Indonesia Regulation Research Articles

Circular economy from an environmental accounting perspective: Strengthening firm performance through green supply chain management and import regulation in Indonesia's plastic recycling industry

Circular economy from an environmental accounting perspective: Strengthening firm performance through green supply chain management and import regulation in Indonesia's plastic recycling industry

Implementation of Republic of Indonesia Government Regulation Number 22 of 2021 in Overcoming River Water Pollution Cases

This article reviews the application of Government Regulation of the Republic of Indonesia Number 22 of 2021 in cases of river water pollution that occurs in Indonesia. This study aims to provide explanation and understanding to readers in order to understand the applicable laws related to environmental law in Indonesia. The research method used is normative juridical, which focuses on the analysis of legal documents and literature sources. The results of this study show that environmental regulations in Indonesia are clearly listed in the current list of laws and regulations. But in reality or in its implementation has not been in accordance with what has been stated in the existing regulations, there are still many companies that dump their waste carelessly into the river without considering the adverse impact on the surrounding community. There are also many companies that do not have AMDAL And this pollution is also caused by the low level of supervision carried out by the government.

The challenges in implementing the environmental flow concept in Indonesia

Environmental flow or ecological flow is a term used to define the minimum or optimal flow a stream should attain. It has begun to be adopted by many countries in the last two decades. Environmental flows contribute to freshwater conservation and all aspects it derives. Water for the environment is an aspect that plays an important role in maintaining sustainable development. However, environmental flow is still not well-known and not well-implemented in Indonesia, as indicated by its low research interest and minimal regulation in Indonesia. Therefore, this study shows the challenges of implementing the concept of environmental flow in Indonesia while at the same time also promotes the concept. This literature study highlights the typical issues of implementing the environmental flow policy reported from various countries. The global issues then compared to Indonesian characteristics. The factors that limit the implementation in Indonesia concluded as: competing priorities, lack of visibility, lack of awareness, and lack of data. These limitations become challenges in conserving water for the ecosystem, especially when the Indonesian government still struggles to satisfy access to clean water and tackle the problems of water pollution. Despite the constraints and challenges, we must preserve freshwater systems to achieve sustainable development.

Comparison of Indonesian and Malaysian Law relating to Legal Protection for Women as Victims of Domestic Violence

The purpose of this research is to compare Indonesian and Malaysian law relating to legal protection for women as victims of domestic violence. The research results show that the definition of sexual violence according to Indonesian regulations, Law no. 23 of 2004 concerning the Elimination of Domestic Violence, namely every act against someone, especially women, which results in physical, sexual, psychological misery or suffering and/or domestic neglect, including threats to commit acts, coercion or unlawful deprivation of liberty within the scope of household.

The Role of Monetary Policy to Stock Market in Indonesia: The Case of the Mining Sector

This study aims to analyze the long-term and short-term effects, causality, and effectiveness of monetary policy on mining subsector stocks in Indonesia. This study uses the Vector Error Correction Model (VECM) method and uses secondary data with an analysis period of 2000 to 2020 with monthly data frequency. The total sample used was 252 months. The results of this study show that in the short term, economic growth and exchange rates hurt the mining subsector stock price index. While the world crude oil price has a positive and significant effect on the mining sub-sector stock price index. In contrast to interest rates that do not affect the mining sub-sector stock price index. Different analyses result in the long term, namely only interest rates and economic growth that affect the mining sub-sector stock price index. Interest rates in the long term have a positive and significant effect, while economic growth has a negative and significant effect on the mining sub-sector stock price index. This study's results also show a one-way causality or reciprocal relationship between the exchange rate and the mining sub-sector stock price index, the mining sub-sector stock price index and oil prices, and interest rates on the mining sub-sector stock price index. At the same time, economic growth has no causality relationship to the mining subsector stock price index. It is expected that business actors will be able to adopt environmentally friendly monetary policies as stipulated by the central bank in Bank Indonesia Regulation Number 24/5/PBI 2022 for the sake of economic sustainability in Indonesia.

