Legal Chaos Research Articles

From Harm Reduction to Reproductive Justice: Lawyering in the Post-Dobbs Landscape

The US Supreme Court's decision in Dobbs v. Jackson Women's Health Organization overturned nearly fifty years of constitutional doctrine protecting the right to seek an abortion, throwing the nation into a state of legal chaos. This legal chaos has its own set of unique and harmful consequences to abortion seekers over and beyond the restricted access to care. As this article argues, helping abortion seekers, and those who would assist them, parse the changing state of the law and understand the threats in the legal landscape is a critical way that activist attorneys can help reduce harm and advance reproductive justice.

Open Season: The Targets of Dobbs

ABSTRACT Dobbs v. Jackson Women’s Health Organization took the unprecedented step of revoking a constitutional right that citizens had relied upon for half a century. The opinion created a legal chaos with no clear answers to medical crises. It also targets victims who are particularly vulnerable due to financial, medical, or legal constraints. This article examines what groups have become legal targets in the wake of Dobbs, including medically compromised patients, the intellectually disabled, immigrants, and doctors. Also discussed are those who cause abortion but have not been targeted by Dobbs (such as biological fathers and criminals who commit acts of rape or incest). A discussion of who is doing the targeting examines officials acting in a law enforcement capacity and “civilians” who have financial incentives to target vulnerable victims. Recommendations are made for effective abortion policy.

Regulating Greenhouse Gas Emissions Under the Endangered Species Act

Despite the devastating impact climate change will have on biodiversity, most legal scholars and policymakers are skeptical that the flagship statute for protecting biodiversity in the United States, the Endangered Species Act (ESA), should be deployed to regulate greenhouse gas emissions. This skepticism has been driven by the concern that using the ESA to regulate greenhouse gases could lead to administrative issues, legal chaos, and political backlash that might endanger the Act overall. In this article, I draw on three different elements to argue that the ESA could plausibly be used to regulate greenhouse gases. Specifically, I draw on recent scientific developments that help attribute impacts on biodiversity to climate change; on a common tool in environmental regulation, the general permit; and on key elements of tort law that allow for the division of liability among various actors. Together, these elements mark out a pathway by which the ESA can be used to regulate greenhouse gas emissions, and potentially produce significant funds to pay for the protection of at least some species that are threatened by climate change. I propose developing a general permit system under the ESA that would regulate large sources of greenhouse gas emissions. This system would charge a fee per unit of greenhouse gases emitted that would compensate for the proportional harm that each unit of emissions causes to species threatened by climate change. In turn, those funds can be used to facilitate conservation efforts for species that are protected under the ESA and threatened by climate change. I provide a thorough examination of how such a system would be consistent with the ESA and the implementing regulations and agency guidance documents, how it would work in practice for individual species or emitters, and how likely such a program would be to withstand judicial review. The proposal has implications beyond the ESA. It helps identify the ways in which creative regulatory approaches, such as general permits, can facilitate the adaptation of existing environmental laws, like the ESA, to the current-day context of climate change. Given the increasing impacts of climate change and the difficulties of enacting substantial revisions to environmental laws at the federal level, such creativity will be essential for a range of policy areas.

Discrepancy in the legislative regulations governing the education of advocates in Indonesia

This paper aims to describe the legal confusion that arose after the Minister of Research and Technology of Higher Education Regulation No. 5 of 2019 on the Advocate Professional Program was passed. One of the clauses in this regulation has stipulated that the Advocate Education Program is organized by a tertiary institution that has the accreditation value “B” and collaborates with advocate organizations while the Constitutional Court Decision stipulates that Advocate Professional Special Education is organized by Advocate Organizations in collaboration with tertiary institutions that have the accreditation value “B”. In addition, the factors that cause the legal confusion and how it affects the advocate education after disharmony are also the focus of this article. To reveal the various legal perceptions related to this theme, the author uses a qualitative method with a juridical normative approach. The data and information can be had by data of library and the several articles related to up-to-date themes in Indonesia. The conclusion in the article is the first that the legal chaos toccursed was caused by the factor of sectoral ego, law making factor, the weakness Legal education, and the accountability of Advocate Education Financing. second, the implementation of the advocate education had not yet has the formulation and standards, both for the Ministry of Research, Technology and Higher Education that it is all legal education in tertiary institutions and for the various advocate organizations.To anticipate the four issues that have been discussed, it is deemed necessary to conduct legal deliberations in providing win-win solutions

