DiH: Jurnal Ilmu Hukum

Geographical Indications and Legal Protections for Indonesian Livestock Products: A Critical Analysis of Policy and Enforcement

Faranita Ratih Listiasari, Wien Kuntari, Dwi Yuni Hastati, Ani Nuraeni — Tue, 10 Dec 2024 02:55:52 +0000

As an agricultural country, Indonesia has considerable potential for livestock products such as meat, eggs, milk, and processed products. Indonesia's biodiversity and vast territory produce livestock products with distinctive characteristics and uniqueness that differ from similar products made in different regions. To protect against counterfeiting of the origin of livestock products, these products are given markers known as Geographical Indications. This study aims to determine the criteria for livestock products to be registered for Geographical Indications and the benefits of protection of these Geographical Indications. The research method used is normative legal research, which analyzes laws, regulations, and other data to answer this research problem. Livestock products registered for Geographical Indications must be proven to have specific characteristics because of the conditions where the livestock products are produced. Climate, latitude, rainfall, and other factors can affect livestock products. The correlation between regional factors and livestock products brings products with specific characteristics that are different from similar products. Livestock products registered with Geographical Indications benefit consumers by avoiding livestock products not produced from the Geographical Indication area. For producers of livestock products, Geographical Indications are a promotional tool that can increase sales of their products. In addition, Geographical Indications help preserve the environment of the area where livestock products are produced so that the products do not change in quality or characteristics.

Rethinking Consumer Legal Remedies for Damaged Goods Under Protection Fees on E-Commerce Platforms: The Shopee Case Study

Ferdiansyah Putra Manggala, Dyah Ochtorina Susanti — Tue, 10 Dec 2024 03:00:43 +0000

Over time, globalization has brought significant advancements in technology, especially in e-commerce. In the past, transactions were carried out offline, but with the advent of e-commerce, transactions can now be done online. One such e-commerce application is Shopee, which originated in Singapore and has expanded to countries such as Indonesia. Shopee has introduced a new feature called protection fees. Protection costs are the costs associated with protecting the buyer in the event of damage, subject to certain terms and conditions. However, the cost of protection has become a concern for consumers because they do not receive the compensation to which they are entitled. The research method used in this study is normative legal research. The results of the study show that legal protection for consumers related to damage claims that are subject to protection fees on the Shopee application can be categorized into two forms: internal legal protection based on agreements and external legal protection based on the Consumer Protection Law and the Insurance Law. Dispute resolution for consumers based on Article 45 of the Consumer Protection Law can be pursued through two methods: non-litigation and litigation. The non-litigation method involves resolving external disputes through the Consumer Dispute Resolution Institution (BPSK) using mediation. If an agreement is not reached, litigation can proceed through legal channels, with consumers filing lawsuits based on breach of contract.

Causality Study of Drunk Driver Traffic Violations on Road Safety

Adik Sukmawati, Achmad Miftah Farid — Tue, 10 Dec 2024 03:27:03 +0000

The purpose of this study is to explore: (1) the causality and impact of traffic violations by drivers under the influence of alcohol in the Wonogiri District Police area; and (2) the implementation of law enforcement against such traffic violations in the same area. The primary focus of this study is to delve deeper into the causality of traffic violations caused by impaired driving due to alcohol, as well as to evaluate the effectiveness of law enforcement measures applied by the police in addressing these violations. The research method used to support this research is juridical empirical, focusing on traffic violations committed by drunk drivers in the Wonogiri District Police jurisdiction, employing a scientific approach and case study method. The results of this study indicate that alcohol consumption impairs driving concentration and increases the risk of accidents due to impaired visual perception, motor skills, heightened adrenaline, and poor road conditions. In 2024, three accidents were reported to be caused by drunk drivers, highlighting the urgent need for stricter enforcement and increased awareness campaigns. While the Wonogiri District Police enforce traffic regulations, challenges like low public awareness, technical constraints, and corruption persist. Policy recommendations include tightening regulations, improving education programs, and implementing more effective measures.

