Mimbar Keadilan

The Ideal Concept of Requirements for Ad Hoc Human Rights Judges at the Supreme Court to Achieve Justice

Ananda Chrisna D. Panjaitan — Sat, 14 Dec 2024 14:58:14 +0000

Resolving severe human rights abuses in Indonesia requires serious efforts. One significant case, the human rights abuses in Paniai, remains unresolved and has not yet found justice. After the accused was acquitted, the Attorney General filed an appeal to the Supreme Court. However, the cassation process has not proceeded due to the absence of ad hoc human rights judges at the Supreme Court. The stringent requirements for ad hoc judges at the Supreme Court level serve as a barrier to attracting competent candidates. This study employs normative legal research methodology, utilizing both legislative and case approaches. The findings indicate that there is a need to amend the administrative requirements outlined in Paragraph 4, clauses (d) and (e), which pertain to the age and experience of prospective ad hoc judges. These requirements hinder qualified candidates, particularly those with expertise in severe human rights abuses, from applying. The inefficiency and ineffectiveness of these administrative criteria contribute to delays in resolving such cases. The study advocates for revising the age and experience requirements, emphasizing that the critical factor in resolving severe human rights abuses is the ad hoc judges' knowledge of victim rehabilitation and the imposition of appropriate penalties on perpetrators. Revising these requirements is essential to expedite the resolution of severe human rights abuses and to ensure a more effective judicial process.

Designating Prisoners as Justice Collaborators in the Pursuit of Justice

Fariz Dyza Suryanegara, Erny Herlin Setyorini — Sat, 14 Dec 2024 15:11:12 +0000

This research studies is the authority of the prosecutor's office in determining prisoners as justice collaborators. This research is research with a normative juridical type, statutory approach, conceptual and comparative approach, as well as deductive legal material analysis techniques to analyze the types and sources of primary and secondary legal materials. The aim of this research is to analyze the urgency of the Republic of Indonesia Prosecutor's authority in determining justice collaborator status for prisoners and its concept. The research results reveals that this concept of regulating the authority of the Republic of Indonesia Prosecutor's Office in determining justice collaborator status for convicts is in the form of a concept. First, the concept of regulating the designation of prisoners as justice collaborators based on Law No. 8 of 1981 concerning Criminal Procedure Law. Second, the designation of convicts as justice collaborators with a benefit orientation as a legal goal. Third, the concept of determining prisoners as justice collaborators is oriented towards justice as a legal goal. From these several concepts, the author urges the immediate formulation of legislative regulations in Indonesia to fill the legal vacuum in determining prisoners as justice collaborators, especially the Indonesian Attorney General's Office and the Indonesian DPR to make changes (revisions) to Law No. 31 of 2014 concerning Amendments to Law No. 13 of 2006 concerning Witness and Victim Protection. Also, the DPR RI also changed Law No. 11 of 2021 concerning Amendments to Law No. 16 of 2004 concerning the Indonesian Attorney General's Office by increasing the authority of the Prosecutor in determining justice collaborators for prisoners in this law.

Ecological Justice: Optimizing Financing for the Transition to New and Renewable Energy Through Green Financing

Dwi Elok Indriastuti, Nur Hidayatul Fithri, Farina Gandryani — Sun, 15 Dec 2024 10:22:59 +0000

The transition to renewable energy became a current issue following the drafting of the New and Renewable Energy Bill. One problem with this transition is related to funding, which requires large funds, making it not possible to depend on funds derived from the state budget. Therefore, this article will analyze the optimization of funding from the private sector through green financing schemes. This is normative research through statute, conceptual and comparative approaches. The results show that reflecting on the implementation of green financing in China and South Africa, the formulation of Articles in the Draft Bill on Renewable Energy should explicitly mention green financing instruments such as green bonds and green sukuk as one of the sources of funding for the transition. The Draft Bill must also involve elements from the Financial Services Authority in its technical implementation. Moreover, the Financial Services Authority has issued POJK Number 18 of 2023 which can be linked to other funding sources for the transition to renewable energy.

Election Omnibus: Efforts to Realize Legal Certainty in General Elections in Indonesia

Baharuddin Riqiey, Miftaqul Janah — Mon, 16 Dec 2024 07:44:28 +0000

Constitutional Court Decision Number 85/PUU-XX/2022 explicitly states that there is no longer any difference between the Election regime and the Regional Election regime. This decision, in addition to providing legal certainty regarding which institution is authorized to resolve disputes over the results of the Regional Election, on the one hand also creates legal uncertainty itself. The legal uncertainty is regarding the extent to which the Regional Election regime is merged into the Election regime as stated in the decision, whether it is only limited to the principles of implementation and institutions authorized to resolve disputes over results or all of them. On that basis, this study aims to examine and analyze the urgency of forming an omnibus Election law in order to realize legal certainty for Elections in Indonesia. This research is a legal research using a statutory approach, conceptual approach, and case approach. The results of this study indicate that the meaning of merging the Regional Election regime into the Election regime must be interpreted as a whole. Starting from the organizing institution, the principles of implementation, to the institution authorized to resolve disputes over results. So, it is important to form what is called an omnibus Election law. This is because to realize legal certainty; To implement Constitutional Court Decision Number 85/PUU-XX/2022; and To realize a meaningful election.

