, imposing sanctions on culinary business actors for various violations committed, in terms of not carrying out educational obligations and Covid. -19 prevention protocols. The problems in this research are first, how is law enforcement for culinary business actors who violate the obligation to implement education and Covid-19 prevention protocols in Jakarta? and second, does the imposition of sanctions for culinary business actors have a deterrent effect and can increase awareness in conducting education regarding the Covid-19 prevention protocol? Normative and empirical juridical research methods. Data collection techniques through document/library studies and interviews. A qualitative juridical analysis is based on primary data and secondary data. The results of the first study and conclusions, Law enforcement for culinary business actors are carried out by the Civil Service Police Unit (Indonesian: Satuan Polisi Pamong Praja/Satpol PP) by involving several relevant agencies, as the party overseeing culinary business licensing. Law enforcement is carried out through administrative sanctions ranging from written warnings, and fines, to freezing and revocation of permits. Second, the imposition of various sanctions for culinary business actors can increase awareness in conducting education regarding the Covid-19 prevention protocol, have new habits, and provide a deterrent effect. His advice is that corrective action is needed on policies to handle COVID-19 in the culinary business sector and evaluation of culinary licensing in Jakarta.
lllegal Financial Technology Loans Amid the Covid-19 Pandemic Problem
This study aims to identify and analyze illegal online lending practices in the midst of the Covid-19 problems. The research method used in this research is normative juridical research, namely the method of doctrinal legal research by reviewing the applicable regulatory provisions as a basis for analyzing the problems that occur and providing a paradigm as an effort to mitigate those problems. This qualitative research uses a descriptive analysis from primary and secondary legal materials through the study of documents and related literature. Based on the results of the study, the pandemic situation has resulted in growing illegal online loan services. Many individuals and micro, small and medium enterprises UMKM) are entangled in lending and borrowing due to the capital needs as a result of the Emergency Public Activity Restrictions (PPKM) policy. Based on the findings, the authors suggested that the improvement of public literacy related to lending needs to be encouraged, including efforts to ratify the personal data protection law and the drafting of the Fintech.
Prospect and Challenges of Criminal Procedures in Nigeria: A Review
Criminal Justice Procedure (CJP) can be described as the collective means through which a person accused of an offence passes until the accusations have been disposed of or the assessed punishment concluded. Arguably, CJP in Nigeria took an enviable turn around with the enactment of a new principal enactment, Administration of Criminal Justice Act (ACJA) which has repositioned the CJP in Nigeria by addressing the seemingly inadequacies in Criminal Procedure Act (CPA) and Criminal Procedure Code (CPC), harmonizing the CPA and CPC, codifying most age-long judicial pronouncements on CPA and CPC and addressing human rights abuses in erstwhile applicable laws thereby catapulting the CJP in Nigeria to an enviable position in the comity of nations. Recent judicial pronouncements in Nigeria on ACJA are worrisome and questions the readiness of the Judiciary as a stakeholder in Criminal Justice System to address the menace of delay in criminal trials which the ACJA aimed to address by introducing novel provisions target towards speedy dispensation of justice in criminal trials. The research methodology used in this study is systematic review and normative, by analyzing principal and secondary enactments in Nigerian CJP with judicial interpretations. While emphasizing the prospects of the ACJA, this paper also highlighted the challenges and suggested solutions to same. Despite its defects, the ACJA is a landmark development in the Nigerian Criminal Justice Procedure and all States of the Federation are therefore enjoined to domesticate the law.
Juvenile Delinquency in Semarang City: Aspects of Protection and Law Enforcement in Socio-Legal Approach
Juvenile delinquency includes all behaviors that deviate from the norms in society, status violations, and violations of criminal law. Violations of status such as running away from home, skipping school, smoking, drinking, illegal racing, and so on. Violations of this status are usually not recorded in quantity because they are not legal violations. While the so-called deviant behavior against the norm includes premarital sex among teenagers, abortion, and so on. This study aims to analyze the phenomenon of juvenile delinquency from a sociological juridical perspective in the city of Semarang. The method used in this study is a mixed method between empirical and normative studies. This method is used to answer substantially the juvenile delinquency case within the legal framework in the city of Semarang.