Legal privilege in international arbitration

It is more and more frequent that counsels from different jurisdictions are involved in preparing legal advice as companies offer their services and products abroad. This situation creates the risk that documents exchanged between clients and lawyers in one jurisdiction could be exhibited in future proceedings in another jurisdiction. Disclosure of certain information could determine several losses to businesses from prestige to lack of compensation that an unsuccessful case may entail. This type of legal chaos could diminish when business practitioners have autonomy to select the law for solution of future disputes, including the option to agree on the procedure to be followed by the adjudicator. This article analyses choice of law governing privilege by arbitrators as international arbitration is often referred to settle international disputes. Several soft law sources from arbitral institutional rules to the well-known IBA Rules on Evidence are scrutinized. It evaluates possible methods like the least protective privilege rule or the most protective privilege rules considering equal treatment. Finally, it explores the recent Unified Patent Court Rules as a source of inspiration for international arbitration.

Application of Legal Culture to National Development

The evolution of Indonesia's cultural identity has undergone a profound transformation, impacting the nation's nature, personality, and overall identity. However, this transformation hasn't been fully paralleled in the development of the country's legal culture, which lags behind in comparison. This shift in legal culture can be attributed to a blend of internal and external factors. Internally, the moral fabric of the nation plays a pivotal role in shaping the legal culture. Externally, technological advancements and the influx of foreign ideas and cultures contribute significantly. These external influences are often rooted in globalization, which exposes the nation to diverse legal frameworks and ideologies. The state of the legal culture holds substantial sway over the nation's development, and its deficiency can lead to legal chaos. Legal culture isn't just a passive component; it actively participates in the formulation of laws and their subsequent enforcement. In essence, the collapse or inadequacy of the legal culture can exert detrimental effects on the progress of the legal system and, by extension, national development. Thus, fostering a robust and adaptable legal culture is imperative to navigate the complexities of modern society and ensure coherent legal development.

Expansion of the Nature of Constitutional Court Decisions from Negative Legislature to Positive Legislature in Constitutional Law in Indonesia

The nature of the Constitutional Court's decision in Indonesia experience an expansion of meaning, which initially only gave negative legislature decisions but gave several positive legislature decisions in reviewing the Law. It is necessary to know how the constitutionality and analysis of the legal considerations of the Constitutional Court's decision which are positive in nature in reviewing laws in the field of constitutional law. The approach method used in this study is normative juridical by examining the legal principles contained in statutory regulations. Based on the results of the research, the constitutionality of the Constitutional Court's decisions which are positive legislature is an extension of the authority of the Constitutional Court in reviewing the Laws granted by the 1945 Constitution of the Republic of Indonesia, Law Number 23 of 2004 concerning the Constitutional Court, and Law Number 48 of 2009 Power Justice. Legal considerations for decisions that are positive legislature in reviewing laws in the field of constitutional law are aimed at providing substantive justice for the community, given in urgent situations, and avoiding a legal vacuum if the material of the law is canceled so as to avoid legal chaos (chaos ) .

The Military Origins of Penal Liability for Causing a Road Accident in Polish Penal Law, according to the Penal Code of the Polish Army of 1944

The aim of the article is to present the impact of military criminal law on the development of the rules of criminal liability for causing a road accident in Poland in the second half of the 20th century. The fundamental question that guides the considerations undertaken here is whether and, if so, how the military criminal law influenced the development of the principles of criminal liability for traffic offences. The analysis of legal provisions and jurisprudence showed that the post-war provisions of Polish military law were a source of inspiration for developing common criminal law, which applies to road crimes. The offence of causing an accident from art. 144 The Penal Code of the Polish Army of 1944 was implemented for the ordinary judiciary only in the Penal Code of 1969. Until then, there was legal chaos in the ordinary judiciary.

