The concept of internet rights policy in Indonesia: A comparison from United States, European Union and Malaysia
The regulatory framework related to internet access is one of the criteria that influences a country’s level of digital competitiveness. Valuable lessons need to be learned from countries that have a better level of digital competitiveness than Indonesia. This article proposes a concept for regulating internet access rights in Indonesia in the era of digital transformation to increase Indonesia's digital competitiveness. Research methods used are analytic normatiques with a normative- based approach that USES secondary data sources of legislation, legal theories, principles of law and opinions by scholars. Research shows that there is a correlation between the framework's regulatory levels as a sub-grading factor with a country's final digital competitiveness rating so that a legal certainty can determine a country's digital competitiveness level. Indonesia has, to date, almost no certainty of the law. In contrast with countries in the United States, the European Union, and Malaysia, which already have clear, unequivocal legislation and regulation that govern Internet privileges.
- Research Article
- 10.22363/2313-2329-2023-31-4-687-699
- Dec 15, 2023
- RUDN Journal of Economics
National economy digitalization is a powerful economic growth engine and one of the key areas for developing and maintaining the competitiveness of the state. Digital economy potential lies in accelerating the pace of economic development of enterprises, industries, regions and countries, and in improving in living standards. Under the conditions of digitalization, a tool for assessing the pace of economic system development at the country, region, industry and enterprise level becomes a source of competitive advantages. Therefore, the relevance of the study is evident. The purpose of the study is to develop tools for studying digital development rates at country and region level. The database of the study was represented by the proceeding of well-known foreign and Russian scientists and statistical data on the main indices of the US and Chinese stock markets. The methodological base was represented by the ISPI (Information System Portfolio Investor) digital model. The effectiveness of the obtained results was verified using the PRM (Profitability-Risk model) tool. The result of the study was an analysis of digital development rates at the country level by the case of the United States and China. The analysis was based on the calculation of the main parameters of the portfolio theory: expected return, risk level, return-to-risk ratio. Scatterplots were constructed for the main US and Chinese stock market indices based on the fitted data. They show the mutual distribution of groups of main indices and allow to determine the most promising areas for investment, including digital development. The findings confirm the possibility of using the proposed tools to determine the most attractive sectors for investment in the world stock markets and countries, and/or countries and regions that need investment for their development, including digital one. The introduction of the proposed tools into practice at the enterprise, industry, region and country level will contribute to the further development of the digitalization in all aspects of society at the enterprise, industry, region and country level.
- Research Article
- 10.55299/jsh.v1i3.387
- Apr 30, 2023
- Jurnal Smart Hukum (JSH)
The article discusses law enforcement regarding human rights in Indonesia which is based on law number 39 of 1999. The author chose this title because until now law enforcement, especially related to human rights in Indonesia, is still not optimal, mainly because until now Indonesia is still in a transition zone which is still colored by legal uncertainty. The main issues in this article are: how is the application of law to human rights violations, which institution tries human rights violators, what means of settlement are used in cases of human rights violations in Indonesia, and what are the principles of Islamic law regarding human rights. In conclusion, human rights (HAM) are the basic rights possessed by humans in accordance with their work. Where every individual has his desire so that his Human Rights can be fulfilled. The human rights (HAM) of each individual are limited by the human rights of others. In Islam , Islam first pays attention to human rights (HAM). The emergence of violations of Human Rights (HAM) values, is motivated by an egoism which is concerned with personal or national interests, resulting in underestimating the values of Human Rights or other nations, resulting in a form of oppression or slavery in another form. In a state, human rights (HAM) are regulated and protected by the laws of the Republic of Indonesia, in which every form of violation of human rights (HAM) whether committed by a person, group, or tried in the implementation of human rights (HAM) trials . The Human Rights Court (HAM) takes court proceedings through the Human Rights court procedural law, as contained in the Law on Human Rights (HAM) courts. The concept of Human Rights (HAM) can be seen from two sides, including the western and eastern views.
