Journal of Indonesian Legal Studies <p style="text-align: justify;"><strong>Journal of Indonesian Legal Studies starting in 2024 migrates to better secure from various unwanted things, including journal hacking and so on. To submit, the author please visit the new website page of our journal at the link<a href="">&nbsp;</a></strong></p> <p style="text-align: justify;"><strong><em>MIGRATION OFFICIAL STATEMENT&nbsp;<a href="" target="_blank" rel="noopener">HERE</a></em></strong></p> <p style="text-align: justify;">JILS (Journal <em>of </em>Indonesian Legal Studies) is a peer reviewed journal published biannual (May and November) by Faculty of Law, Universitas Negeri Semarang. JILS published both Printed and Online version (<strong>Print ISSN&nbsp;<a href=";1478763000&amp;1&amp;&amp;" target="_blank" rel="noopener">2548-1584</a></strong>, <strong>Online ISSN&nbsp;<a href=";1478762815&amp;1&amp;&amp;" target="_blank" rel="noopener">2548-1592</a></strong>). JILS is intended to be the journal for publishing of results of research on law both empirical and normative study, especially in contemporary legal issues. The various topics but not limited to, criminal law, constitutional law, private law, economic law, human rights law, international law, tax law, Islamic law, customary law, commercial business law, environmental law, street law, legal education, maritime law, trade law, in the framework of Indonesian legal systems and Indonesian legal studies.</p> en-US <p style="text-align: justify;">All writings published in this journal are personal views of the authors and do not represent the views of this journal and the author's affiliated institutions.&nbsp;<strong>Author(s) retain copyrights&nbsp;</strong>under the licence of&nbsp; Creative Commons&nbsp;<span class="cc-license-title">Attribution-ShareAlike 4.0 International</span>&nbsp;<span class="cc-license-identifier">(CC BY-SA 4.0).&nbsp;</span></p> [email protected] (Ridwan Arifin, S.H., LL.M.) [email protected] (Wahyudin, S.Pd., M.Kom.) Sun, 05 Nov 2023 00:00:00 +0700 OJS 60 Indonesia’s Constitutional Court Decisions on Outsourcing Scheme: Balancing Protection and Efficiency? <p>This article explores the Indonesian Constitutional Court’s views through its decisions in shaping the practice of outsourcing in Indonesia based on the 1945 Constitution. The study was first conducted by analyzing Decision No. 012/PUU-I/2003 and later Decision No. 27/PUU-IX/2011. The novelty of this research is evident from the involvement of perspective in analyzing the outsourcing scheme in Indonesia as newly regulated in several laws, namely Job Creation Law and the Government Regulation&nbsp;<em>in lieu</em>&nbsp;of Job Creation Law. Using the normative legal research method, the authors&nbsp;used statutory,&nbsp;case, and conceptual approaches. Based on the research conducted, the authors found that the Constitutional Court&nbsp;aims&nbsp;to uphold the balance of companies’ efficiency and&nbsp;outsourced workers’&nbsp;rights protection. The&nbsp;findings are evidenced by&nbsp;the Constitutional Court’s stance in&nbsp;a decision that implies&nbsp;that outsourcing is constitutional to enhance the State’s economy while simultaneously&nbsp;protecting the&nbsp;outsourced workers’ rights to ensure the&nbsp;fulfillment of their&nbsp;constitutional rights by setting two-fold models of protection. Therefore,&nbsp;even if&nbsp;new outsourcing scheme regulations are issued, the criterion of legality in future judicial reviews must involve&nbsp;determining whether such balance has been sufficiently met.</p> I Dewa Gede Palguna, Ita Nurjanah, Ni Komang Tari Padmawati, I Komang Dananjaya, I Made Halmadiningrat ##submission.copyrightStatement## Sun, 05 Nov 2023 00:00:00 +0700 Developing an Indonesian Regulatory Framework in the Face of SEZs 5.0 <p>Numerous emerging economies have embraced Special Economic Zones (SEZs) as more than just an instrument for policymaking to encourage growth and industrial development. Today’s “SEZ 5.0,” which is based on novel digital inventions offers a gateway to economic progression. This research utilizes the normative juridical method and secondary data based on library research. This research is novel in the way that it illuminates the numerous key lessons from effective SEZ practices, such as: geographical advantage, interoperability of zone strategic plan with the overarching development plan, acknowledging the context of the industry, and harnessing comparative advantage, as well as, making sure that SEZs are “special” in contexts of a business-friendly atmosphere supported by a sound statutory and regulatory model, along with the articulation of sustainable practices and adaptability towards the volatility of the market. This research recommends key policy lessons for the Indonesian SEZ governance.