Ministerial Authority in Formulating Regulations Related to Presidential Lawmaking Doctrine

As ministerial regulations increasingly play a larger role in government administration, they have become one of the main forms of legislation. This has resulted in a significant increase in the quantity of ministerial regulations, including those formed under the mandate of higher regulations, and those formed under the authority of ministers. According to the doctrine of making presidential laws, the president has a constitutional mandate to form implementing regulations for laws (delegated legislation). This normative research examines the basis for the formation of ministerial regulations in a presidential system. It analyzes quantitative data by using samples from ministerial regulations issued between 2005 and 2020 by 12 ministries. The analysis reveals that 65% of ministerial regulations come from ministerial authority (attribution), while 35% stem from higher regulatory directives. This has resulted in a proliferation of ministerial regulations in Indonesia. In the presidential system, the president holds the authority to formulate implementing regulations, with ministers acting as presidential aides and not lawmaking agents. Nevertheless, the unchecked formation of ministerial regulations on the basis of authority has contributed to a power imbalance, wherein ministerial regulations have gained ascendancy at the expense of presidential legislation products. This divergence from the Indonesian Constitution’s Article 4, Paragraph (1), and Article 5, Paragraph (2) dilutes the role of presidential legislation products as implementing regulations. It deviates from the established tenets of the presidential system in Indonesia, wherein the president is designated as the law executor rather than the minister.

Islamic Perspective on Criminalization of Forced Marriage In Indonesia

Forced marriage is a human rights violation that is widely practiced in various parts of the world, including Indonesia. This article aims to examine the Islamic perspective on the crime of forced marriage as regulated in Law Number 12 of 2022 concerning the Criminal Offense of Sexual Violence. This research is qualitative normative legal research analyzing laws and regulations in Indonesia and Islamic legal sources. The result of the study shows that Islam prohibits any form of forced marriage. Marriage must be based on the willingness and agreement of both parties. Perpetrators of forced marriage could be criminalized or sentenced to criminal sanction (takzir). Thus, Islam affirms the regulation of the criminal act of forced marriage as stated in Article Article 4 Paragraph (1) Letter e and Article 10 of Law of the Republic of Indonesia Number 12 of 2022 concerning Criminal Acts of Sexual Violence. By criminalizing forced marriages, Islamic principles reject all forms of destruction and defend the values of justice, equality, and beneficialness.

Pelindungan Hukum Terhadap Konten Kreator Anak

Content creators are flexible workers who are in demand by all groups, both adults and children. Children in digital content creation are at risk of exploitation and psychological distress. This is the case with Monella Sunshine Jo, a 5 year old celebrity who has achieved a significant level of popularity. Although children's rights in the digital world have been regulated in legislation, adequate regulations to protect children as content creators are still lacking, creating problems that need attention. This article aims to analyze the legal regulation of child labor as a content creator on social media and the legal protection of child content creators based on labor law. The method used in this research is normative research method, which examines and analyzes the subject matter with the substance of the Legislation. Based on the results of this study it can be concluded, First, legal protection of child content creators on social media and regulations in Indonesia have regulated the rights and obligations of children as workers, especially in the entertainment industry, but there are certain conditions, stating that children who have worked must do work in accordance with their requests and talents, these provisions are regulated in the Decree of the Minister of Manpower Number KEP.115/MEN/VII/2004. Second, the protection of children from work is regulated in Law Number 13 of 2003 concerning Manpower with the exception of children aged 13-15 years who may do light work as long as it does not interfere with development and health. Conditions such as written permission, work agreement, maximum time of 3 hours, daytime, and not interfering with school. Law Number 13 of 2003 on Labor prohibits child labor that endangers health, safety, or morals, as well as involving children in slavery, prostitution, the production of pornography, and the trafficking of addictive substances.