- Research Article
- 10.7256/2454-0595.2025.5.76420
- May 1, 2025
- Административное и муниципальное право
The subject of the research is the methodological foundations for constructing a system of principles of administrative law. The object of the research is the system of principles of administrative law in the Russian Federation and doctrinal approaches to its understanding. The study focuses on the theoretical and methodological deficiencies of modern domestic and foreign approaches to the systematization of these principles. A critical analysis of existing models (A.V. Dolzhikova, K.V. Davydov) was conducted, revealing their methodological shortcomings, the main one being the blending of legal and managerial elements. A central aspect of the subject is the development and justification of an integral hierarchical model of the system of principles aimed at overcoming the identified methodological problems and establishing clear boundaries between principles of law and principles of the organization of executive power. Key questions considered include: methodological shortcomings of approaches to the systematization of principles; criteria for distinguishing between principles of law and principles of state administration; construction of a hierarchical model that ensures a balance between the effectiveness of governance and the guarantees of personal rights. The methodological foundation of the research consists of general scientific and specialized scientific methods. A systemic-structural approach was used as the general theoretical framework. At the level of specialized scientific methodology, comparative-legal and formal-legal methods were applied. The use of logical methods (analysis, synthesis) allowed for a critical analysis of doctrinal approaches and the construction of a hierarchical model of principles of administrative law. The scientific novelty of the research lies in the development of an integral three-level model of the system of principles of administrative law. The practical significance of the model was confirmed by the example of license revocation by Rosalkogolregulirovanie: the application of the author's model of the system of principles of administrative law revealed a violation of the principle of proportionality when the authority did not consider less restrictive alternatives. A special contribution of the author is not only a clear distinction between the principles of administrative law and the principles of the organization of executive power, but also the creation of a working tool for judicial review. The composition of principles at each level is detailed: general legal (priority of human rights, justice), inter-sectoral (transparency, adversarial nature), and sectoral (legal certainty, proportionality). The proposed model adequately reflects the dualistic nature of administrative law; performs restricting and structuring functions regarding public administration; can be applied in legislative and law enforcement activities, as well as in scientific and pedagogical work to improve administrative legislation and strengthen guarantees of personal rights.
- Research Article
- 10.59024/atmosfer.v2i3.882
- Jun 13, 2024
- Atmosfer: Jurnal Pendidikan, Bahasa, Sastra, Seni, Budaya, dan Sosial Humaniora
The 1998-2003 National Human Rights Action Draft (RANHAM) was an initiative of the Indonesian government that was launched after a period of political reform in 1998. This RANHAM aims to strengthen the protection and promotion of human rights in post-New Order Indonesia. Some of the main points in the RANHAM include community empowerment, legal reform, eradication of torture, protection of women's and children's rights, and strengthening human rights protection institutions such as Komnas HAM. RANHAM 1998-2003 is part of a broader effort to change the human rights paradigm in Indonesia after the authoritarian era. However, its implementation has not always gone smoothly, and challenges remain in the advancement of human rights in post-Reformasi Indonesia. This paper aims to analyze how the realization of RANHAM 1998-2003 and as a projection in the implementation of RANHAM today to be in accordance with what has been conceptualized from the beginning about RANHAM. The research method used in this paper is a qualitative descriptive research method which is to explain thoroughly about the problem by describing it. The data used in this writing comes from official documents, government evaluation reports and reports of human rights institutions that are collected and analyzed to then be described. In fact, it can be concluded that the RANHAM aims to strengthen the protection and promotion of human rights in Indonesia after the New Order period.
- Research Article
1
- 10.58812/wslhr.v2i04.1241
- Aug 29, 2024
- West Science Law and Human Rights
The establishment of legal certainty is one of the goals of land registration. Both Article 19 of the UUPA and Article 3 of Government Regulation No. 24 of 1997 on Land Registration support this. Both methodical and haphazard land registration may lead to legal certainty in the form of certificates. Initiated in 2016, the Complete Systematic Land Registration Program is still running. The Impact of Complete Systematic Land Registration Implementation on Legal Certainty in the Registration of Property Rights in Indonesia is the title of this study. The purpose of this study is to look at how Complete Systematic Land Registration could affect Indonesia's property rights registration system's legal certainty. Normative legal research employing secondary data is what this work does. According to a 2024 study, the National Land Agency, the government, saw both good and negative effects from the implementation of Complete Systematic Land Registration, in addition to benefits for participating landowners.