</p> Rufinus Hotmaulana Hutauruk, David Tan, Ampuan Situmeang, Hari Sutra Disemadi ##submission.copyrightStatement## Sun, 05 Nov 2023 14:01:14 +0700 Establishment of Electoral Court in Indonesia: Problems and Future Challenges <p>The primary aim of this research is to evaluate the imperative need for the establishment of a dedicated judicial body to address electoral disputes in Indonesia, particularly in light of the imminent concurrent elections scheduled for 2024 and the limited jurisdiction of the Constitutional Court in adjudicating such matters. This study employs normative legal research methodologies, incorporating legislative analysis, scrutiny of judicial precedents, and a comparative law framework as its principal approach. Uruguay serves as a pertinent comparative reference within the contextual parameters of this inquiry. The research findings unequivocally indicate the indispensability of instituting a specialized court for regional head elections, as mandated by Constitutional Court Decision Number 97/PUU-XI/2013. This imperative is substantiated by a series of legal arguments, namely: (a) the constrictive nature of the law's mandate, (b) the Constitutional Court's role as a constitutional enforcement institution rather than a court of justice, (c) the absence of an appellate process, contravening fundamental principles inherent to the electoral law system, (d) the quantitative approach to dispute resolution, impeding the attainment of justice, and (e) the presence of a distinct judicial system, engendering uncertainty and impeding the realization of justice, certainty, and expediency within the election legal framework. The establishment of specialized courts for regional head elections in Indonesia is analogous to the implementation of analogous courts in Uruguay and Costa Rica. In both jurisdictions, specialized election courts function as distinct entities, operating autonomously from the conventional judicial powers vested in the Supreme Court or the Constitutional Court.</p> Suparto Suparto, Ellydar Chaidir, Ardiansyah Ardiansyah, Jose Gama Santos ##submission.copyrightStatement## Sun, 05 Nov 2023 00:00:00 +0700 Transformation of the Legislative System in Indonesia Based on the Principles of Good Legislation <div style="text-align: justify;">The Constitutional Court’s decision (Number 91/PUU-XVIII/2020) on the Formal Examination of Law Number 11 of 2020, addressing Job Creation and the subsequent enactment of Law Number 13 of 2022, has catalyzed a profound transformation in Indonesia’s legal system. This legal evolution, explored in the context of the Transformation of the Legislative System in Indonesia Based on the Principles of Good Legislation, delves into the political dynamics of legislation leading to numerous Constitutional Court litigations. The quality of law formation is scrutinized in light of the principles of good legislation, emphasizing transparency, participation, effectiveness, and efficiency. The study assesses how the Indonesian parliament executes its legislative function and underscores the imperative for reformulating planning, institutions, and capacity. The article advocates for an expedited authorization of Information and Communication Technology (ICT) as a crucial step toward digitizing legislation in the pursuit of a thoroughly transformed and principled legislative system.</div> Martitah Martitah, Arif Hidayat, Rahayu Fery Anitasari, Malik Akbar Mulki Rahman, Triska Rahmatul Aini ##submission.copyrightStatement## Sun, 05 Nov 2023 00:00:00 +0700 Ecological Sustainability from a Legal Philosophy Perspective <p>Gustav Radbruch made a fundamental contribution to legal thought, by suggesting the framework of legal justice, legal benefit, and legal certainty as the main purposes of law. This framework is widely accepted and still serves as a basis for thinking about questions of legal interpretation and the problems of legal positivism. This article argues that Radbruch’s framework falls short of addressing legal issues related to the threats of ecological crisis. Looking at legal theory and legal practice, we propose to add “sustainability” as a meta-value to Radbruch’s ideals of the legal system.