The Implementation of Land Case Handling Policy at the Land Office of Aceh Besar Regency

This paper aims to explain the implementation mechanism for handling land cases at the Land Office of Aceh Besar Regency, namely by looking for alternative solutions to problems and obstacles to handling land cases. Furthermore, to find out the legal consequences of the implementation of handling land cases that have not met the applicable regulations. The research method used is the empirical juridical method, which is a type of sociological legal research and is also known as field research. The results of the study indicate that in order to improve the implementation of National Development, with the consideration of being able to provide legal certainty and legal protection as well as achieving land order chess related to land law order, land administration order, land use order and land maintenance order, it is deemed necessary to make improvements to the provisions governing land. Legal certainty requires the availability of statutory regulations that are operationally able to support their implementation. Empirically, the existence of laws and regulations needs to be implemented consistently and consistently by the supporting human resources. Consistency in the formation of laws and regulations by every state administration official as a binding policy is needed to prevent legal chaos so that the integrity of the legal system can be maintained.

Post Conditionally Unconstitutional of Job Creation Law: Quo Vadis Legal Certainty?

Enigma emerged when the Constitutional Court declared that Law Number 11 of 2020 concerning Job Creation (UU CK) unconstitutional. The purpose of this legal research is to review the legal dynamics of the UU CK after the Constitutional Court Decision No. 91/PUU-XVIII/2020 based on the point of view of the formal review and procedural justice, as well as reviewing the relevance of the Decision as a monumental decision; while at the same time analyzing the phenomenon of 'conditionally unconstitutional' in the perspective of legal certainty and expediency. This legal research uses a conceptual approach and a statutory approach. The legal materials of this legal research consist of primary legal materials, secondary legal materials, and non-legal materials. The study results stated that the Constitutional Court Decision No. 91/PUU-XVIII/2020 is not a monumental decision, considering an omission of "freeze" norms from the UU CK. Meanwhile, if it is studied based on procedural justice and the conception of a formal review, then the UU CK should be null and void by law. Then, 'Constitutional Conditional' in the Decision of the Constitutional Court No. 91/PUU-XVIII/2020 provides legal chaos. There is a contradiction that the UU CK is declared not legally binding as a consequence of 'formal defects' from the process of forming the UU CK. Thus, the suggestion from the researcher is that the government can ratify a standard rule in the law regarding the formation of legislation regarding the construction of an omnibus law scheme.

MUSLIM AWAM DAN FATĀWĀ AL-NAWĀZIL: ANTARA MAṢLAḤAH DAN MASALAH

Legal certainty is needed so that order can be realized. One of the efforts that can be done is positive integration between the government and the ulama in determining the competence of a muftī. This article provides discourse and solutions regarding the criteria for a muftī in providing legal answers in extraordinary cases (nawāzil). Ordinary Muslims in this matter become an important concern, because they need legal certainty from experts. Wrong in seeking legal solutions, of course, has an impact on legal misguidance. More than that, the phenomenon of the emergence of an impromptu muftī, of course, can cause legal chaos. Through a literature study, this paper concludes that the presence of a credible muftī and fatwā institution is a must for a country, so that legal products that realize the benefit of the people can be realized.

The Heads of the Logging Industry during the Russian Civil War

The article examines under-researched aspects of the activity of managers of the forest industry during the Civil war. It is mainly based on archival documents that are introduced into the scholarship for the first time. The author used materials from two central and four regional archives. The territorial scope of the study covers the Penza, Samara, Saratov, Simbirsk provinces, and the Tatar Autonomous Soviet Socialist Republic. In 1918–1921, logging managers were under severe pressure from Cheka. The article deals in detail with the example of investigation on the implementation of the decree of 1919 on the procurement of wood by forest workers by personal labor in the provinces of the Volga region conducted in the summer of 1920 by the provincial emergency commissions. Frequently, in the context of the economic crisis and the legal chaos of the Civil war, some of the leading personnel of the forest industry were tempted to break the law for personal gain. However, both real criminals and falsely accused employees were arrested. According to the author, despite the spread of cases of crime among managers, most of the logging managers in extreme wartime conditions honestly fulfilled their official and civil duty, providing the country with fuel. The author comes to the conclusion that the business manager in Russia inevitably finds himself in a situation of balancing between finding the solution to the problem and malpractice bordering on a crime.