Legal Protection for People with Disabilities in Indonesia in the Perspective of Justice Theory
Respect, protection and fulfillment of the rights of persons with disabilities are the obligations of the state. This is also confirmed in Law Number 39 of 1999 concerning Human Rights, so that society has the responsibility to respect the rights of Persons with Disabilities. During this time, Persons with Disabilities have experienced a lot of discrimination which results in not fulfilling the implementation of the rights of persons with disabilities. The passing of Law Number 19 of 2011 concerning the Ratification of the Convention on the Rights of Persons with Disabilities on November 10, 2011, showed that the commitment and seriousness of the Indonesian Government to respect, protect and fulfill the rights of persons with disabilities which in turn are expected to improve the welfare of persons with disabilities. This study confirmed and highlighted that legal protection for people with disabilities has been provided in several laws and regulation both national and international legal system. The implementation and fulfillment of the rights of persons with disabilities is aimed at realizing a higher quality, fairer, physically and mentally prosperous, and dignified standard of life for persons with disabilities. In addition, the implementation and fulfillment of rights are also aimed at protecting persons with disabilities from neglect and exploitation, harassment and all discriminatory acts, as well as human rights violations.
The Disclosure of a Murder Case Using Fingerprint Identification Method: An Alternative
This study aims to identify the function and role of fingerprints as a tool in the disclosures of a crime and the identification of the victim and suspect. It was conducted in the jurisdiction of the Bengkulu Regional Police. Data were collected data by direct interviews and documentation. Data were analyzed using qualitative techniques and then presented descriptively by providing descriptions and explanations in accordance with the problems of the study. The results showed that the function and role of fingerprint identification to scientifically disclose the victim and suspect of a crime was very important. Fingerprint identification functions as a tool or evidence for investigators to first determine and narrow the investigation.
Forensic Science in Criminalistics in Indonesia: Development and Challenges
Since the birth of forensic science until now it has developed so rapidly. the division of forensic science is so complete that it is able to assist law enforcement in carrying out the task of disclosing criminal cases. The application of forensic science has also undergone standardization that is recognized by the international community, so that in future trials, the use of forensic science can be clearly accounted for. The use of forensic science in Indonesia is the same as following international standards using standards set by the National Accreditation Agency. So that in the end it is professional staff who are needed to manpower the needs of the use of forensic science, at least being able to prevent the perpetrators of crimes from continuing their crimes.
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State Responsibility to Protecting Crypto Assets Customers
Cryptocurrency regulation presents a unique and monumental challenge for policymakers. Many countries have threatened to impose complete bans on the use and trading of cryptocurrencies. This study aims to describe the responsibility of the State in protecting crypto asset customer in Indonesia. The normative juridical research method with data sources including primary data and secondary data is used as an analytical tool. The results of the study show that in order to protect crypto asset customer in Indonesia, the government refers to the Commodity Futures Trading Law No. 10 of 2011 which can provide legal protection for investors. Hedging of commodity futures contracts is carried out under the direct supervision of the Commodity Futures Trading Regulatory Agency (BAPPEBTI).
The Existence of Digital Platforms and the Challenges in Enforcement of Indonesian Competition Law
This paper delves into the transformative impact of digital platforms on the enforcement of Indonesian competition law. The advent of these platforms has revolutionized the competition law landscape, with their multisided nature marking a conceptual departure from traditional economic platforms. This study underscores the challenges faced by enforcement agencies in applying the efficiency and consumer welfare approach to business competition law cases involving digital platforms. Recognizing these challenges, there is a growing awareness of the need for an alternative enforcement perspective, notably emphasizing the principle of fairness. By combining an exploration of the unique challenges posed by digital platforms with the imperative for a nuanced enforcement approach, this research contributes to a comprehensive understanding of the complexities surrounding Indonesian competition law in the evolving digital era.
The Occupational Safety and Health Protection for Health Workers during the Covid-19 Pandemic at AMC Hospital Yogyakarta
The Corona Virus Disease 2019 (Covid-19) pandemic has affected almost all sectors, especially health sector. Standing in the forefront in handling the Covid-19 patients, healthcare workers are exposed to the high risk of virus transmission. Therefore, Occupational Safety and Health (OSH) protection of healthcare workers should also get serious attention from various parties, especially employers. AMC hospital is one of the healthcare facilities in Yogyakarta that is engaged in the fight against the Covid-19 outbreak. The aim of this research is to explore the way AMC Hospital implement the occupational safety and health protection for its healthcare workers during the Covid-19 Pandemic. The type of this research is empirical legal research which examines the application of relevant legal provisions in regard to the issue of occupational safety and healthcare protection for healthcare workers in AMC Hospital Yogyakarta. The results of the study show that AMC hospital successfully implemented OSH during the pandemic in an effort to protect healthcare workers. Further, Occupational Diseases (PAK) caused by Covid-19 are covered by the Work Accident Insurance (JKK) program and the Social Health Insurance Administration Body (BPJS) in compliance with legal requirements.