</p> Widodo Dwi Putro, Adriaan W. Bedner ##submission.copyrightStatement## Sun, 05 Nov 2023 00:00:00 +0700 Conceptualizing Policy on Underwater Cultural Heritage: Towards Legal Protection and Ecotourism Promotion in Karimun Jawa, Indonesia <p>Karimun Jawa Island is a promising maritime asset, enriched by abundant water resources in Central Java. However, the allure of this location poses a potential threat to the sustainable ecosystems of marine biota unless prompt government action is taken to safeguard its underwater cultural heritage. This research proposes a comprehensive policy design for legal protection and ecotourism development in Karimun Jawa, balancing economic considerations and environmental preservation. Employing a socio-legal methodology encompassing interviews, observation, and focus group discussions, the study identifies substantial challenges in managing underwater cultural heritage in Karimun Jawa. These challenges encompass over-exploitation, shipwreck theft, damage from trawlers, natural disasters, and plastic pollution. The research underscores the imperative for the government to formulate measures ensuring legal protection on international, national, and regional fronts. At the global level, immediate ratification of the Convention on the Protection of Underwater Cultural Heritage 2001 is recommended. Moreover, effective collaboration among stakeholders—central and regional governments, local communities, and maritime enterprises—is deemed crucial for sustainable, culturally informed policy formulation fostering responsible management, utilization, and protection of this unique marine heritage.</p> Dhiana Puspitawati, Moh. Fadli, Mustafa Lutfi, Syahriza Alkhoir Anggoro, Mohd Hazmi Mohd Rusli ##submission.copyrightStatement## Sat, 02 Dec 2023 00:00:00 +0700 Green Tourism Regulation on Sustainable Development: Droning from Indonesia and China <p>For more than five decades (since 1972), the world has increasingly directed its attention toward sustainable development, one of which encompasses the domain of green tourism. Indonesia and China stand as two nations committed to the Sustainable Development Goals and green tourism. Nevertheless, it remains uncertain whether the legal framework on green tourism in both countries has achieved comprehensiveness and the extent of its implementation's effectiveness. This article aims to explore the regulations on green tourism in Indonesia and China, along with their respective impacts. Drawing on a statute approach, this article argues that Indonesia has established multiple levels of regulations concerning green tourism as a part of its commitment to sustainable development and China. In practice, both Indonesia and China have implemented these regulations, leading to discernible positive effects on societal welfare. However, conventional regulatory overlap persists in Indonesia, and the implementation appears less than optimal. In another context, China adopts a streamlined regulatory framework and appears to have achieved greater effectiveness in the implementation of green tourism.</p> Abdul Kadir Jaelani, Muhammad Jihadul Hayat, Resti Dian Luthviati, Sholahuddin Al-Fatih, M. Misbahul Mujib ##submission.copyrightStatement## Sun, 05 Nov 2023 00:00:00 +0700 Averting Deforestation: Designing the Model of a Public Participation-Based Environmental Agreement of Shifting Functionality of Forest <p>This research highlights the shifting concepts and mechanisms in business licensing in forest areas from environmental licensing to an environmental agreement following the effectuation of Indonesia’s Job Creation Law. It is important to investigate this change, considering that it may involve environmental damage or deforestation in forest areas, which tends to be pro-businesses. With the normative-juridical method that incorporates statutory, conceptual, and analytical approaches, This research aims to analyze the concept of the integration of an environmental agreement in risk-based business licensing that has changed business licensing into an environmental agreement in forestry. This study also analyzes the concept of an environmental agreement concept regarding the likelihood of deforestation and the shifting functionality of forest areas. The last important point is that it is paramount to set an ideal legal construction in the environmental agreement in risk-based business licensing in forestry businesses by employing a restorative justice approach and public participation. The research results recommend an ideal legal concept in the integration of an environmental agreement into risk-based business licensing by taking into account public participation, as outlined in Environmental Protection and Management Law, implying citizens to have both public and private rights, enabling them to participate. Moreover, the public role can adjust to the need and risk levels developed with varied concepts of the development of public participation by considering theories and practices in other countries.