Indonesian Law Research Articles

Tinjauan Yuridis Hak Royalti Sebagai Harta Bersama dalam Perkawinan

There are two concepts regarding marital assets according to the legal system in Indonesia, namely in the form of personal assets and joint assets. The correlation between marital property and IPR includes the legal and economic relationship between joint ownership of certain assets and the protection of creative or innovative rights. This research was conducted using normative research methods using statutory, conceptual and case approaches. The purpose of this research is to find out the position of royalties as marital property according to marriage law in Indonesia and to find out about the legal measures that can be taken by the parties regarding royalty rights as marital property in the event of a divorce. The research show that Copyright is a material right, so it can be concluded that Royalties fall into the category of intangible movable objects. Royalties which are intangible movable objects have value as joint assets. Then, dispute resolution regarding joint assets can be carried out through litigation and non-litigation processes. In practice, the division of joint assets can usually be resolved amicably, but if there is no agreement it will result in a legal process involving filing a lawsuit with the Religious Court. In terms of the division of marital property, it is regulated in the Civil Code, Marriage Law, and the Compilation of Islamic Law and the judge's considerations are based on the value of justice.

The Rhetorical Model of Indonesian Research Article Introductions (RAIs) in the Law Discipline: Problems and Opportunities

The issue of internationalizing academic works into English Scopus-indexed journals has been becoming a growing concern in Indonesia in the last few years. However, investigating rhetorical models of local research articles is still very limited in the Indonesian context to date, while finding this foundation that underpins the global issue may overcome and create awareness for Indonesian academics for the likelihood of publishing their academic papers into reputable journals. This paper attempted to investigate the rhetorical model of Indonesian Law RAIs because none has investigated it in this selected discipline. The purpose is to discover whether or not it is different from earlier findings in English and Indonesian models. The data in the present study are 15 Indonesian Law RAIs published in accredited Science and Technology Index journals (SINTA 2). For the analysis, the study employed a genre-based study using two rhetorical models as primary code analysis. The results revealed that the Indonesian Law RAIs in the present study have a different rhetorical model from the English model, the CARS model. The main difference is the ways of establishing a niche. This finding implies that it may become an obstacle for Indonesian authors in this discipline, on the one hand, but may become an opportunity for them to publish their academic works in reputable journals, on the other hand.

Legal Discovery of Religious Court Judges in Marriage Itsbat Cases: An Effort to Reform Marriage Law in Indonesia

Marriage as the foundation of the family has an important position in society, but problems often arise regarding marital status, especially in itsbat of marriage cases. This study aims to identify and analyze the legal findings of Bandung Religious Court judges in itsbat of marriage cases, as well as the extent to which these legal findings contribute to the reform of marriage law in Indonesia. This research uses normative legal research methods with a legislative approach and case studies, primary and secondary data obtained from itsbat of marriage decisions, books, and journals that have the same discussion as this research. The results showed that the Religious Court judge in deciding the itsbat of marriage case had made various efforts to provide fairer legal protection for the parties who filed the application. The resulting legal findings, such as the application of the precautionary principle in assessing evidence, considering aspects of material justice, and providing innovative solutions in complex cases, have contributed significantly to the development of marriage law in Indonesia. However, there are still some challenges that need to be overcome, such as limited access to evidence and legal uncertainty in some aspects. Therefore, further efforts need to be made to improve the regulations and mechanisms for resolving itsbat of marriage cases, so as to provide legal certainty and justice for all interested parties.