The The Appointment of Active Indonesian National Armed Force as Acting Regional Heads Based on Good Governance Principles

Muhammad Rezky Pratama, Aries Harianto, Fahmi Ramadhan Firdaus — Wed, 11 Dec 2024 21:52:27 +0000

The 2024 Regional Election are the first time simultaneous national Regional Election have been held. As a result, 271 regional head positions are vacant due to the expiration of their term of office. Acting Regional Heads were appointed to fill in temporarily. One of the polemics is that an active Indonesian National Armed Force’s member was appointed as Acting Regent of West Seram. This research is a normative juridical research with statutory, conceptual, and historical approaches. The results showed that the Good Governance Principles has been regulated in Law Number 28 of 1999 concerning Clean and Free State Administration from Corruption, Collusion and Nepotism and Law Number 30 of 2014 concerning Government Administration, which when juxtaposed, there is 1 principle in common, namely the principle of legal certainty. The appointment of active Indonesian National Armed Force as Acting Regional Heads is not by the principle of legal certainty. The appointment contrary to Article 47 paragraph (1) of the Law Number 34 of 2004 concerning the Indonesian National Armed Force as the “lex specialis”. The appointment is also not by the Good Governance Principles construction in Article 10 of the Law 30/2014 because it violates the principle of legal certainty, accuracy, not abusing authority, openness, and good service. It is recommended that the Government in making the appointment of Acting Regional Heads should be guided by the Good Governance Principles and provide opportunities for the people to be involved so becomes more transparent and by democratic values.

Legal Perspectives on Debtor's Responsibility in Fiduciary Guarantee Violations Under the Inbezitstelling Doctrine

Azizah Azizah, Surahmad Surahmad — Mon, 16 Dec 2024 15:19:33 +0000

A fiduciary guarantee is a type of special guarantee based on article 1132 which is included in material guarantees interpreted as absolute rights. In Indonesia, there are cases of default committed by debtors against debtors on fiduciary guarantees. Among the incidents that took place in Indonesia is the case in Decision Number 27/Pdt.G.S/2022/PN SGN. In this case, default occurred because the debtor did not fulfill his obligation to pay installments 3 times and did not hand over the fiduciary guarantee object after defaulting in paying off his debt. The urgency of this research is related to the responsibility of the defaulting debtor and the handover of the fiduciary guarantee object based on the legal principle of guarantees, namely the principle of inbezitstelling. To analyze this case, a qualitative method and a normative juridical approach were used by applying the Case Approach, the Legislation Approach, and the Conceptual Approach. This is because this research is based on doctrine, library sources and analyzes real cases that are related to the law. The creditor's rights are not fulfilled by the debtor based on the principal agreement between the two parties, so that the debtor must fulfill the principal agreement in the form of handing over the fiduciary guarantee object.

Rethinking Regulations: Unlocking the Potential of Small-Scale Public-Private Partnerships in Infrastructure Development

Kurdi Kurdi, Prita Amalia, Yuki M.A Wardhana — Fri, 27 Dec 2024 13:09:24 +0000

Implementation of infrastructure development often faces bureaucratic and funding challenges. To address these issues, the National Development Planning Agency (Bappenas) launched the Small-Scale Public-Private Partnership (PPP) scheme, as regulated by the Minister of National Development Planning/Bappenas Head Regulation No. 7 of 2023. This scheme aims to facilitate and accelerate infrastructure development in regions with limited budgets, such as the street lighting project in Madiun, which uses the Availability Payment scheme. This study employs a normative juridical method with a conceptual and legislative approach to analyze the renewal of regulations governing Small-Scale PPPs. The main focus is on the legal clarity and implementation of this scheme, which still requires refinement. Although the Small-Scale PPP has a legal basis, existing regulations need to be updated to address the various practical and bureaucratic obstacles. The study recommends strengthening the role of the central government in supporting the implementation of Small-Scale PPPs and revising Article 85 of the Minister of National Development Planning/Bappenas Head Regulation No. 7 of 2023 to ensure the effectiveness and efficiency of this scheme's implementation.

