- Research Article
3
- 10.31603/variajusticia.v19i1.8769
- Apr 29, 2023
- Varia Justicia
- Reni Budi Setianingrum + 2 more
Technology has become an essential part of human activities, people's needs and demands for it are significantly increased. People have become dependent on technology because they use it to travel, communicate, learn, do business and simplify human life. Currently, technology-based companies are growing rapidly all over the world, as we can see how Google, Facebook, Twitter, Microsoft, Apple, and various other companies dominate the market. Likewise in Indonesia, people's activities cannot be separated from various products from technology-based companies, such as Gojek, Tokopedia, Shopee, Grab, Traveloka, etc. Recently, Gojek and Tokopedia officially merged to become the GoTo Group and are claimed to be the largest technology group in Indonesia. This merger is usually carried out by business actors to seek more profit and to become a company that wins the market both on a national and international scale and in fact has a significant impact on changes in structure and control over the market so that there is a potential for abuse of dominant position to occur by limiting the choice of both products, quality, and price. Based on this case, this normative research using the case approach and statute approach aims to analyze how Indonesian competition law regulates technology company mergers, by comparing it with European Union competition law. The conclusion of this research is, lesson learn from European Union, Indonesian Competition Law needs to adapt the Data Protection Law in reviewing tehcnology company mergers in Indonesia.
- Research Article
8
- 10.31603/variajusticia.v19i1.6588
- Apr 29, 2023
- Varia Justicia
- Yordan Gunawan + 2 more
Today’s unresolved human rights issue is racial misbehavior and police brutality in all of its manifestations. The United States of America stands as a horrifying example of a State that has failed to protect its citizens against bigotry. This has been especially visible in recent years, with several incidents of unjustified police shootings of African-Americans culminating in the formation of the global movement known as “Black Lives Matter,” abbreviated as BLM, which began quietly as a Twitter hashtag. Thus, this study addressed how the legal enforcement against police brutality in the case of Black Lives Matter in the US in regards to human rights violations based on international human rights perspective. The author employed normative research in this study which focuses on library (literature) studies and emphasizes reading and analyzing resources. The result showed that police brutality against Black people is common in the US. Despite the fact that the US has considered regulatory frameworks that establish standards that address discriminatory racial practices in the targeting and killing of unarmed Black boys and men, the implementation of police brutality protection in the US has yet to be effective and thorough. As a result, national action is required to address this issue. There is an urgent need for top management and institutions to step up their supervision of police behavior in order to address the abuse of power by some police forces.
- Research Article
2
- 10.31603/variajusticia.v19i1.8911
- Apr 29, 2023
- Varia Justicia
- Norma Sari
Halal product guarantee is one of the complex and long issues in Indonesia as it took more than 20 years to establish the regulation. The government must fulfill the consumer need for halal product guarantee by providing a reliable certification system. However, there are still many business actors who have not given priority to the importance of halal certification for their products because they think applying halal certification is complicated. Therefore, this research aims to examine the local government capacity to guarantee halal product from micro, small, and medium enterprises (MSME) in Kebumen. It was empirical normative legal research using qualitative approach. In this research, we used primary data collected through interviews, and secondary data sourced from literature study of primary, secondary, and tertiary legal materials. We analyzed the data using a qualitative descriptive approach. The results suggest that the local government capacity to guarantee halal products in Kebumen is advanced in terms of legal capacity. While in community empowerment and utilizing electronic application in halal product certification are still a challenge.
- Research Article
2
- 10.31603/variajusticia.v19i1.8885
- Apr 29, 2023
- Varia Justicia
- Aju Putrijanti + 1 more
Environment dispute settlement carried out by general and administrative court, depends on the object of disputes. Government has to based on principle of good environmental governance when issue the permit and policies. The issues are the urgency to build environmental court and implementation of principle of good environmental governance. Method use is juridical normative, primary data used are regulations, secondary data are expert opinions, articles. Data analysis qualitatively and describe in descriptive analysis. Environmental court will be under Administrative Court as special court, which comprises of private, penal and administrative chamber. Implementation of principle of good environmental governance through issue permit, policies and supported by strengthen law enforcement. Regulations as based of law to build environmental court has to be synchronized with relevant regulations in order to enforce the environmental law enforcement and gives environmental justice. Novelty in this research is build environmental court to strengthen environmental law enforcement.