</p> Iwan Permadi, Diah Pawestri Maharani, Zainal Amin Ayub ##submission.copyrightStatement## Sun, 05 Nov 2023 00:00:00 +0700 Radicalism in Indonesia: Modelling and Legal Construction <p>Radicalism, commonly intertwined with terrorism, assumes a critical role in Indonesia's efforts to counter and deradicalize individuals as part of its broader counterterrorism strategies. Despite the incorporation of contra-radicalization and deradicalization measures within the Indonesian Anti-Terrorism Law, the legal framework lacks a precise definition of radicalism. The absence of a clear legal concept prompts ongoing debates among academics and political entities, leaving the definitive elucidation of radicalism largely within the purview of the government. This article contends that for the sake of achieving conceptual uniformity and ensuring legal clarity, a formal regulation addressing the nuanced dimensions of radicalism is imperative. The objective herein is to scrutinize the existing model for gauging radicalism in the Indonesian context and subsequently formulate a robust legal construct surrounding this complex phenomenon. To this end, a set of four criteria—intolerance, fanaticism, exclusiveness, and revolutionary fervor—has been devised to quantitatively measure the extent of radicalism. This measurement process involves the administration of interviews or surveys, with the resultant data shedding light on respondents' inclinations and tendencies. The proposed legal framework posits that an individual or group can be categorized as radical only when they meet the predefined criteria encapsulated within the regulations, encompassing the four specified dimensions. By delineating and operationalizing these criteria, this research endeavors to contribute to the development of a comprehensive legal framework for addressing radicalism in Indonesia. This approach not only facilitates a more nuanced understanding of radicalism but also provides a tangible basis for legal categorization and intervention. Ultimately, the aim is to enhance the effectiveness of counterterrorism efforts by establishing a clear and standardized definition of radicalism within the Indonesian legal landscape.</p> Usman Usman, Hafrida Hafrida, Mohamad Rapik, Maryati Maryati, Ahmad Zaharuddin Sani Ahmad Sabri ##submission.copyrightStatement## Sun, 05 Nov 2023 00:00:00 +0700 Harmonizing Adat Obligations and State Law: A Case Study of Murder and Rape Cases in Baduy’s Indonesia <p>This study endeavors to examine the execution of adat obligation fulfillment within the Baduy adat society, specifically in cases involving the murder and rape of Baduy girls in 2019. The primary focus is on scrutinizing how the Baduy adat institution has undertaken the fulfillment of adat obligations in these cases and its alignment with the provisions outlined in the New Criminal Code. Employing a normative-sociological research methodology, both secondary and primary data were utilized, including a comprehensive literature review and field studies conducted through interviews with traditional leaders in Baduy. The imperative nature of this research lies in its investigation into the applicability of positive law within the Baduy adat area, coupled with the implementation of adat obligations and the restoration of cosmic balance within Baduy society following the repercussions of crimes within the Baduy adat jurisdiction. The distinctive contribution of this research lies in its exploration of the fulfillment of adat obligations applicable in Baduy, particularly in cases involving the murder and rape of Baduy girls, and its correlation with the regulations of the New Criminal Code. The research findings underscore that perpetrators of the mentioned crimes are subject to penalties under both positive criminal law (imprisonment) and Baduy's adat law, where an adat obligation mandates them to marry the victim. Notably, the implementation of sanctions from both state and adat law occurs concurrently, despite originating from distinct institutional frameworks. In conclusion, the fulfillment of adat obligations, as orchestrated by Baduy's adat law, aligns with the regulations in the New Criminal Code. However, the execution of adat obligations in accordance with the New Criminal Code necessitates a court decision. Consequently, the role of the adat institution assumes critical importance concerning its relevance and authority in sanctioning within the implementation of adat obligations.</p> Rena Yulia, Aliyth Prakarsa, Mohammad Reevany Bustami ##submission.copyrightStatement## Sun, 05 Nov 2023 00:00:00 +0700 Examining the Criminal Aspects of the Indonesian Plant Varieties Regime and Farmer Protection for Food Sovereignty <p>This research investigates the Plant Varieties Regime's role in safeguarding farmers’ rights in plant development and cultivation in Indonesia. Specifically, it scrutinizes criminal provisions concerning farmers accused of producing seeds without the right holder's consent, as evident in multiple court decisions. These verdicts have ignited legal debates that conflict with the principles of food sovereignty. Given that nearly 90% of corn plants are cultivated through traditional farmer knowledge, the increasing dependence on the seed industry disrupts agricultural practices passed down through generations. The Plant Variety Protection Act (PVP