Human Rights Implications of Tax Validation Policies on Land and Building Sales: A Social Justice Perspective

Lilik Warsito — Tue, 24 Dec 2024 01:41:20 +0000

One of the taxable objects is the transfer of rights over land and/or buildings. Land and buildings gain value as they can be transferred from their owners to others who desire them. The taxable object of the transfer of rights over land and/or buildings is subject to taxes from both the seller and the buyer. The seller is subject to income tax (PPh), while the buyer is subject to a tax in the form of a duty on the acquisition of rights over land and buildings (BPHTB). The taxable object of the duty on the acquisition of rights over land and buildings includes land, buildings, as well as land and buildings. This analysis examines land procurement from a Human Rights perspective. The fundamental values of Human Rights should underlie development, as there is a close connection between development and Human Rights. The quality of life of the affected community must be improved or at least remain the same as before the land acquisition. Land procurement activities should also accommodate the protection of the rights and interests of the community, including the right to receive welfare guarantees so that they do not become poorer than before their land was acquired. The principles of taxation that are universally recognized, namely justice, convenience, and administrative efficiency, as well as the enhancement and optimization of state revenue, should be upheld while maintaining self-assessment.

Religious Holiday Allowance as a Form of Justice for Casual Workers in Indonesia

I Putu Sukadana, Wiwik Afifah — Mon, 30 Dec 2024 12:13:35 +0000

Wage regulations are designed with the main objective of protecting the welfare of workers and providing a sense of justice for all workers. One form of wage that is a right for workers in Indonesia is the provision of Religious Holiday Allowance as non-wage income. The implementation of the provision of Religious Holiday Allowance has several problems such as being underpaid, not paid, paid late, and paid in installments as much as possible. In addition, there are also gaps and legal issues for casual workers with work intensity below 21 working days in a month and who have worked for more than 3 consecutive months, so they do not get Religious Holiday Allowance. The purpose of writing this journal is to analyze the regulation of the provision of Religious Holiday Allowance to casual workers under existing positive laws in Indonesia. The writing of this journal uses the normative juridical method through conceptual and statutory approaches. Based on the analysis that has been done, it shows that the Religious Holiday Allowance for casual workers who work with a working period of more than or less than 12 months and or work not full for 21 working days in a month, can cause legal problems due to unclear calculations so that the impact is not paid Religious Holiday Allowance. The sanctions for employers who do not pay Religious Holiday Allowance on time are fines and administrative sanctions. However, many casual workers do not settle the dispute, both litigation and non-litigation, due to the need for work in addition to the unequal position in the employment agreement.

Fairness in Re-Election: Examining Resignation Rules for Public Officials Through the Lens of Equality Before the Law

Nurma Chrismawantika — Thu, 23 Jan 2025 03:26:52 +0000

The principle of equality before the law, which is the foundation of the country's legal system as stated in Article 27 paragraph (1) of the 1945 Constitution of the Republic of Indonesia, emphasizes that all citizens have an identical position in the realm of law and government without any exceptions. However, the regulation of the Resignation of Public Officials who intend to run for re-election to public office shows variations among the various existing constitutional regulations. This disparity of rules has the potential to create unequal treatment of Public Officials, which substantively violates the principle of equality before the law mandated by the 1945 Constitution of the Republic of Indonesia. This study aims to identify and analyze the suitability of Resignation arrangements for Public Officials who will run for re-election to public office according to the perspective of equality before the law in the Constitution. This research is a normative juridical study with a statutory analysis approach, conceptual approach, and case study approach to explore legal concepts and provide comprehensive juridical prescriptions. Based on the research findings, the implementation of the law related to the Resignation of Public Officials who are running for office is still not fully in line with the principle of equality before the law, so that regulatory reconstruction is needed to create equality before the law for all potential Public Officials.

Upholding the Rights of Persons with Disabilities Through the Difference Principle

Miftakhul Shodikin, Syofyan Hadi — Sun, 26 Jan 2025 03:18:01 +0000

The right to work is a right for every citizen to earn a decent living for humanity. However, injustice is still often felt by people with disabilities who often face challenges in accessing this right. The difference principle asserts that inequality is only acceptable if it provides the greatest benefit to the most disadvantaged. This principle is an appropriate analytical tool to evaluate how employment policies in Indonesia have succeeded in minimizing the inequalities faced by persons with disabilities. Therefore, this research aims to explain the difference principle prioritizes the well-being of those who are most disadvantaged or marginalized. This study aims to analyze the legal issues through a normative legal lens, incorporating both statutory and conceptual analysis. Through normative analysis and deductive reasoning, the result of this research is that the regulation of the right to work for persons with disabilities is not yet optimal in accordance with the difference principle. Such as special quota policies that are not accompanied by strict sanctions, training, and job fairs that are still general and have yet to fully meet the unique requirements of individuals with disabilities. The inclusive recruitment process, which should be a must, is a phrase in the article that regulates the possibility (optional) instead of an obligation (mandatory). Meanwhile, the limited authority of the Disability Service Unit (ULD) in the employment sector and the weak institutional structure of the National Commission on Disability (KND), which is far from independent, include the barriers that individuals with disabilities encounter in accessing their right to employment.