Disharmony of the Judiciary Authority against the Objects Execution of Sharia Economic Responsibility

<p><em>Juridically the Court of Religion is a judicial institution that is authorized in examining, deciding and adjudicating and resolving the whole series of legal processes against disputes that occur in the field of sharia economy through the path of litigation (ordinary Court), including in executing the right of dependent objects of sharia economic cases that implementatively this is still a conflict or disharmony of authority between the judiciary rooted in the existence of conflict norms (ambivalence) contained in religious justice laws and sharia banking laws. In addition, the position of the contract or agreement also has consequences for the existence of the Court of Religion in the execution of the right of dependent objects of sharia economic cases, especially in the field of Sharia banking rooted in the unclear choice of the legal forum (choice of forum) contained in the agreement conducted by creditors (sharia banks) and debtors (customers), thus giving birth to bias and interpretation of multi-interpretation of the arising authority of other Courts which caused the Religious Court to lose its existence in resolving sharia economic disputes. Conflict or disharmony of authority that occurs between judicial institutions in the context of the execution of the right of sharia economic case dependent object in its implementation also provides legal implications for the position of debtors and creditors in the form of legal chaos (legal disorder) and legal confusion (confuse) in the community. It reflects the process of resolving cases that are counterproductive with legal certainty that is far from the principle of the simple justice system, fast and light costs and causes a decrease in the authority and credibility of the judiciary in the eyes of the public as an institution that carries out the duties of judicial power.</em></p>

REDESAIN RANCANGAN UNDANG UNDANG OMNIBUS LAW CIPTA LAPANGAN KERJA

The investment climate is difficult to develop when there are too many overlapping regulations from the center to the regions, and the old licensing procedure is a source of ongoing problems. Seeing this, President Jokowi made a breakthrough by using the Omnibus Law for Job Creation or often referred to as the Cilaka Omnibus Law Bill. This is something new in Indonesia, but it is a breakthrough in resolving legal chaos in Indonesia. However, the desire of the Government to get a response from a fairly large wave of demonstrations from the workers and society. The demonstration was based on the contents of the articles in the Job Creation Omnibus Law Bill which were deemed to be detrimental to the Indonesian people and workers. Based on the author's opinion, we conclude several things. First, the Job Creation Omnibus Law Bill has several deeper corrections, especially in the paradigm and substance of regulations regarding layoffs, permits, and regional autonomy (decentralization). Second, the Cilaka Omnibus Law Bill intends to reduce the existence of hyper-regulation (the number of laws and regulations), but the bill creates derivative regulations that make more and more new rules emerge. So it is best if the Omnibus Law Job Creation Bill needs to be rearranged while still involving the wider community in providing input and views for the perfection of this Job Creation Bill. Keywords: Omnibus Law, Job Creation

Spinning Wheel in Perpetual Motion

The destruction of the rule of law in Poland continues, and the conflict with the European Union is escalating. Legal chaos now reigns. One-sixth of the judges in ordinary courts have now assumed office with the involvement of the National Council of the Judiciary. They have issued more than two million rulings. But as the European Court of Justice (ECJ) has confirmed, their appointment contradicted European law. According to the ECJ, Polish courts are obligated to examine the independence of these judges and their rulings. The government has been backed into a corner and is reacting by intensifying the conflict. A gag law prohibits this examination. Judges who adhere to judicial independence are bullied by the chairmen who have assumed office under the government formed in 2015, or they are treated patronisingly by the equally contentious disciplinary chamber. Now the government has resorted to the big guns. The Polish Constitutional Court, which is subservient to the government, has certified that the ECJ exceeded its powers, and that the Treaty on European Union is incompatible with the Polish constitution. Poland is facing fines and subsidy cuts, but giving in is not this government’s style..