Act) inadvertently encourages seed industry monopolization. This paper advocates a coherent approach in compliance with Article 27(2) of the 1945 Constitution to address these legal issues and establish a just legal framework. The primary legal discourse centers on equitable protection, necessitating a re-evaluation of the PVP Law, which is perceived as restricting plant development opportunities and discriminating against farmers. Farmers, as stewards of seed development and livelihood, should not face criminal charges encroaching upon their rights. Employing a normative methodology involving statutory, conceptual, and case analyses, this study examines the criminal aspects and legal protection of farmers' rights in corn seed cultivation. Ultimately, the paper recommends revising the PVP Law, emphasizing the importance of coherent legal thinking when shaping criminal policies. On a practical level, it calls for collaborative efforts among stakeholders to bolster agricultural sovereignty, particularly in the corn sector, by prioritizing farmers' rights. In summary, this research aims to provide recommendations for enhancing farmers' protection against the criminal provisions outlined in the PVP Act, which holds a pivotal role in shielding farmers engaged in corn seed cultivation.</p> Eny Suastuti, Hayyan Ul Haq, Uswatun Hasanah, Dwi Martini, Sartika Nanda Lestari ##submission.copyrightStatement## Wed, 08 Nov 2023 00:00:00 +0700 Unmasking Illicit Enrichment: A Comparative Analysis of Wealth Acquisition Under Indonesian, Thailand and Islamic Law <p style="text-align: justify; text-justify: inter-ideograph;"><span lang="IN" style="font-size: 13.0pt; font-family: 'Palatino Linotype',serif; color: #252525;">Within the context of both countries, influenced significantly by Islamic legal norms, corruption and illicit enrichment are condemned as violations of justice, honesty, and integrity. In Thailand, where the legal framework for handling illicit enrichment is relatively well-structured, these values can be further integrated to enhance transparency and accountability. Shifting the burden of proof, in line with Islamic ethical principles, can imbue the law enforcement process with a robust moral and social dimension. In Indonesia, where the concept of illicit enrichment is not fully articulated in anti-corruption legislation, these values can serve as a foundation to complement the existing legal framework. The KPK, empowered to monitor officials' wealth, can incorporate these principles into its vetting and investigative mechanisms, reinforcing a values-based approach to corruption prevention and prosecution. Applying Islamic teachings in governance and law can provide an ethical underpinning, fortifying existing legal structures. It entails not only introducing new rules but also nurturing a culture of integrity in society and emphasizing the moral responsibility of public officials. By grounding their legal systems in profound Islamic values, both countries can advance their battle against corruption and illicit enrichment, fortify their legal frameworks, and ultimately promote the development of more transparent and accountable governance.</span></p> Akhmad Akhmad, Zico Junius Fernando, Papontee Teeraphan ##submission.copyrightStatement## Wed, 08 Nov 2023 00:00:00 +0700 Good Corporate Governance Principles in Islamic Banking: A Legal Perspective on the Integration of TARIF Values <p>Islamic banking, rooted in the foundational principles of <em>shiddiq</em> (honesty), <em>tabligh, amanah</em> (fulfillment of beliefs), and <em>fatanah</em> (intelligence) derived from the teachings of Prophet Muhammad, stands in stark contrast to conventional banking, which is driven by Western-derived concepts encapsulated in Good Corporate Governance (GCG). The latter is characterized by principles such as transparency, accountability, responsibility, independency, and fairness (TARIF). This research investigates the possibilities and implications of applying GCG principles in Islamic banking, examining their impact on Islamic economic law. Utilizing a normative legal study, the research delves into primary and secondary legal materials, employing a deductive analysis with both statutory and conceptual approaches. The integration of GCG principles in Islamic banking signifies a convergence of values that fosters justice, <em>tawazun</em> (balance), <em>mas’uliyah</em> (accountability), akhlaq (morality), <em>shiddiq</em> (honesty), <em>amanah</em> (fulfillment of beliefs), <em>fatanah</em> (intelligence), and economic equilibrium within the framework of Islamic economic law.