Clickbait as a Potential Threat in the Development of Cybercrime in Indonesia

<p><em>This research examines the advancement and extensive diffusion of online news in Indonesia which contains discrepancies between the titles displayed and the content displayed (clickbait), where the content has the potential to contain backlinks that can carry a cybercrime. The purpose of this research is to assess the potential of clickbait in threatening the development of cybercrime in Indonesia, as well as to investigate the best legal regulations for eradicating clickbait in Indonesia. This research uses the normative legal research method followed by the interview method. The outcomes of this research point to the shift in news media from conventional to online making the target of online news journalists not only limited to reporting factual information but also pursuing a target audience of readers by using a clickbait title. The content of clickbait news that clearly does not match the title can deceive Indonesians, especially if accompanied by backlinks that actually spread many forms of cybercrime. In addition, it was found that there are no regulations in Indonesia that prohibit the dissemination of online news with clickbait, be it in the Press Law, ITE Law, Journalistic Code of Ethics, Cyber Media Reporting Guidelines, and the Criminal Code, which can be overcome by revising the ITE Law by adding related prohibitions in Article 28.</em></p>

Reformulation of the Concept of Iddah in The Compilation of Islamic Law Perspective of Negotiative Hermeneutics

Iddah is a rule that must be implemented by a woman after divorce from her husband, either due to death or divorce. This is stated in the compilation of Islamic law as one of the regulations in Indonesia. Reformulating of iddah aims to enable Islamic law to address issues in daily life brought about by a variety of changes. For this reason, the author uses a negotiating hermeneutic approach initiated by Khaled M. Abou El Fadl. This research uses a type of literature research (Library research) with qualitative methods. The result of this study finds that iddah obligation is the "responsibility" of both husband and wife after divorce. Just as the wife must ensure the cleanliness of her uterus, the husband must provide iddah for the fulfilment of iddah obligations. So, the reformulation related to the concept of iddah in the compilation of Islamic law is the period of payment of iddah after the court decision and the provision of sanctions for ex-husbands who do not fulfil their obligations by court decisions.
 
 Keywords: iddah; divorce; hermeneutics.

Uang Elektronik dalam Perspektif Maqasid al-Shari’ah al-Syatibi

The currencies used by humans to transact change. Initially relying on barter, then using dinars and dirhams, changing to using cash, to the latest update to Electronic Money or e-money, originating from the human mind that continues innovating with technological advances to facilitate activities and life. E-money offers practicality in transactions. Its significant influence on society and the economy of a country, especially Indonesia, raises the need to solve problems related to Sharia views on e-money. Islamic law is a rule/regulation that prioritises the benefit of humankind. This research answers questions related to the suitability of electronic money with the concept of maqāṣid al-sharī’ah al-Syatibi. This research uses qualitative research. The data source comes from the literature examining al-Syatibi's maqāṣid al-sharī’ah and electronic money, with data collection techniques that take objects from documents. In this research, the documents are in the form of al-Muwāfaqāt fi uṣul al-shari’ah, Bank Indonesia Regulation number 16/8/PBI/2014, and DSN-MUI fatwa number 116/DSN-MUI/IX/2017. The e-money concept follows the principle of hifẓu al-māl/safeguarding property and the maintenance of property at the al-hājiyat level. Because e-money facilitates human transactions, it does not interfere with life even if it is not fulfilled. However, it can complicate the efficiency of activities if not used. E-money follows the relevant fikih muamalah contracts and is free from forbidden elements, namely maysir/gambling, gharar, and usury. On the other hand, unregistered electronic money does not fulfil the principle of hifẓu al-māl, so it can cause harm when used.