The Legal Liability of Beauty Clinics in Achieving Justice for Consumers

Yuyut Prayuti, Yeni Arini, Yendi Risdiana — Fri, 31 Jan 2025 01:37:00 +0000

Beauty clinics have become an integral part of modern lifestyles, offering aesthetic solutions to enhance self-confidence. However, alongside their popularity, several challenges have emerged, including health risks stemming from hazardous chemicals, malpractice, and inadequate professional competence. Widespread consumerism often overlooks safety aspects, driven by media-induced unrealistic beauty standards. In this context, legal protection for consumers utilizing beauty clinic services is of paramount importance. This study aims to analyze the legal liability of beauty clinics in safeguarding consumer rights, focusing on the application of justice principles. These principles encompass distributive justice, which demands equitable access to services without discrimination, and procedural justice, which ensures transparency and active consumer participation in medical decision-making. Employing a normative juridical method. The findings reveal that, despite existing regulations outlining the obligations of service providers, numerous beauty clinics fail to adhere to established standards. Consumers often suffer harm due to unsafe procedures or the use of unregulated beauty products. In such instances, the BPSK offers an effective mechanism for dispute resolution, providing mediation, conciliation, and arbitration services characterized by low costs and simplified procedures. From the perspective of justice, ensuring that all consumers have equal rights to clear information and safe services is imperative. Furthermore, strengthening consumer involvement in medical decision-making processes is critical to avoiding the dominance of paternalistic relationships between healthcare providers and patients. By enforcing robust legal protections and adopting a holistic approach to justice, consumer protection in beauty clinic services can be significantly enhanced. This would not only mitigate potential harm but also foster a more balanced relationship between consumers and service providers.

Reviving House of National Representatives Power: A Normative Analysis Through the Lens of Fiqh Siyasah Dusturiyah

Ari Priyanto, M. Yasin Al arif, Liky Faizal, Anis Sofiana — Fri, 31 Jan 2025 09:31:42 +0000

This research aims to strengthen the institution of the House of National Representatives (DPD) in the national legislation programme, to be more representative in accommodating national aspirations. Through a normative juridical approach and analysis of Siyasah duturiyah, this research examines the principles of justice, deliberation, and participation under the values of Sharia in public policy making. This research is normative juridical research by collecting primary and secondary legal materials relevant to the research utilizing a statutory approach and conceptual approach in both positive law and siyasah duturiyah. The results found that to strengthen the control and development of DPD in the national legislation, it is necessary to amend the 1945 Fundamental law of the Republic of Indonesia, revise the Law No. 17/2014, revise the Law No. 27/2009, separate arrangements regarding the assignment and functions of DPD, adopt a strong bicameral system and likely bicameral. The impact is hoped to enrich the study in the field of Fiqh Siyasah and Fundamental law, especially in the context of developing a more inclusive legislative system under the framework of the Unitary Republic of Indonesia.

Restorative Justice in Narcotics Crimes Investigation: Implementation, Challenges and Obstacles

Tri Imam Munandar, Elizabeth Siregar, Dessy Rakhmawati, Zulham Adamy — Wed, 19 Feb 2025 04:05:21 +0000

This article aims to analyse the application of Restorative Justice in investigating narcotics crimes in the Jambi Police Jurisdiction and the obstacles encountered. The approach of restorative justice in the investigation of narcotics crimes in Indonesia is becoming increasingly popular, specifically in the context of handling addicts and victims of narcotics abuse to restore the conditions before the crime occurred, with a focus on rehabilitation and restoration of the relationship between perpetrators and victims (victimless). As empirical juridical research, this article refers to observing the operation of law in society. The results of this study indicate that the application of restorative justice for narcotic abusers must be carried out by referring to the criteria established in the National Police Regulation (Perkapolri) No. 8 of 2021 at the request of the family concerned, followed by an assessment of the perpetrator. However, there are impediments to implementing Restorative Justice, such as a lack of human resources with specific competencies and qualifications, as well as a lack of facilities for narcotics law enforcement at the Jambi Police Narcotics Unit. Therefore, considering that the application of Restorative Justice is time-limited, intense cooperation is needed for all parties who conduct assessments related to scheduling and human resources so that the application of restorative justice can be carried out in time. Furthermore, the Jambi Police Narcotics Unit's support facilities for law enforcement of narcotics crimes must be enhanced further to facilitate the realization of restorative justice.