</p> Hirsanuddin Hirsanuddin, Dwi Martini ##submission.copyrightStatement## Tue, 14 Nov 2023 00:00:00 +0700 Nurturing Tomorrow’s Jurists: Rethinking the Indonesian Constitutional Court's Clerkship System through a Comparative Lens <p>This paper dives into the clerkship system at the Indonesian Constitutional Court (MK), an independent judicial organ that holds high importance as the guardian of the constitution. While the court’s nine justices benefit from the existence of a clerk’s office, its work is still very limited to administrative matters. The paper begins by questioning whether the current system is sufficient to assist justices in their work and fulfill the larger aims of judicial clerkship. Its ultimate objective as a follow-up to the question is to identify ways to improve MK’s clerkship system. In order to assess the Indonesian clerkship system, a comparative analysis study of three other countries’ courts that similarly act as guardians of their respective constitutions – namely the Supreme Court of the United States, Constitutional Court of South Africa, and Supreme Court of India – is conducted. It is found firstly that there is indeed a need to change the clerkship system in MK as there are multiple ways in which clerks can help the court and benefit from it. Consequently, the changes that should be made run deep into the very purposes and roles of clerks, the structure of the committee or program, and the expected qualifications and selection process. By drawing inspiration from the three aforementioned courts, a contextualized adoption can be identified by taking into account Indonesia’s own circumstances.</p> Rafsi Azzam Hibatullah Albar, Eugenia Felicia Natiur Siregar, Haekal Al Asyari ##submission.copyrightStatement## Wed, 08 Nov 2023 00:00:00 +0700 Defining Indigenous in Indonesia and Its Applicability to the International Legal Framework on Indigenous People’s Rights <p>This paper aims to analyse the concept of indigenous peoples in Indonesia and examines whether the concept is appropriate with an international legal framework. Analysing the concept is essential to legitimising indigenous rights under the international law regime. The discourse on indigenous in Indonesia emerged after the government rejected an international treaty on indigenous rights and was reluctant to adopt the UNDRIP into their national law. The government opposes this by arguing that the concept of indigenous peoples under the international legal framework is inappropriate for the Indonesian context. Consequently, indigenous peoples in Indonesia do not benefit from international norms that have recognised and protected their rights globally. This paper found that the concept of indigenous peoples in Indonesia has similarities and is appropriate to the international instrument (ILO169 and UNDRIP). Thus, ratifying the ILO treaty or adopting the UNDRIP into national law will benefit the indigenous in protecting their fundamental rights, including their collective rights to traditional lands under international norms.</p> Chairul Fahmi, Azka Amalia Jihad, Akihisa Matsuno, Faisal Fauzan, Peter-Tobias Stoll ##submission.copyrightStatement## Wed, 08 Nov 2023 00:00:00 +0700 Legal Development in the Overcoming Overfishing in Indonesian Coastal Areas <p>Indonesia, as a vast island state surrounded by extensive seas, holds a strategic advantage in the maritime sector. The coastal areas, rich in resources, play an indispensable role in the lives of numerous Indonesians. Despite the abundance of resources, the well-being of the population faces uncertainties attributed to management challenges. A prominent issue exacerbating the decline in the coastal ecosystem and diminishing productivity is the phenomenon of overfishing. Characterized by the excessive extraction of fish beyond their capacity to replenish, overfishing poses a severe threat to coastal areas. This unsustainable practice is rooted in legal ambiguities, conflicts in authority, and the bio-geophysical degradation of resources within coastal zones. The detrimental consequences of overfishing necessitate immediate attention and intervention to preserve coastal ecosystems and secure the livelihoods of those reliant on them. Addressing these challenges, the focus of this research is on preventing the widespread occurrence of overfishing in coastal areas and mitigating the impacts of existing overfishing activities. The primary strategy proposed involves the development of a robust legal framework for the management of coastal areas. Through the establishment of clear legal guidelines, resolution of uncertainties, and mitigation of conflicts in authority, this research aims to lay the groundwork for sustainable and responsible practices in coastal resource management. The research aims to provide valuable insights that contribute to the enhancement of coastal area management, ultimately fostering ecological sustainability and improving the welfare of communities dependent on these vital resources. By delving into the complexities of coastal resource management, this study seeks to enrich the discourse surrounding sustainable practices, thereby facilitating informed decision-making and policy development in the quest for a harmonious coexistence between human communities and coastal ecosystems in Indonesia.