Protecting Landowner Rights: Enforcement of Criminal Law Against Land Encroachment in Indonesia

Mon, 30 Dec 2024 02:56:09 +0000

This study comprehensively explores the application of Indonesian positive law in addressing cases of unauthorized land encroachment, specifically focusing on the legal actions taken against individuals who unlawfully occupy land without the owner’s consent. The primary objective of this research is to analyze the legal framework governing land encroachment in Indonesia, as well as to understand the penalties and legal consequences imposed on individuals found guilty of such acts. Employing a normative legal research method, this study conducts an extensive literature review of relevant legal articles, focusing on Law No. 5/1960 and the Indonesian Criminal Code. Three central research questions guide this investigation: first, the legal definition and classification of land encroachment as outlined in Indonesian positive law; second, the scope and nature of criminal sanctions applicable to those found guilty of unauthorized occupation or trespass on another person’s property; and third, the specific mechanisms and processes for law enforcement, including administrative and judicial procedures, used to address and mitigate instances of land encroachment in Indonesia. Through this study, we aim to provide a clearer understanding of how existing legal provisions are enforced to protect landowners' rights and maintain public order in relation to land ownership and use. This research also seeks to contribute to the broader discourse on land rights and legal protections in Indonesia, shedding light on potential areas for policy enhancement to ensure effective legal recourse for land encroachment cases.

An Analysis of the Deli Serdang MUI's Opinion on the Support of a Husband of a Singer Who Dresses as a Woman

Agita Aidillah Barus, Sudirman Suparmin — Thu, 23 Jan 2025 02:27:37 +0000

This research aims to find out the facts and reasons/factors for providing support by husbands who work as singers who resemble women. Also to find out the Deli Serdang MUI's view of the legal status of alimony provided by husbands who work as singers in Patumbak District. In the context of income for family support, a Muslim needs to choose a job or business that does not conflict with religious principles. However, some husbands choose to do work that is involved in things that Allah hates. For one reason of economic livelihood, some men choose to imitate the appearance of women in the world of entertainment because they believe this will increase their appeal to audiences, especially in entertainment genres that emphasize visual appearance. Thus, it is important to know the legal status of the income generated from this work. The method used is empirical legal research with a qualitative approach. The primary data source is from an in-depth interview (Deep Interview) with the Indonesian Ulema Council (MUI Deli Serdang Regency) and her husband who works as a singer dressed as a woman to earn a living in Patumbak sub-district, Deli Serdang district. Research findings show that the factors that cause husbands to choose to work as singers who dress like women are economic reasons and the lack of work with sufficient salary to meet the family's needs. Legal Status: The livelihood provided by the process of obtaining it violates the law, so the results are haram. His work is haram and the results are haram, so the legal status of the income he provides to his family is haram, just like we give shopping to our parents' children and wives in an unlawful way.

The Legal Imperative of Bawaslu's Oversight in Enforcing Verdict Compliance

Pebby Pratiwi Nadeak, Sultoni Fikri, Imranullah Akhtar — Thu, 23 Jan 2025 13:37:27 +0000

Election is a democratic means to elect leaders and representatives of the people, where Bawaslu has a strategic role as an election supervisory institution. Bawaslu is tasked with ensuring that each stage of the election is in accordance with laws and regulations, with the legal basis listed in Law No. 7 of 2017. As a quasi-judicial institution, Bawaslu has the authority to issue decisions that are final and binding. However, in practice, the implementation of follow-up to Bawaslu decisions often faces challenges, such as disobedience or suboptimal implementation by the KPU and related parties. This study aims to examine the urgency of legal certainty in supervising the implementation of Bawaslu decisions and to determine the ideal model of supervision to fulfill the principle of legal certainty. The method used is normative juridical with a legislative approach, with primary and secondary data sources. The results of the study show that there is a legal vacuum that hinders the optimal implementation of the decision. Therefore, this study emphasizes the urgency of an integrated supervision model with strict evaluation and sanction mechanisms, which can increase compliance with Bawaslu decisions and ensure the implementation of elections in accordance with legal provisions.