Shifting Paradigms: The Controversy and Complexity of LGBTI Protection in Indonesia as the Biggest Muslim Country

The existence of Lesbian, Gay, Bisexual, Transgender, and Intersexual (LGBTI) as a legal subject in a religious community like Indonesia is very problematic. When religious values control a community, the members will use their holy books to measure whether any commotion or condition is tolerable. Collisions between the law of religion (such as Sharia Law of Muslims) and national law are sometimes unavoidable. Most conservative religious values may not protect and acknowledge the existence of LGBTI people, while national law must recognise the ratified international conventions, especially regarding human rights. It creates a different treatment between national law and religious law. Protection of the rights of LGBTI in Indonesia is barely reported. This study will be important to share how Indonesia copes with LGBTI legal problems and protections. The method of this study is a juridical normative study, by evaluating Indonesian positive law, the living law ruled by the Indonesian Court Decrees, and any decree or decision made by Indonesian executive and judicative bodies, which become the basis for determining the existence of rights and protections of LGBTI people. Classification of the protection from various sectors of laws will be identified, to conclude the protection level of LGBTI people in Indonesian law. Keywords: LGBTI; Indonesia; Positive law; Religious values.

Law Enforcement of Corruption Crimes: Theoretical Study of the Restorative Justice Approach

The problem to be described in this research is how to handle criminal acts using a restorative justice approach that is practiced in the Indonesian criminal justice system and how is the concept of restorative justice applied to criminal acts of corruption in Indonesian law? The approaches used by the author in this research are the statutory approach, case approach, historical approach, comparative approach and legal conceptual approach. The results of the research found that handling criminal acts using a restorative justice approach which is practiced in the Indonesian criminal justice system has become a new method for resolving criminal cases. This model places greater emphasis on conditions for creating justice and balance for criminal perpetrators and their victims. This model has now been implemented in the criminal justice system in Indonesia. Indonesia. This model continues to be developed and implemented in the criminal justice system in Indonesia to achieve the goals of justice, certainty and benefit because the focus of the approach in restorative justice focuses on justice for victims and perpetrators, so that the function of law is not only as certainty for society but also as justice and benefit to the community in line with local wisdom in resolving criminal cases. The application of the concept of restorative justice in criminal acts of corruption in Indonesian law is through the return of all proceeds from criminal acts of corruption along with all forms of profits which are carried out at the stage before the investigation is carried out, during the investigation, during the investigation up to the stage of examination in court. The application of restorative justice has not been specifically regulated in corruption legislation in Indonesia, however circular letters have been issued in several law enforcement agencies which regulate the application of restorative justice in criminal acts of corruption which prioritizes deliberation to return all the proceeds of criminal acts of corruption.

The Criticism of Land Procurement Law to Improve Landowners Welfare in Indonesia

The Indonesian Land Acquisition Law serves as a crucial legal instrument in facilitating national development. However, the implementation of this law often gives rise to criticism, particularly with regard to the welfare of landowners whose property is acquired for the public good. This article seeks to provide a critical analysis of the implementation of the Land Acquisition Law in Indonesia and its impact on the welfare of landowners. The methodology employed is a literature review that examines previous research, related legislation, and cases of land acquisition implementation. The findings indicate that, despite the law's objective of enhancing welfare through fair compensation, there are still shortcomings in its implementation that result in injustice to landowners.

Legal review of the constitutional court decision number 135/PUU-XIII/2015 on the voting rights of people with mental disorders (ODGJ) reviewed from the foundation of positive law

People's participation as citizens in the implementation of government is the main requirement in filling positions. To be able to take part in elections, people must comply with the provisions that have been ratified by law. The KPU "General Election Commission" as the organizer of the democratic party gives the right to vote in elections to People with Mental Disorders (ODGJ). ODGJ are allowed to take part in the 2024 elections as stated in the decision of the MK "Constitutional Court". The aim of this research is to examine juridically "the decision of the Constitutional Court Number 135/PUU-XIII/2015 concerning the voting rights of People with Mental Disorders or ODGJ and the impact that may arise from the participation of ODGJ in taking part in the election". The author chose a normative juridical approach (Legislative Approach). The research carried out by the author used a normative juridical approach (Legislation Approach). The data used in this research uses secondary data, namely data or input sourced from literature and statutory regulations. For this type of research, the author applies qualitative descriptive research. Based on research results, the ruling "Constitutional Court Decision Number 135/PUU-XII/2015" states that people suffering from mental disorders can vote only if they do not experience permanent mental disorders that have prevented them from voting in general elections, according to mental health experts.. Based on this, there is disharmony between the decision of the constitutional court and positive law in Indonesia. Apart from that, the possible impact of ODGJ's participation in the election is the emergence of various frauds in the democratic party process.