</p> Kholis Roisah, Rahayu Rahayu, Arnanda Yusliwidaka, Zaki Mubarok, Ajar Buditama ##submission.copyrightStatement## Wed, 08 Nov 2023 00:00:00 +0700 The Principle of Proportionality in Anti-Pornography Law: Comparing Several Countries <p>The imperative role of anti-pornography laws in shielding the younger generation from the pervasive influence of explicit content is indisputable. Nevertheless, the critique leveled against the formulation of criminal sanctions within the ambit of anti-pornography legislation necessitates a rigorous examination of the principle of proportionality. To elucidate this issue, juridical normative research is paramount, with a particular focus on comparative analyses involving Law No. 44 of 2008 and corresponding anti-pornography statutes in Sweden, the Philippines, Malaysia, and India. The findings derived from this comparative investigation reveal several key insights. Firstly, a nuanced exploration exposes both commonalities and disparities in the patterns underpinning the formulation of anti-pornography statutes across these jurisdictions. Secondly, while there is alignment between the gravity of the offense and the severity of criminal sanctions, a notable deficiency surfaces in the failure to distinguish between first-time offenders and recidivists, thereby falling short of the fundamental principle of proportionality. Furthermore, a critical observation underscores the absence of rehabilitative measures for adult offenders grappling with pornography addiction, presenting a lacuna in the current legislative framework. Lastly, the relative nature of anti-pornography formulations from diverse nations underscores a compelling correlation between the legal stance on criminality and the prevailing moral ethos of the respective societies. This comprehensive analysis serves as a clarion call for a recalibration of anti-pornography legislation, aligning it more closely with the principle of proportionality and accounting for the nuanced considerations in rehabilitating offenders.</p> Sulistyanta Sulistyanta, I Gusti Ayu Ketut Rachmi Handayani, Lego Karjoko, Ravi Danendra ##submission.copyrightStatement## Tue, 14 Nov 2023 00:00:00 +0700 Discretionary Policy Responses in India and Indonesia Amidst the COVID-19 Pandemic: Challenges, Strategies, and the Imperative for Legal Reform <p>This study endeavors to conduct a meticulous analysis and comparison of the discretionary policy frameworks employed by India and Indonesia in response to the challenges posed by the COVID-19 pandemic. The research delineates its focus into two primary dimensions: firstly, an examination of the structure and application of discretionary policies formulated by the central governments of both nations; secondly, an in-depth exploration of the challenges and strategic considerations in the local-level implementation of these policies, aligned with the dynamic nature of the pandemic. Employing a rigorous research methodology, this study entails the systematic analysis of pertinent legal and policy documents, a comprehensive review of existing literature, and a nuanced conceptual and philosophical interpretation of discretionary policies in the context of pandemic management. The findings of this research underscore the distinctive approaches undertaken by India and Indonesia in the implementation of discretionary policies. India adopts a more centralized model, whereas Indonesia pursues a decentralized trajectory. Both nations encounter challenges in inter-governmental coordination, with India grappling with the harmonization of central and state policies, and Indonesia contending with disparities between central and local governance. Furthermore, the research underscores the imperative for both countries to reassess and develop legislative frameworks that are adaptive and dynamic, harmonizing legal rigidity with the requisite flexibility to effectively respond to the rapidly evolving conditions of the pandemic.&nbsp; Crucially, the research emphasizes the necessity for enhanced transparency and accountability within the realm of discretionary policy. Both countries are urged to fortify these elements to cultivate public trust and ensure the efficacious and equitable implementation of policies during the ongoing public health crisis.