The Bank's Authority In Determining The Value Of The Collateral Post Implementation Of The Minister Of Finance Regulation Number 228/PMK.01/2019 Concerning The Second Amendment To The Regulation Of The Minister Of Finance Number 101/PMK.01/2014 Concernin

Assessing collateral as an important aspect in providing credit, the fact is that the majority of internal banking appraisers are not required to fulfill the definition of competency as intended in Minister of Finance Regulation Number 228/PMK.01/2019, namely having a certification exam and further professional education, p. Another fact that is a fact is the obstacles in banking, especially in areas where there are no independent appraisal branches. The formulation of the problem raised in this research is what is the authority of collateral appraisers in carrying out collateral assessments after the issuance of changes to Minister of Finance Regulation Number 228/PMK.01/2019 and what obstacles are faced, especially by banks, after the issuance of Minister of Finance Regulation Number 228/PMK.01/2019 . This type of research is Normative legal research. This research uses a statutory approach. From this research, there is a lack of clarity regarding the implementation of Minister of Finance Regulation Number 228/PMK.01/2019 with Bank Indonesia Regulation Number 18/16/PBI/2016 so that there are still many collateral appraisers who do not meet the competency requirements in question who still carry out collateral appraisal as a basis for the credit analysis process. banking, and this will be very risky for the results of the collateral assessment both in terms of quality and also in terms of legal legality. Another thing is that banks in several regions are hampered in the credit process because there is no Public Appraisal Service Office branch which is mandatory.

Overcoming Regulatory Hurdles in the Indonesian Crowdfunding Landscape

With the exponential rise in crowdfunding, several pertinent issues have come to the fore. These include unauthorized access to personal data, exorbitant interest rates for funding recipients, and investor fund security concerns. Other issues, such as aggressive debt collection practices and misuse of donated funds, also warrant attention. The underdeveloped state of crowdfunding regulations in Indonesia, which offers insufficient legal certainty and protection, is often blamed for these issues. Thus, a thorough examination of the legal and regulatory framework governing crowdfunding in Indonesia is crucial. This study scrutinizes the legal norms, identifies, and harmonizes the diverse regulations applicable to crowdfunding in Indonesia. The findings underscore the necessity for enhancements in the laws and regulations pertinent to crowdfunding. Key areas of focus should include establishing a legal status for crowdfunding platforms, setting fair interest rates, fortifying investor fund security mechanisms, penalizing illegal crowdfunding activities, and intensifying oversight of fund usage in donation-based crowdfunding schemes. Equally crucial is the imposition of penalties for regulatory breaches in crowdfunding, reflecting a genuine commitment towards ensuring justice and legal certainty in all crowdfunding transactions.

Interreligious Marriages after Sema Number 2 of 2023

Indonesia has a plurality of religions adhered to by its population. The issue of marriage in Indonesia has become a polemic because often couples who will enter into a marriage of different religions avoid the existing laws in Indonesia by entering into marriage abroad, or continue to carry out marriage even though they are of different religions, while some convert to the religion of one of the partners so that the marriage can take place. The turmoil that arose to the surface after the birth of SEMA Number 2 of 2023 made the assumption that its contents were incompatible with Indonesia's diversity and Pancasila, a setback in guaranteeing the rights and freedoms of citizens from diverse backgrounds, and curbing the freedom of judges in interpreting and making decisions that were as fair as possible according to the trial. The type of research used is Normative research, which relies on primary legal materials with a statutory approach. The purpose of this research is to find out the syncranization and harmonization of SEMA 2 Year 2023 in the regulation of interfaith marriages in Indonesia. The conclusion of this research is that SEMA No. 2 of 2023 does not contradict the existing laws above it when associated with existing marriage regulations in Indonesia because marriage law in Indonesia submits the validity of marriage based on each religion. Human rights in Indonesia in Law Number 39 of 1999 concerning human rights marriage is carried out in accordance with statutory provisions, SEMA is not a legal product, but only as a guide for judges in deciding cases of interfaith marriages.