UNVEILING THE LEGAL COMPLEXITIES SURROUNDING DUAL USE OF CHEMICAL IN GLOBAL AND INDONESIAN CONTEXTS

The use of white phosphorus as a weapon is highly dangerous, causing direct physical damage to victims and environmental harm. White phosphorus is just one of many dual-use chemicals that have industrial benefits but also pose significant health and environmental risks. This situation leads to violations of fundamental human rights. This study discusses the legal complexities related to the use of dual-use chemicals in both global and Indonesian contexts, with a focus on Indonesia’s Health Law No. 17 of 2023. The research aims to identify legal gaps in the regulation of hazardous chemical use, from both international and national perspectives, and to provide recommendations for improving national regulations to better protect the public from the threats posed by dual-use chemicals. This study uses a normative legal approach with descriptive-analytical methods. It evaluates the gaps between national and international regulations on dual-use chemicals and the practical impact of these differences on public health protection in Indonesia. The study finds significant gaps between national and international regulations, particularly in terms of oversight and regulation of dual-use chemicals. The implementation of current health laws in Indonesia remains weak. International regulations are stricter, but they have not been fully integrated into national policies, resulting in gaps in public health protection from the threats posed by these chemicals.

Concerns Over the Protection of Taxpayers’ Privacy Data on The Core Tax Administration System

The modernization of tax systems like Indonesia’s Core Tax Administration System (CTAS) offers potential benefits like increased efficiency and effectiveness. However, it also raises significant concerns about the protection of sensitive taxpayer information. This article explores these issues, analyzing the data protection laws in Indonesia, the possible dangers associated with gathering and handling taxpayer information in CTAS, and the strategies to reduce these risks. The article concludes that although CTAS offers numerous advantages, strong data protection measures, including clear regulations, robust security protocols, and transparency, are crucial to ensure taxpayer trust and the overall success of the system. In other words, While the Core Tax Administration System in Indonesia has great potential to optimize tax administration processes, resulting in improved efficiency and effectiveness.it is imperative to implement strong data protection measures alongside it to ensure taxpayer privacy is protected. This requires a comprehensive approach that includes clear regulations, strong security protocols, transparency, and accountability. By making the protection of taxpayer privacy a top priority, Indonesia has a chance to create a tax system that is trustworthy, efficient, and respectful of people’s basic rights.

Criminalization of Service Users and Traditional Commercial Sex Workers in Indonesia

The urgency of law enforcement against service users and traditional commercial sex workers in Indonesia in handling the increasingly rampant practice of prostitution. Despite government efforts to discourage involvement in prostitution, the lack of specific regulations in Indonesian law has allowed service users of prostitution to avoid appropriate legal consequences. This research aims to criminalize both traditional commercial sex workers and service users using a legislative approach, conceptual approach, and comparative legal approach to address criminal issues faced by traditional commercial sex workers and users in Indonesia, one of which is the criminalization of all individuals involved in such practices, such as service users of prostitution who are not clearly regulated, although the government has made efforts through existing local regulations. The type of research used is juridical-normative or often referred to as doctrinal legal research. Several regions in Indonesia, such as DKI Jakarta, Indramayu Regency, Tangerang City, Denpasar City, Badung Regency in Bali, Batam City, and Bandung Regency, have issued local regulations criminalizing service users of prostitution in their respective areas. However, these regulations vary and impose lenient penalties on commercial sex workers and service users. Therefore, we need to study the Netherlands in addressing issues related to prostitution, which can ensnare both perpetrators and commercial sex workers.