The Urgency of Legal Protection for Domestic Workers as Informal Workers
One of the informal professions in Indonesia is a domestic worker. The problem is that domestic workers have not received maximum protection related to their wages, comfort and work safety which causes them belittled because the lack of their awareness about the rights they supposed to get. This article was made to examine the issues faced by domestic workers and what steps can be taken to improve the bargaining position of domestic workers. The research method used is empirical sociological, focusing on primary data and interviews, supported by secondary data. Data collection and analysis were carried out qualitatively by using Anthon F. Susanto model through the stages of data triangulation. The conclusion is that in Government Regulation Number 2 of 2015 there are no details regarding the rights of domestic workers and there are no laws protecting domestic workers so there are still many violations against domestic workers.
Prevention of Motor Vehicle Theft by the Samapta Patrol (Study at the Demak Resort Police)
This study is to describe the samapta patrol units and efforts increased by the Demak Police samapta unit. This type of research uses a field of research and a qualitative approach. Data sources include primary data and secondary data with data collection techniques used are interviews, observations, and document studies Data analysis techniques used include data reduction, data presentation and conclusion drawing. Knife analysis in conducting discussions includes POAC theory and management theory. The results of the study found that curanmor crimes had fluctuated over the past three years, patrol activities carried out by the Samapta Unit of the Demak Police were carried out according to the SOP, divided into four stages, namely preparation stage, organization stage, implementation stage and evaluation/ termination stage. Some actors are inadequate and external facilities and infrastructure are the jurisdiction of the Demak Police which is quite wide and the intentions of criminals are difficult to predict. Based on the results of the study, the author suggests that in the creation of patrol routes always pay attention to the development of the last Kamtibmas situation in Kabupaten Demak. Often establish cooperation with the community, such as Hansip post, Kamra post, Security Guard post, and Kamling post selectively to facilitate monitoring locations prone to theft of motor vehicles and patrols through residential areas of the community.
Optimization of Humanist Law Enforcement in Order to Realize the Paradigm of Civilian Police
The world's development today requires the Indonesian National Police (INP), must be able to adapted the community's needs and demands. Indonesian Council Decree Number VI / MPR-RI / 2000 arrange the INP as a civilian institution and separate from the Indonesian military, thus requiring INP to change the identity to become a security officer with a civilian character. Building the organizational paradigm of INP to become civilian and democratic police is very necessary, so the role and function of INP as a protector and public servant can be achieved. Humanist law enforcement without using violents will build INP faces became more calm and protective. How is the humanist law enforcement towards the realization of the civilian police paradigm? Humanist law enforcement by the Cilacap Police has not been optimal, it can be seen in the regulations regarding humanist law enforcement within the Police organization that have not been realized, the competence of police officers is not yet optimal in the knowledge, attitudes, and practices, regarding the humanist and the Civil Police paradigm, infrastructure has not been fully supported, community law awareness is still low, and legal culture has not yet been implemented in society. This is influenced by developments in the strategic environment as well as internal and external factors. The SWOT analysis followed by the Anallytical Hierarchy Process (AHP) to produces IFAS, EFAS, and SFAS to determine the action plan of the strategy. The implementation of short-, medium- and long-term strategies obtained from AHP calculations is expected to realize the expected ideal conditions. The implementation of programs in the strategy that has been set is expected to optimize humanism law enforcement to realize the Civilian Police paradigm.
Reconstruction of Legal Norms Through Harmonization of Sexual Crime Laws
Harmonization and synchronization are required in the development of laws and regulations in order to strengthen the law and avoid overlapping regulations. Sexual crime legislation, there is the phrase "without the consent of the victim" or better known as sexual consent in the Regulation of the Minister of Education and Culture of Research and Technology Number 30 of 2021 concerning the prevention and handling of violence in the higher education environment (Permendikbudristek 30/2021), the term of sexual consent is not in line with the sexual crime regulations in other laws and regulations. This research method uses a normative approach that refers to legislation and norms, as well as a conceptual approach to explain the theory used systematically. The results of the study indicate that sexual consent is inappropriate for sexual violence, because sexual consent is contrary to the Criminal Code, the Law on the Elimination of Domestic Violence, the Trafficking in Persons Act, the Pornography Law, and the Act Sexual Violence.