- Research Article
- 10.20885/iustum.vol32.iss1.art9
- Jan 31, 2025
- Jurnal Hukum IUS QUIA IUSTUM
Air passenger right is a crucial aspect of modern aviation law, ensuring the protection of passengers and promoting accountability among air carriers. This research examines the legal framework governing air passenger rights in Indonesia and Madagascar, comparing them to international standards such as the Montreal Convention of 1999 and Core Principles on Consumer Protections of ICAO and IATA. The research method is comparative law method, complemented with normative and conceptual approaches, using secondary data analysed qualitatively to obtain a deductive analysis. While both countries have regulations protecting passenger interests and outlining carrier obligations, Indonesia demonstrates stronger compliance, particularly in compensation provisions and enforcement mechanisms, whereas Madagascar lacks fixed compensation rules and explicit protections for passengers with disabilities. Through a detailed analysis of relevant laws and regulations, this research highlights where national laws fall short of global norms, emphasising the need for greater alignment with international standards to ensure consistency and accountability in air travel. Recommendations include revising Madagascar’s legal framework to introduce fixed compensation rules, establish clear complaint-handling procedures, and incorporate explicit protections for passengers with disabilities. For both countries, strengthening enforcement mechanisms and adopting mandatory insurance requirements would improve passenger protection, legal certainty, and alignment with international standards.Keywords: Air Passenger Rights, Indonesia, International Air Law, Madagascar AbstrakHak penumpang pesawat merupakan aspek penting dari hukum penerbangan kontemporer, yang menjamin perlindungan penumpang dan mendorong akuntabilitas maskapai penerbangan. Penelitian ini mengkaji kerangka hukum nasional yang mengatur hak penumpang pesawat yang berlaku di Indonesia dan Madagaskar, dan membandingkannya dengan standar internasional seperti Konvensi Montreal tahun 1999 dan Prinsip Utama tentang Perlindungan Konsumen ICAO dan IATA. Metode penelitian yang digunakan adalah metode hukum komparatif, dilengkapi dengan pendekatan normatif dan konseptual, menggunakan data sekunder yang dianalisis secara kualitatif untuk memperoleh analisis deduktif. Meskipun kedua negara memiliki peraturan yang melindungi kepentingan penumpang dan menguraikan kewajiban maskapai, Indonesia di satu sisi, menunjukkan kepatuhan yang lebih kuat, khususnya dalam ketentuan kompensasi dan mekanisme penegakan hukum; sedangkan Madagaskar di sisi lain tidak memiliki aturan kompensasi tetap dan perlindungan eksplisit bagi penumpang penyandang disabilitas. Melalui analisis terperinci terhadap undang-undang dan peraturan yang relevan, penelitian ini menyoroti di mana undang-undang nasional tidak memenuhi norma global, yang menekankan perlunya penyelarasan yang lebih baik dengan standar internasional untuk memastikan konsistensi dan akuntabilitas dalam perjalanan udara. Rekomendasi yang diberikan meliputi revisi kerangka hukum Madagaskar untuk memperkenalkan aturan kompensasi tetap, menetapkan prosedur penanganan pengaduan yang jelas, dan memasukkan perlindungan eksplisit bagi penumpang penyandang disabilitas. Bagi kedua negara, penguatan mekanisme penegakan hukum dan penerapan persyaratan asuransi wajib akan meningkatkan perlindungan penumpang, kepastian hukum, dan keselarasan dengan standar internasional.Kata Kunci: Hak Penumpang Udara, Indonesia, Hukum Udara Internasional, Madagaskar
- Research Article
11
- 10.13165/jur-14-21-1-10
- Jan 1, 2014
- Jurisprudence
The principle of legal certainty is a general principle of law. It takes its origin from Ancient Greece and Rome. Greeks used legal certainty as a main criterion for just legislation, but Romans understood it as a requirement for judicial activities. Modern requirements of the legal certainty principle have the same spheres of usage – legislative and judiciary. The main of them are the following: restrictions must be provided for a specific legal act, which is public, predictable and general, clearly formulated, has legitimate public interest; clear division of powers and responsibilities; enforcement must be unique and predictable. Nowadays, legal certainty is a generally recognized democratic value that is part of the European common heritage. The European Court of Human Rights has a great influence on the legal certainty formation. It has stable practice of using the legal certainty principle in different spheres. The ECHR has developed legal certainty to the level that it has now. Legal certainty begins to penetrate into the Ukrainian legal system. Nowadays, this process is very slow and developed only by the scholars and the Constitutional Court of Ukraine. From the other hand, uprising of the rule of law and other fundamental principles of law application is moving in a positive way. This positive tendency could be found not only in constitutional law, but also in different branches of law, such as land law. The Constitutional Court of Ukraine tries to use the concept of “living instrument” that was established by the ECHR in Tyrer v. The United Kingdom case. The majority of legal certainty requirements in land sphere are connected to the legislative usage. Predictability of the acts and legislative policy is the most problematic aspect of the legal certainty implementation in Ukraine.