MANAGING INDONESIAN DATA BREACH NOTIFICATION IN THE FINANCIAL SERVICES SECTOR: A CASE FOR ONE-STOP NOTIFICATION MODEL

As a business of trust, the banking and financial services industry must protect its reputation to ensure consumer’s confidence. However, recent adoption of emerging internet communication technologies (ICT) have introduced new risks and challenges, such as safeguarding systems from cyberattacks and protecting consumer’s personal data. Cyberattacks, especially ransomware have shed new light on the importance of privacy and security throughout the banking and financial industry’s digitization efforts. Any organisation affected by cybersecurity attacks must face a twofold legal question. First, whether or not there has been a violation of the legal security requirements? Second, is to determine whether the attack triggers Data Breach Notification to the Data Protection Authority and/or Data Owners. This paper examines the complexity of maintaining security obligations under Indonesian Law (UU ITE, UU PDP, RPP PDP, and other relevant regulations) while also highlighting the common challenges in steering Data Breach Notification, with an enhanced perspective of the European General Data Protection Regulation (EU GDPR) practices. To address the challenges of patchwork data breach notification requirements in Indonesia, this paper proposes a proactive approach by Indonesia’s future Personal Data Protection Authority in creating a one-stop notification model to enable effective data breach incident management and notification.

Legal Politics and Data Protection in Indonesia: A Case Study of the National Data Center Hacking

Introduction: This article analyzes the politics of law and data protection in Indonesia through a case study of the hacking of the National Data Center. The incident highlights significant vulnerabilities within the national data protection framework and the legal implications arising from such breaches, emphasizing the urgent need for robust legal measures to safeguard sensitive information.Purposes of the Research: The purpose of this article is to thoroughly evaluate legal policies related to data protection in Indonesia, examining the challenges and opportunities for improvement. By focusing on the hacking incident of the National Data Center, the study aims to provide insights into potential policy enhancements to better protect data in an increasingly digital world.Methods of the Research: This research employs normative research methods with a comprehensive case study approach. Data is obtained through detailed analysis of legal documents, pertinent regulations, and relevant literature. This methodology aims to offer an in-depth understanding of the current state of data protection policies in Indonesia and identify areas requiring legislative and regulatory improvements.Results of the Research: The findings reveal that current data protection policies in Indonesia are insufficient to counter advanced hacking threats. This study offers recommendations for strengthening regulatory frameworks and implementing tighter supervision to enhance national data security. It introduces a new perspective on the dynamics of data protection law politics in Indonesia, contributing to the broader discourse on data security.

Reform of Article 46 Paragraph (3) Letter C of the Broadcasting Law Regarding the Phrase "Prohibition of Advertisements Demonstrating the Form of Cigarettes": Comparative Study With Singapore

<em>This study has been motivated by the weaknesses in the formulation of the Article 46 Paragraph (3) Letter c of Broadcasting Law No. 32 of 2002, which bans only those cigarette ads showing the shapes of cigarettes and leaves room for the tobacco industry to practice indirect advertisement. The focus of this research is to assess the enforcement of limitations on cigarette promotion in broadcasting law and to explore the legal modification of c of Broadcasting Law Article 46 paragraph 3. The method of the study is a normative juridical approach and comparative law method. The findings reveal that current laws in Indonesia have been ineffective in controlling the increase of the smoking population, among the youth in particular, due to a number of issues that the tobacco industry exploits. In contrast, smoking problems are much less prevalent in Singapore which has imposed more stringent policies. Most importantly, the research also discusses that ineffective regulation in Indonesia results from poor enforcement and light punishments offered for violations of the law. Therefore,there is need for restructuring section Article 46 Paragraph (3) Letter c of the Broadcasting Law, by promoting a bitter pill approach towards cigarette advertising, in addition to the current ineffectual position interrogated, to enhance public health.</em>