Resolving Disputes Arising from the 2020 Presidential Election

There will likely be challenges to the validity of votes in this Presidential election which will give rise to numerous legal issues under state and federal law (both statutory and constitutional). This memorandum discusses various scenarios. The fact pattern to bear in mind is Democratic control of the process of counting the popular vote for electors and a Republican legislature (as is the case in Wisconsin, Michigan, and Pennsylvania). I first look at issues arising from the popular election of electors (such as receipt of late ballots after November 3 and challenges to signatures). State officials may or may not determine that these ballots are valid and may or may not permit certification of the selection of electors that goes beyond the December 8 date which guarantees congressional acceptance of an electoral slate (the “safe harbor” provision; 3 U.S.C. sec. 5). In any event, a federal court might decide that any such determination or certification by state officials violates Article II of the Constitution. That Article provides that the state legislature shall determine the manner of selecting electors, which rules out anything other than a reasonable interpretation of state election law by state officials. I also explain what happens if there is a tie in the electoral college – including the possibility of a tie in the House vote (by state delegations) and the likelihood that the Senate will be unable to select a Vice President as Acting President if the House fails to pick a President. I then consider what happens if a state legislature advances its own slate (without the Governor’s participation), resulting in the possibility of two slates being presented to Congress on January 6 (after the new Congress has been seated on January 3). An 1887 federal statute (3 U.S.C. sec. 15) purports to determine how Congress can choose between competing slates but that law has two major uncertainties – it does not clearly establish what role the President of the Senate (who will still be Vice President Pence) can play and how a dispute between a Democratic House and Republican Senate can be resolved. One provision of the statute suggests that, in the event of an unresolved House/Senate dispute, the slate offered by the Governor (a Democrat is the likely fact pattern) shall prevail. There is a real possibility that no President or Vice President would emerge from this legal and political chaos by January 20, when the President is supposed to take office. That would result in application of the Presidential Succession Act, which would likely lead to Speaker Pelosi becoming Acting President. At various points, the U.S. Supreme Court may be asked to resolve one or more of these legal issues (as well as some not mentioned in this abstract) and they will probably do so, despite a reluctance to become involved in “political questions”.

CONSTITUTIONAL REVIEW DI INDONESIA PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 48/PUU-IX/2011: DARI NEGATIVE LEGISLATOR MENJADI POSITIVE LEGISLATOR

The Constitutional Court carrying out its duties regarding the constitutional review acts as a negative legislator which canceling laws that are contrary to the 1945 Constitution. This study examines the political shift of constitutional review law where the Constitutional Court only acts as a negative legislator, but nowadays Constitutional Court acts as a positive legislator. The research method used is normative research. The results of this study conclude that the Constitutional Court Ruling reflects the role of a positive legislator is a progressive and responsive decision to avoid legal chaos due to legal vacuum in society. However, it does not mean that the decision of the Constitutional Court can always be a positive legislator. Only in circumstances based on 3 (three) indicators, namely: a) Justice and benefit of the community; b) An urgent situation; c) Filling out legal vacancies (rechtvacuum) to avoid chaos or legal chaos in the community, then the Constitutional Court Decision can be a positive legislator so that there is still a balance in the check and balances system. Keywords: Constitutional Review , Positive Legislator , Negative Legislator

Uwagi o celach wykonywania kary pozbawienia wolności po nowelizacji kodeksu karnego z 13 czerwca 2019 roku

The article is devoted to the consequences of the subsequent amendment of the Penal Code of 13 June 2019 for regulations in the Executive Penal Code. The author analyzes the adequacy of the purpose of executing the penalty of deprivation of liberty, as set out in Art. 67(1) of the Penal Code to the life sentence imprisonment introduced by the amendment without conditional early release from prison, as well as to raise the upper limit of the so-called ordinary imprisonment up to 30 years. In his view, the text of this provision should be changed. Its maintenance will deepen the already great legal chaos. However, the problem discussed in the article is how to change it, and whether it is possible to replace it with any other meaningful content after this amendment. In the end, the author concludes that social rehabilitation as the goal of penitentiary interactions after amendment will eventually become a dead concept.