Edukasi Konsep dan Penerapan Pajak Karbon bagi Mahasiswa

Climate change caused by carbon emissions has been felt in almost all countries, including Indonesia. The government has issued policy Law Number 7 of 2021 concerning Harmonization of Tax Regulations (UU HPP) which regulates the imposition of carbon tax. Apart from that, the Government has also issued Presidential Regulation Number 98 of 2021 concerning the Implementation of Carbon Economic Value. The aim of this regulation is to reduce carbon emissions in Indonesia by imposing taxes. Community service activities are carried out through seminars aimed at providing the public with an understanding of the concept and application of carbon tax as well as elaboration of practices carried out in other countries. The material presented in this seminar includes: the concept of carbon tax, the practice of imposing carbon tax in other countries, existing regulations in Indonesia, discussion and delivery of conclusions. The implementation of the seminar consists of three stages. First, presentation of material from the resource person. Second, question and answer session with participants. The number of seminar participants was around 100 people from academics, both students and lecturers from UPN Veteran Jakarta and other universities.

Perbandingan Regulasi Bank Digital di Indonesia dan Singapura

In digital banking, customers who are served digitally can be done starting from the business connection between the bank and the customer starting from opening an account, executing account transactions, to closing a deposit account which is carried out through the use of Information Technology. This of course makes it easier for customers because these activities can be done anywhere. Behind the convenience obtained from using digital banking services, there are also risks involved. Thus, the need for legal protection for customers who use digital banks is necessary to protect consumers from customers in banking services, because the law integrates and serves society. However, unfortunately the regulations regarding Digital Banks in Indonesia have not yet stood alone and are still being reviewed by the OJK. Therefore, so that the special regulations for digital banks in Indonesia can be of good use and not harm any party, references are needed from other countries that have issued legal regulations regarding digital banking to see the legal regulations for digital banks that have been previously implemented in that country so that they can become a reference for the process of making special regulations regarding banking in Indonesia. One country that has implemented special regulations regarding digital banking is Singapore. Based on these problems, in this journal the author will discuss the General and Systematic Overview of Legal Protection for Digital Bank Customers in Indonesia and the Comparison of Digital Bank Regulations in Indonesia and Digital Banks in Singapore for Customers.

Multikulturalisme Islam Dalam Kebijakan Pemerintah Terhadap Orientasi Pesantren di Indonesia

This qualitative study with a normative-philosophical approach intends to identify and explore multicultural Islamic values contained in the orientation of Pesantren implementation in Indonesia. The primary data of this study uses the document text of Law No.18 of 2019 concerning Pesantren. Various multicultural Islamic values conceptualized by Azyumardi Azra are used as the basis for perspective in the analysis of the subject matter of this study. The study data was collected through documentation techniques. Meanwhile, data analysis includes the stages of reduction, presentation, and verification. This study concludes that there is a content of multicultural Islamic values in the policies of the Government of Indonesia related to the orientation of the implementation of Islamic boarding schools, including the value of humanism in the orientation of personal formation of Muslims who value religion and humanity. Then, the value of tasamuh, and wasatiyyah in the orientation of the personal formation of Muslims who maintain religious harmony. Furthermore, the value of peace in the personal formation of Muslims that maintain the integration of the nation and state. The theoretical implications of this study affirm that multicultural Islamic values can be disseminated in the regulation of laws and regulations in Indonesia. Limitations have not yet been This study has not identified various forms of obstacles or challenges in the implementation of the Pesantren Law in Indonesia.