- Research Article
171
- 10.1016/j.jpainsymman.2013.03.015
- Jul 17, 2013
- Journal of Pain and Symptom Management
Adequacy of Opioid Analgesic Consumption at Country, Global, and Regional Levels in 2010, Its Relationship With Development Level, and Changes Compared With 2006
- Book Chapter
3
- 10.4337/9781849802048.00020
- Jul 30, 2010
Human rights' limitations in patent law
- Research Article
2
- 10.22437/mendapo.v5i2.31837
- Jun 10, 2024
- Mendapo: Journal of Administrative Law
In the context of labor regulation reform in Indonesia, the Job Creation Law emerged as a government effort to increase economic efficiency and industrial competitiveness, but received mixed responses regarding its impact on workers' welfare and rights. This research aims to critically analyze and evaluate the real influence of the implementation of the Job Creation Law on working conditions, welfare and protection of workers' rights in Indonesia. The purpose of writing this journal is to evaluate in depth the impact of the Job Creation Law on the welfare and fulfillment of workers' rights in Indonesia in the context of changing labor laws. This research method uses a descriptive qualitative approach, by collecting data through in-depth interviews, document studies, and comparative analysis of similar cases in other countries, to assess the impact of the Job Creation Law on the welfare and rights of workers in Indonesia. The main results of this research show that the Job Creation Law brought about significant changes in labor regulations in Indonesia, but its impact on workers' welfare and rights tends to vary, with some aspects seeing improvements in efficiency and flexibility, while other aspects raise concerns about worker protection and work standards. In particular, this research identifies an increase in companies' operational flexibility, but also highlights the need to strengthen worker protection mechanisms to ensure a balance between business flexibility and worker well-being. The main conclusion from this research is that the Job Creation Law has had a complex impact on the employment environment in Indonesia, where there has been increased efficiency and flexibility for employers, but has also raised challenges and the need for increased protection for workers' rights. Therefore, further policy adjustments and developments are needed to ensure a balance between economic growth and worker welfare, as well as the fulfillment of fair and sustainable work standards. effective in making decisions. Writing this journal contributes to providing an objective view and in-depth analysis of the effects of the Job Creation Law, which has the potential to guide policy makers, legal practitioners and industry players in formulating more effective and sustainable strategies to balance economic interests and workers' rights in Indonesia .
- Research Article
- 10.58631/injurity.v2i4.58
- Apr 17, 2023
- Interdiciplinary Journal and Hummanity (INJURITY)
Brand rights are one part of intellectual property rights that have an important role in the business world of trading of goods and services, especially in maintaining healthy business competition. The research method in this writing uses a normative juridical type of research. Normative legal research is also called literature law research. The approach used in this study is the Statue Approach method. The results of this research include the settlement of brand disputes can be resolved in two ways, namely through litigation and non-litigation. Judges are expected to have the ability to translate the values of justice in matters faced by him through his decisions. Settlement of trademark disputes in court is expected to be guided by the principles of justice, so that the settlement of trademark disputes can create legal certainty. Lawsuits in court or alternative dispute resolution such as arbitration. Furthermore, the legal implication for the decision may be to regulate "the cancellation or deletion of the registration of the Mark carried out by the Minister by striking out the mark concerned by giving defects about the reason and date of such cancellation or deletion". Dispute resolution through alternative dispute resolution is resolved in a direct meeting by the parties and the results are set forth in writing. The ideal concept in trademark dispute resolution in Indonesia, the author expects legal certainty for trademark dispute resolution in the Commercial court, District Court and State Administrative Court as well as in arbitration. The suggestions include the guarantee of a sense of justice and legal certainty in resolving brand disputes, both litigation and non-litigation. The Directorate General of Intellectual Property must be more careful and thorough through a more efficient trademark registration data collection system so that trademark ownership disputes do not occur.