UNRAVELING JUSTICE: THE EVOLVING LANDSCAPE OF CRIMINAL LAW IN THE MODERN ERA

This study investigates the evolution of criminal law in Indonesia, focusing on the impact of technological advancements, social shifts, and political changes on the justice system. Utilizing a qualitative research design, including in-depth interviews with legal experts and practitioners, as well as comprehensive document analysis, the research reveals significant trends and patterns in recent legal reforms. Findings indicate that the introduction of procedural standards, such as those outlined in Regulation No. 6 of 2019, has enhanced the transparency and efficiency of criminal investigations. Additionally, the shift towards rehabilitative and restorative justice approaches reflects changing societal attitudes towards crime and punishment. However, challenges persist in fully implementing these reforms and integrating technological advancements into existing legal frameworks. The study concludes that while these reforms contribute positively to the justice system, further research is needed to assess their long-term impacts and practical applications. Recommendations for future research include examining the effectiveness of restorative justice practices and the integration of emerging technologies. For legal practitioners, adapting to these changes and incorporating new technologies and rehabilitative approaches into legal practice are crucial for improving justice outcomes. This research provides valuable insights into the ongoing transformation of criminal law and offers guidance for both scholarly inquiry and practical application in the field of criminal justice.

Privacy Protection Guarantee For Data Hacking Victims According To Indonesian Law

Personal data leaks have become one of the major issues in cybercrime. The government has attempted to overcome this issue by implementing Law on Personal Data Protection (UU PDP) and establishing law enforcement agencies for Personal Data Protection. Despite the existence of laws that regulate and agencies responsible for this issue, personal data leaks still occur frequently. One of the cases was the leak of customer data from Bank Syariah Indonesia (BSI). This study analyzes the assurance of privacy rights concerning data managed by Big Data Controllers under the Personal Data Protection Law and identifies legal actions that victims of data hacking due to the data controller’s negligence regarding the Big Data security systems. This research uses normative juridical methods with a descriptive-analytical approach. The results of the research show that Indonesia has regulations to protect the privacy rights of its citizens, specifically in the Personal Data Protection Law which regulates actions and restoration of the right to privacy if data leaks occur by the limitations of this article.

Juridical Analysis of the Handling of Terrorism Crime

The research aims to study the police's countermeasures for dealing with acts of terrorism in Cirebon Regency, Indonesia. This study uses a normative juridical approach, focusing on analyzing legal regulations and their application in practice. The study identifies that although laws and regulations such as Law Number 5 of 2018 provide a strong legal basis, implementation still faces challenges related to the effectiveness of coordination between law enforcement officials and intelligence agencies. The findings of this study also contribute to the development of law and public policy in Indonesia by providing a solid academic foundation to support necessary regulatory changes or adjustments. The results of this analysis can help policymakers in formulating more responsive and adaptive strategies in dealing with the threat of terrorist, so as to create a stronger legal system and be able to protect society more comprehensively.

Legislative Legal Politics of Inheritance Law in Indonesia

This article is the result of research on the legal politics of inheritance law legislation in Indonesia. This study employs normative research methods, focusing on literature review and legal documents to understand the principles and regulations in force. Through the approach of case analysis, legislative analysis, and an examination of legal politics in Indonesia, the research delves into the relevant aspects. Data analysis was used to identify and understand legal norms related to inheritance distribution within the systems of customary law, Islamic law, and civil law in Indonesia. The research findings indicate that there are still many cases of inheritance disputes in Indonesia due to the ongoing discrepancies between Islamic law and customary law, civil law and Islamic law, as well as customary law and Islamic law, which leads to conflict. This can be observed through the increasing number of cases submitted regarding inheritance disputes, whether in religious courts, district courts, or handled through customary law mechanisms in Indonesia each year. However, civil law can be considered an alternative in addressing inheritance law issues in Indonesia. This is evident in the civil inheritance distribution system, which is considered fair, without discrimination between men and women

The fading social trust capital due to cybercrime in e-commerce transactions in Indonesia: the perspective of the electronic information and transaction law