Integrating Customary Criminal Sanctions in The Resolution of Domestic Violence in Maluku

Julianus Edwin Latupeirissa, Anna Maria Salamor — Fri, 24 Jan 2025 01:57:06 +0000

This study aims to examine the existence of customary criminal sanctions in resolving domestic violence (DV) cases in Maluku, particularly in the West Seram Regency. The research employs an empirical approach with a socio-legal model, combining the analysis of primary field data with a review of relevant legal literature. The high prevalence of domestic violence in Maluku, which continues to rise annually, raises significant concerns within society. This phenomenon not only affects victims physically and psychologically but also exacerbates social stigma against women and children who experience violence. Patriarchal culture in Indonesia reinforces gender inequality, where men are often viewed as dominant, normalizing violence against women in some instances. Additionally, victims' economic dependence on perpetrators further aggravates their situations. In Maluku, customary law plays a crucial role in community life, including in addressing domestic conflicts. However, the dominance of national criminal law, introduced during the colonial era, has marginalized the role of customary law. Despite this, in certain areas, such as West Seram Regency, customary criminal sanctions continue to be utilized for resolving domestic violence cases. The findings reveal that some customary communities in Maluku still practice traditional mechanisms to resolve DV cases. These mechanisms involve imposing customary sanctions, such as property compensation or community labor, aimed at restoring social and cosmic balance. While these practices are widely accepted within customary communities, they have limitations in addressing justice and trauma recovery for victims. The approach often emphasizes material resolutions without adequately addressing the psychological and social rehabilitation of victims.

Ensuring Fairness in Land Acquisition for Public Road Construction: A Case Study of Badung Regency

I Made Alit Putra Dharmawan, Putu Ayu Sriasih Wesna, I Wayan Kartika Jaya Utama — Fri, 24 Jan 2025 02:10:26 +0000

Land acquisition problems in public interest development raise various psychosocial problems in the community so psychosocial aspects must be taken into account along with the role of independent assessment experts and procurement management needed so that the community can receive compensation from the release of their land. The purpose of the author's analysis is related to the land implementation acquisition in Badung Regency and how to resolve land acquisition rejection disputes in Badung Regency. The author uses an empirical legal research method that has a function in showing the real law that exists in people's lives. The results of the study are on land acquisition for public interest for road construction in Badung Regency using the Land Acquisition Procedures and Procedures in accordance with Law Number 2 of 2012, where Badung Regency, especially the Public Works and Spatial Planning Agency of Badung Regency, Highways Sector as an Agency that requires land on a Small Scale, submits a Work Plan that is in accordance with the Badung Regency Medium-Term Development Plan and the existence of land acquisition and rejecting the compensation value has the right to reject land acquisition by filing an objection to the legal institution, namely the State Administrative Court and the District Court in the rejection, in resolving the rejection dispute, Badung Regency in resolving the dispute by means of Litigation and Non-Litigation.

The Authority of Regency/City Governments in Control of Alcoholic Beverage Sales

Syofyan Hadi — Fri, 24 Jan 2025 13:30:15 +0000

The purpose of this research is to analyze the authority of the Regency/City Government in controlling the sale of alcoholic beverages. This research is a normative legal research using a statutory approach and a conceptual approach. Primary legal materials were collected by inventorying and categorizing laws and regulations, while secondary legal materials were collected through literature studies. Legal materials were analyzed using normative analysis. The results of the study found that the Regency/City Government is given attribution authority to control the sale of alcoholic beverages in the form of (1) Authority to provide SIUP-MB class B and C for retailers and direct sellers of drinks on the spot and (2) Authority to determine certain places that are permitted or restricted or prohibited from selling and distributing alcoholic beverages in accordance with regional characteristics in accordance with the provisions of Article 12 paragraph (3) of Law No. 23 of 2024 and its Attachments, Article 7 of Presidential Regulation No. 74 of 2013, and Article 28 of Minister of Trade Regulation No. 20 of 2014. To implement this authority, the Regency/City Government needs to form Regional Regulations and Regional Head Regulations to provide legal certainty for the implementation of alcoholic beverage sales businesses and legal protection for the community in the region