- Research Article
2
- 10.62951/ijsw.v2i1.155
- Jan 9, 2025
- International Journal of Social Welfare and Family Law
The legal landscape of interfaith marriage in Indonesia presents a complex challenge that intersects social dynamics, legal frameworks, and cultural diversity. This research aims to critically analyze the existing legal system governing interfaith marriages, exploring the fundamental tensions between legal norms and social realities. Through a comprehensive socio-legal methodology, the study investigates the intricate challenges of harmonizing marriage laws in a pluralistic society.The research employs a mixed-method approach, combining normative juridical analysis with empirical social research. Extensive document analysis, comparative legal studies, and expert interviews provide a nuanced understanding of the current legal and social complexities surrounding interfaith marriages. The study examines the interactions between state law, religious norms, and customary traditions that shape marriage regulations in Indonesia.Key findings reveal significant gaps between legislative provisions and social practices, highlighting the urgent need for a more adaptive and inclusive legal framework. The research identifies multiple challenges, including jurisdictional conflicts, individual rights protection, and the complex interplay of different normative systems. Theoretical foundations draw from legal certainty theory, legal pluralism, and social justice theory to construct a comprehensive analytical framework.The study proposes innovative approaches to legal harmonization, emphasizing the delicate balance between maintaining legal certainty and accommodating social realities. Recommendations include developing more flexible legal mechanisms, enhancing inter-institutional dialogue, and creating regulatory frameworks that recognize the dynamic nature of social relationships and individual rights in contemporary Indonesian society.Ultimately, the research demonstrates that effective legal harmonization requires a holistic approach that bridges the gap between formal legal structures and the lived experiences of individuals navigating interfaith marriages. By providing a critical analysis of the current legal landscape, the study contributes to broader discussions on legal pluralism, social justice, and individual rights in Indonesia.
- Research Article
- 10.56301/awl.v7i2.1507
- May 19, 2025
- Awang Long Law Review
The land registration process throughout Indonesia has not been fully completed, this phenomenon is influenced by the lack of public awareness in registering their land. Although the government has set a target to achieve comprehensive land registration through the Complete Systematic Land Registration Program (PTSL), the purpose of this study is to determine the legal consequences of not registering land rights in Indonesia and legal certainty in land registration. In this study, the method of accessing and researching takes a lot from library materials, namely materials containing new or up-to-date scientific knowledge, or new understandings of known facts or ideas, in this case including books, journals, dissertations or theses and other legal materials. The legal consequences of not registering land rights in Indonesia in the form of certificates can have significant implications for legal certainty and protection of landowner rights. Land registration is an important step to ensure legal certainty, where land title certificates serve as strong evidence of ownership. Without registration, landowners are at risk of legal uncertainty, which can result in land disputes and difficulties in conducting other legal transactions. The results of the implementation and execution of electronic land registration as referred to in paragraph (1) are in the form of data, electronic information, and/or electronic documents. That in the process of implementing land registration with Government Regulation Number 24 of 1997 concerning Land Registration states that land registration is a series of activities carried out by the Government continuously, sustainably and regularly.
- Research Article
9
- 10.24833/0869-0049-2021-1-6-27
- Mar 31, 2021
- Moscow Journal of International Law
Principles in Modern International Law (Certain Issues of Concept, Nature, Genesis, Substance and Scope)
- Research Article
- 10.37631/jrkhm.v1i2.10
- Dec 28, 2022
- Juris Humanity: Jurnal Riset dan Kajian Hukum Hak Asasi Manusia
The purpose of this research is to find out cases of violations related to human rights in Papua and to find out the state's responsibility for violations of human rights in Paniai Regency, Papua Province. The formulation of the problem in this study is why the issue of human rights violations in Paniai District, Papua Province has occurred again and what is the role of the state in protecting human rights in Indonesia and what is the international view of the state's role in protecting human rights in Indonesia. The purpose of this study is to determine the role of the state in protecting human rights in Indonesia and to find out the legal view of the state's role in protecting human rights in Indonesia. The research method used in this study is a normative research method with primary data sources derived from library research. This research was conducted using a statutory approach in order to further study the legal basis by examining laws and regulations related to human rights violations that occurred in Paniai district, Papua. The findings in this study are that the role of the state in protecting human rights in Indonesia has been considered in such a way as can be seen from the many laws and regulations regarding human rights whose aim is to protect the rights of the humans themselves. However, the issue of resolving human rights cases must be carried out as fairly and transparently as possible in their settlement, considering the obligation of the state to carry out its role as a protector of human rights for all of its people, must be maximized and every right must be fulfilled. However, in practice discrimination against human rights is still widely encountered due to injustice that comes from the authorities themselves. Keyword : HAM, Paniai, Accountability and justice