Trade through electronic systems (e-commerce) is a prominent innovation of this current era. The growth of e-commerce in Indonesia is the highest in the world. Even so, there are threats to security in e-commerce due to cybercrimes, especially system interference. This leads to society’s fading trust to e-commerce businesses as a social capital. The Indonesian government has carried out efforts to prevent and handle cybercrimes through stipulations of the Law on Electronic Information and Transaction. Unfortunately, cybercrimes, especially disturbances to the electronic system, still rampantly happen Therefore, this research focuses on how far the Indonesian Law on Electronic Information and Transaction can reach that cybercrime. This was normative legal research which was a form of doctrinal legal research. It employed a data searching method in the form of library research, i.e., studying primary and secondary legal sources and analyzing them using the descriptive qualitative method with deductive logic. Results of this research showed that the Indonesian Law on Electronic Information and Transaction which keeps on experiencing amendments has not reached cybercrimes, especially crimes related to disturbances to the electronic system (system interference). It is not yet effective in guaranteeing the security of e-commerce transactions, leading to the fading of trust as a social capital. The amendment of the Law on Electronic Information and Transaction must be followed with the amendment of its implementing laws. Society must also be introduced to the importance of the Indonesian Law on Electronic Information and Transaction through massive and intensive education programs.

Criminal Liability by the Company in the Implementation of Occupational Safety and Health Management System

The purpose of this research is to find out how companies can be held accountable for their violations of the occupational safety and health management system. This research was conducted qualitatively using empirical data and legal sources of legislation. This research was conducted at the South Sulawesi Provincial Manpower Office and BPJS Employment Makassar City Branch. The results show that businesses can be criminally liable if they commit errors or omissions, such as not reporting work accidents, not registering employees in the BPJS employment social security program, and not having OHS certification for employees and operators. Criminal liability accepted by organisations includes imprisonment. In addition to criminal penalties, companies may also face administrative reprimands or fines. If companies do not implement an Occupational Safety and Health Management System, they must receive a warning. If the company does not follow the warning, the Indonesian Law No. 8 of 1981 on Criminal Procedure Law will be applied, in accordance with the provisions in PERMA No. 13 of 2016 on Procedures for Handling Criminal Cases by Companies. Companies that do not implement the Occupational Safety and Health Management System will be subject to imprisonment for a maximum of 3 months according to Article 15 of Law No. 1 of 1970 on Occupational Safety and Article 186 of Law No. 13 of 2003 on Labour.

Legal Analysis of E-Commerce Transactions Based on the ITE Law and Consumer Protection Law in Indonesia

This research aims to find out how the legal position of the parties in the implementation of online arisan and to find out how legal protection for online arisan members who are harmed due to default. The research method used is normative research method. The purpose of this method is to identify legal principles, legal rules, and expert opinions to answer issues related to legal problems, such as the legality of online arisan agreements according to the Civil Code and legal protection for online arisan members in the event of default by one of the parties. From the research conducted, the author obtained the following results: First, the legal position in online arisan consists of the arisan owner as the first party, arisan members as the second party, and the admin or arisan assistant as the third party. If there is a default during the implementation of online arisan, the aggrieved party can choose to resolve the problem through family channels. If the family route is unsuccessful, then dispute resolution must be pursued through legal channels in court by submitting a subpoena. Although the online arisan agreement is unwritten, the agreement is still considered valid. Second, legal protection for online arisan members includes preventive and repressive legal protection. Preventive legal protection for online arisan members is regulated in Article 28 paragraph (1) of Law Number 19 of 2016 Concerning the Amendment to Law Number 11 of 2008, which regulates prohibited acts in electronic transactions, as well as Article 1320 and Article 1338 of the Civil Code, which regulates the provisions of the agreement so that it can be implemented properly. Meanwhile, repressive legal protection is regulated in Article 45 to Article 52 of Law Number 19 of 2016, which regulates sanctions for violation of provisions, as well as Article 1243 of the Civil Code, which discusses compensation due to default.