- Research Article
5
- 10.31603/variajusticia.v19i1.8019
- Apr 29, 2023
- Varia Justicia
- Wardah Yuspin + 4 more
Digital banks in Indonesia are growing rapidly. This phenomenon has given rise to legal disharmony in laws and regulations, considering that banks are institutions with many regulations (fully regulated). Legal disharmony occurs because of the many weaknesses in the current banking regulations, which still focus on the Banking Laws. Law Number 10 of 1998 concerning banking was formed specifically to regulate conventional banking transactions, while the concept of digital banks in its implementation utilizes technology. This difference creates a gap leading to a legal vacuum. By interpreting the articles of Law Number 10 of 1998 concerning banking using a textual approach (focusing on text), this study unveiled that, as the basis for regulating digital banks, this law was still extremely low, limited and no longer compatible with the development of digital banks. Therefore, it is necessary to establish regulations for digital banks to provide legal protection to realize the legal goal of creating justice and legal certainty for the current and future development of the digital banking industry.
- Journal Issue
4
- 10.31603/variajusticia.v19i1
- Apr 29, 2023
- Varia Justicia
- Research Article
- 10.31603/variajusticia.v18i2.6619
- Feb 27, 2023
- Varia Justicia
- Anak Agung Gede Duwira Hadi Santosa + 3 more
The concept of a Land Bank entity in the Job Creation Act and its derivative regulations reflects the contradictory dualism of the functions of the Land Bank agency. On the one hand, the Land Bank agency was formed to carry out public functions, but on the other hand, the Land Bank could carry out business activities. The existence of this dualism results in ambiguity and imbalance in the functions of the Land Bank agency. This research aims to examine the concept of a Land Bank entity as contained in the Job Creation Law and its derivative rules and to provide an overview of the model of a Land Bank entity in the future that can balance the implementation of public and business functions. The research used normative legal research supported by the statutory approach and a conceptual approach. The results show that the concept of a Land Bank agency in the Job Creation Law and its derivative rules still reflects the dualism of contradictory functions of the Land Bank agency, namely as executor of public functions and as executor of business activities. It is necessary to revamp the concept of the Land Bank agency to avoid conflicts of interest between public and private scope, by dividing the Land Bank entity into two types, which is the Land Bank entity in the form of public legal entity and/or private legal entity.
- Journal Issue
- 10.31603/variajusticia.v18i3
- Dec 30, 2022
- Varia Justicia
- Research Article
- 10.31603/variajusticia.v18i3.8363
- Dec 12, 2022
- Varia Justicia
- Bagus Sarnawa
The purpose of this study is to ascertain the civil servant' general election neutrality model. This study used secondary data or library resources that included primary, secondary, and tertiary legal materials to accomplish its goals. This study interviewed practitioners such the National Civil Service Agency, the State Civil Apparatus Commission, and the Election Supervisory Board of the Republic of Indonesia in order to gather secondary data on personnel legislation and general elections. In this study, a statutory method was paired with a conceptual, historical, and comparative perspective. The outcomes demonstrated that civil servants' impartiality in general elections has never occurred from the start of independence till the present. This is a result of the system of subordination (unequal relations) between civil servant and political official. To balance positions between the two, it is therefore vital to separate civil servants from political officials. As a result, it is required to amend Law Number 5 of 2014 Concerning State Civil Apparatuses in order to control the separation of positions of Civil Servants and political authorities.
- Research Article
2
- 10.31603/variajusticia.v18i3.8822
- Dec 12, 2022
- Varia Justicia
- Muhammad Anfasha Wirakusuma
This research aimed to examine democracy development using e-participation through the e-aspiration system applied in public services to realize the smart city in Magelang City. Magelang City Government has released a special mobile application called Magelang Cerdas. The ease of public services provided by the Magelang Cerdas application has created various features that promote e-participation. This refers to online public participation by utilizing information and communication technology and the smart city concept. The smart city is related to information and communication technology used in the social field. It could be realized by opening public participation in ensuring the democratic rights of every citizen through the e-aspiration. The goal was to capture people’s aspirations to increase their participation in influencing Magelang City development. This modern day the government should provide financial support for the technological developments. Therefore, public services should be provided through conventional and digital-based delivery, such as e-government, which reflects the principles of good governance. Digital-based services could fulfil people’s rights and obligations as citizens. As a result, the people would directly realize digital government according in the modern era. The ease of access in participation would also help the government follow the direction and needs of the people. In implementing the smart city concept, Therefore, this research examined the factors supporting and strengthening public participation in the smart city concept on the Good Gonvernance perspective.