Are Cryptocurrencies Ḥaram? A Critical Analysis toward MUI’s Fatwā

This paper critically examines the Indonesian Ulema Council's fatwā which prohibits cryptocurrency. The critique focuses on three aspects of the ban. The first is criticism for banning cryptocurrency which is considered to contain garar and ḍarār, and is contrary to Law No. 7 of 2011 and Bank Indonesia Regulation No. 17 of 2015. The second is criticism of the illegality of buying/selling cryptocurrency, which is positioned as a digital asset/commodity that contains garar, ḍarār, qimār, and does not meet the sil’ah criteria. The third is criticism of the permissibility of cryptocurrency as a commodity/asset when it fulfills the sil’aḥ criteria and has underlying and clear legal benefits to be traded. This study adopted a qualitative approach. The conclusion reveals that MUI's fatwā on cryptocurrencies was not built on solid legal reasoning and did not consider the benefits of technological advances. The MUI's fatwā is based on the principles of Islamic law, specifically garar, ḍarār, and qimār, which are used to evaluate the legality of trading commodities or digital assets, such as cryptocurrencies. However, it is important to note that the MUI's fatwā does not consider the potential benefits of cryptocurrencies, such as their use as a new form of investment and their potential to revolutionize industries by enhancing security, and efficiency, and creating new trading opportunities in the digital age. In terms of non-Sharia technology, it is seen as a tool that can be used for good or evil, and its permissibility depends on its use. Blockchain technology, which underpins cryptocurrencies, is considered acceptable because it makes transactions more secure and enables the use of smart contracts.

Community preventive behaviour and perception on the severity of COVID-19 disease in Indonesia, 2021-2022: Structural equation modelling.

This study investigated the determinants of community preventive behavior in complying with the Indonesian regulations to prevent COVID-19 local transmission. A cross-sectional study used to collect the data via an online cross using a form created from a google questionnaire forms. A total of 1,802 respondents were gathered at a single point in time. The authors used the Health Belief Model (HBM) approach to measure and create a model for the prevention of local transmission of COVID-19. This study found that more than half of the respondents still had low perceived susceptibility (16%) and severity (43%). There were only 3% respondents with perceived barriers and 19% with strong self-efficacy. The findings showed that self-efficacy and perceived barriers had statistically significant relationships with preventive behavior (p-value <0.05). The goodness of fit index showed that the proposed model was not fit for the data (RMSE<0.080, GFI>0.950, AGFI>0.950, SRMR<0.100), which means that it was not fit to describe the empirical phenomenon under study. This study found that more than half of the respondents still had low perceived susceptibility (84%) and severity (67%), but more than half had high perceived benefits (54%). Only a few respondents had significant barriers to implementing COVID-19 transmission prevention behaviours (3%). Still, most respondents had low perceived self-efficacy (81%), and only 60% had good behaviours related to COVID-19 prevention. In the context of COVID-19 preventive behaviour, we recommended to improve perceived susceptibility and severity by providing the correct information (which contain information about how people susceptible to the virus and the impact of infected by the virus) with the local cultural context.

The Phenomena of The Cryptocurrency Fall in The Sharia Economic View

Digital money was first developed in the 1960s when Western Union introduced electronic funds transfers (EFT). In Indonesia, digital money only became popular around 2007. Electronic money regulations are contained in Bank Indonesia Regulation Number 11/12/PBI/2009. Cryptocurrencies are made from a combination of blockchain technology and cryptography. Blockchain is a technology for recording interconnected transactions using unique and immutable codes. On the other hand, Cryptography is a branch of computer science that studies how to hide information. This research aims to obtain answers regarding cryptocurrencies as currency/method of exchange/assets/commodities in Indonesia. The theory applied is the theory of legal and vanity business transactions in Islam. This research is a literature study and is qualitative in nature. The data analysis technique used is analytical descriptive with a normative juridical Islamic law approach. From this research, the results show that cryptocurrencies are haram, referring to the MUI Fatwa, the decisions of the Laznah Bahtsul Masail East Java Nahdathul Ulama Regional Management (PWNU), the Tarjih Council and the Tajdin Central Executive of Muhammadiyah, the opinion of Islamic economics academics. The factors that make cryptocurrencies illegal because they are considered to contain speculation, maysir and are vulnerable to being used for illegal activities. The weaknesses of cryptocurrency are marked by the fall of crypto throughout 2022 and are predicted to continue in 2023. Crypto is illegal lighairihi or haram due to external factors, so it should be avoided.