</p> Iza Rumesten RS, Firman Muntaqo, Saut Parulian Panjaitan, Anna Sergeevna Bugaeva, Mellisa Towadi ##submission.copyrightStatement## Tue, 14 Nov 2023 00:00:00 +0700 Examining the Role of BPJS Employment Indonesia in Ensuring Social Security for Migrant Workers in Hong Kong <p>The 2022 National Social Security Council report reveals that 67.7% of Indonesian Migrant Workers (PMI) abroad are not enrolled in the BPJS Employment program, indicating the ineffectiveness of Republic of Indonesia Ministerial Regulation No. 18 of 2018. While social security is crucial for PMIs, the current regulatory framework falls short in ensuring comprehensive protection. In response, the Indonesian Government amended the regulation in 2023, resulting in Minister of Manpower Regulation No. 4 of 2023, aiming to enhance social security for PMIs. This research assesses the implementation of Minister of Manpower Regulation No. 4 of 2023, focusing on Hong Kong. Employing an empirical juridical approach with primary and secondary data, the study investigates the attitudes of Indonesian Migrant Workers in Hong Kong. The deductive approach is used to draw conclusions, with the study’s respondents being Indonesian Migrant Workers in Hong Kong. Despite the regulatory amendment, the findings reveal limited interest among Indonesian Migrant Workers in Hong Kong to register for government-provided social security. Reluctance stems from conflicting government regulations, as workers prefer employer-provided insurance. Consequently, Indonesian Migrant Workers express a preference for the non-mandatory status of BPJS Employment, hoping to rely on employer-provided insurance without compulsory enrollment.</p> Fithriatus Shalihah, Siti Alviah ##submission.copyrightStatement## Tue, 21 Nov 2023 00:00:00 +0700 Legal Culture and Legal Consciousness of Consumers: The Influence on Regulation and Enforcement of Consumer Protection Laws <p>Consumer protection, vital for those who consume goods and services without the intent of resale, relies on government intervention through regulatory frameworks. These regulations play a pivotal role in shaping consumer behavior, referred to globally as consumer legal culture, influenced by diverse societal backgrounds. The effectiveness of such regulations depends on alignment with consumer values. This article scrutinizes consumer behavior in Indonesia, Spain, and Australia, each characterized by unique cultures impacting consumer conduct and regulatory development. In Indonesia, consumer behavior diverges, displaying a tendency toward weaker self-protection. Despite cultural diversity, consumer awareness of product scrutiny is deficient. Affordability often outweighs safety and quality considerations, reflecting a broader trend. Legal awareness is low due to insufficient education on consumer rights. Weaknesses in consumer protection regulations and inconsistent enforcement contribute to perceptions of inadequate safeguards. Globally, varied social and cultural conditions shape consumer behavior, emphasizing the common challenge of fostering awareness for product safety and quality. The article underscores the need for culturally sensitive approaches in formulating and enforcing consumer protection measures to address diverse challenges. In summary, understanding consumer behavior in distinct cultural contexts is crucial for effective consumer protection, necessitating tailored regulatory strategies to ensure product safety and quality on a global scale.</p> Nurul Fibrianti, Budi Santoso, Ro’fah Setyowati, Yuli Rindyawati ##submission.copyrightStatement## Fri, 24 Nov 2023 00:00:00 +0700 Balancing Civil and Political Rights: Constitutional Court Powers in Indonesia and Austria <p>This study focuses on analyzing the role and challenges faced by the Constitutional Court in upholding political and civil rights in Indonesia and Austria. This research explores various conceptual and comparative aspects of law through normative research methods and delves deeper into how these institutions operate in practice. Analysis shows that the Constitutional Courts in both countries serve as the primary guardians of justice and human rights. However, it must also operate in a complex environment, dealing with social, political, and international challenges. The study found that changes in laws and regulations have significant potential to strengthen the authority and effectiveness of the Constitutional Court. This is reflected in the constitutional evolution in both countries, where legal and regulatory reforms have played an important role in shaping and defining the authority of the Constitutional Court. This study confirms the importance of increasing the capacity and legal knowledge of members of the Constitutional Court, as well as the need for greater understanding and appreciation from the public of this institution's vital role and function. This research contributes to understanding how constitutional institutions can adapt and evolve to meet challenges in enforcing political and civil rights.</p> Askari Razak, Mohamad Hidayat Muhtar, Kevin M. Rivera, Geofani Milthree Saragih ##submission.copyrightStatement## Tue, 12 Dec 2023 00:00:00 +0700