The Influence of Organizational Culture and Self Efficacy on the Ability of Cadets Conflict Management in Lemdiklat Akpol Semarang
The conflict management skills of cadets in the Education and Training Institute at the Semarang Police Academy (Akpol) are still low or not optimal. This needs special attention from all parties involved in the Akpol institution. Because of the various reasons put forward by cadets that they have not optimally practiced conflict management courses and that is only theoretical that cadets get. Therefore, it is necessary to pay attention to improving the ability of educators in teaching each material taught to cadets. This research is a quantitative study with a sample of 28 people. The data collection technique was a closed questionnaire technique while the data analysis technique used SPSS 21 to determine the influence of organizational culture, self-efficacy on the ability of cadets' conflict management at the Police Academy. The results showed that there was an influence of organizational culture by 28.1%, self-efficacy on conflict management by 49.5%. This shows that conflict management abilities can incre
The Notary's Function in Drafting Fiduciary Security Deeds Involving Patent Rights as Collateral
Government Regulation Number 24 of 2022 on the Creative Economy outlines the implementation of the Intellectual Property-Based Financing Scheme, wherein both banks and non-banking financial institutions leverage Intellectual Property as collateral. This includes fiduciary guarantees over Intellectual Property, contracts within Creative Economy activities, and/or claims within Creative Economy activities. Notably, Patents, a subset of Intellectual Property, can serve as collateral per Article 108 paragraph (1) of Law Number 13 of 2016 concerning Patents, allowing "patent rights to be used as objects of fiduciary guarantee." The provision of funding through financial institutions, be they banks or non-banking entities, closely aligns with the collateralization aspect, involving the duties and responsibilities of Notaries. This raises inquiries into the Role of Notaries in Intellectual Property-Based Financing and the Collateralization of Patents as governed by Government Regulation Number 24 of 2022 on the Creative Economy. Employing a juridical-normative approach and incorporating interviews with relevant stakeholders involved in fiduciary guarantee deed preparation, this research aims to discern the roles and responsibilities of Notaries in drafting fiduciary guarantee deeds incorporating patents as collateral objects. Furthermore, the study seeks to establish the Mechanism for Determining the Economic Value of a Patent as agreed upon in the Fiduciary Guarantee Deed.
Criminalization Arrangements for Corporations (Comparative Study of Indonesia and Australia)
This research was conducted on corporate criminal liability arrangements in Indonesian legislation, with the long-term goal of harmonization of corporate criminal liability arrangements, so as to realize certainty, expediency and legal justice in law enforcement in Indonesia. To support the realization of harmonization in corporate criminal liability arrangements in the legislation, it is necessary to review corporate criminal liability arrangements in other countries, both those with the same legal system as Indonesia and with countries with a common law system, namely Australia. The research method used to achieve the research goals and targets is normative legal research with a statutory, and comparative approach method. The projected results of this study are in the form of real data on the implementation of corporate penal regulations for the National Legal System. The output of this research is in the form of published articles in accredited national journals
Practice of Applying Affidavits in Bankruptcy Law and Postponement of Debt Payment Obligations
Civil law regulates the means of evidence as outlined in Article 1866 of the Civil Code/Article 164 HIR/Article 284 RBg which consists of written evidence, witness evidence, allegations, confessions and oaths. The existence of an Affidavit certainly makes it easier to resolve a Civil Case, especially in cases regarding Bankruptcy and Postponement of Debt Payment Obligations. The existence of an Affidavit is one aspect that confirms that the process of proving a legal problem in Indonesia is undergoing adjustments in line with the very rapid development of law in this Era of Globalization. The application of Affidavits in Bankruptcy and PKPU legal processes is important in their development. This research uses Normative Legal Research using the method of the Statute Approach. Article 299 of Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations explains that the procedural law that applies in resolving Bankruptcy cases and Postponement of Debt Payment Obligations is Civil Procedure Law. Written evidence is significant in the Bankruptcy Law and PKPU process, although the process still prioritizes simple evidence. Affidavit is a written statement by someone who is considered an expert containing an explanation of a particular event object, which is then signed and submitted as written evidence in the trial. In Indonesia, an Affidavit cannot be classified as an Authentic Deed and does not have perfect evidentiary properties, but an Affidavit can be used as ordinary documentary evidence to support other evidence and help judges decide Bankruptcy & PKPU cases efficiently in order to support a simple evidentiary process and considering the short examination time.