A Study on the necessity and acceptability of the Decision of “Unconformable to Constitution” upon the Criminal Penalty Provisions

헌법재판소법 47조 제2항은 법률규정에 대한 위헌결정의 시간적 효력으로 장래효를 명시하고, 같은 조 제3항 본문 및 제4항에서는 형벌규정에 대한 위헌결정의 경우 소급효를 규정함과 함께 위헌으로 결정된 형벌규정에 근거한 유죄의 확정판결에 대해 재심을 청구할 수 있도록 하고 있다. 전면적·일률적인 소급효의 인정은 위헌인 형벌규정에 근거한 처벌과 그에 기한 법적·사실적 불이익으로부터 국민의 기본권 구제라는 관점에서는 바람직하지만, 이로 인한 국가형벌권에 대한 신뢰의 상실과 권위의 실추, 유죄판결을 전제로 행해진 법적·사실적 후속행위의 효력 등 법적 안정성의 측면에서는 여러 가지 이론적·실무적 문제점을 야기한다. 이와 같은 문제점을 해결하기 위해 위헌인 법률규정의 효력을 즉시 상실하게 하는 대신에 형식적으로 존속하게 하고 입법자의 개선입법을 통해 그 위헌성을 치유하여 합헌성을 회복하는 헌법불합치결정을 형벌규정에 대해서도 활용할 수 있는지 여부가 논의되고 있고, 헌법재판소는 이미 10차례에 걸쳐 적용중지 또는 계속적용의 헌법불합치결정을 선고한 바 있다. 위헌결정에 따른 효력상실로 인한 법적 공백과 이로 인한 법적 혼란이 우려되고, 그 공백을 메우는 데 입법자의 역할이 요청되는 상황에서는 일반 법률규정과 마찬가지로 형벌규정에 대해서도 헌법불합치결정의 필요성과 효용성이 인정된다고 할 것이다. 형벌규정의 구성요건이 지나치게 불명확하거나 처벌되는 행위의 유형이 지나치게 광범위한 경우, 구성요건적 행위에 대한 처벌의 필요성과 당위성은 충분히 인정되지만 그 법정형이 필요 이상으로 지나치게 높거나 다른 범죄행위의 법정형과 균형을 상실한 경우, 국가형벌권의 행사에 대한 국민의 신뢰 등 법적 안정성의 관점과 해당 형벌규정의 규범구조적인 특성으로 인해 위헌성을 제거하고 합헌성의 회복을 위하여 입법자의 입법적 보충(개선입법)이 불가피한 경우 등이 바로 그러한 영역에 해당한다. 형벌규정에 대해서도 헌법불합치결정이 필요하다. 다만 형벌규정의 특성상 형벌규정에 대한 헌법불합치결정은 일반 법률규정의 경우보다 더욱 엄격한 정당화 근거가 제시되어야 할 것이며, 특히 위헌인 형벌규정을 잠정적으로 적용하는 잠정적용의 헌법불합치결정을 함에 있어서는 더욱 신중하여야 할 것이 요청된다.The Constitutional Court Act(Article 47 Section 2) prescribes ‘ex nunc’ as timing effect of unconstitutionality decisions regarding of law, and in the Article 47 Section 3, it prescribes the Retroactive Application as enforcing the specific justice point of view under the condition of unconstitutionality decision to the Criminal Penalty Provision. Admitting throughout the Retroactive Application is advisable under the understanding of guaranteeing people’s human rights from penalties based on criminal penalty provision that is unconstitutional and disadvantages of Criminal Penalty Provisions, but due to this, it can cause various theoretical and practical issues under the legal stability point of view that losing trust on national criminal justice and the legal and factual effect of further actions which are done by following guilty ruling. To solve these issues, there have been discussions about how we can utilize constitutional discordance adjudication which recovers constitutionality and heals unconstitutionality by legislating laws rather than hurting the effect of unconstitutional penalty provisions. Actually, Korean Constitutional Court has already declared a few decisions of Unconformable to Constitution decisions. Legal hiatus caused by unconstitutional decisions and legal chaos are seriously considered, and for some circumstances which need legal legislators’ roles to fill legal hiatuses, in the same way of general law provisions, the necessity and acceptability of the Decision of “Unconformable to Constitution” upon the Criminal penalty provisions are also admitted. However, as the essence of Criminal Penalty Provisions, regarding of the Decision of “Unconformable to Constitution”, there should be more critically justifying reasons than general legal provisions, especially, as making constitutional discordance adjudication of temporary application that applies decisions of Unconstitutionality on Criminal Penalty Provisions, it is requested to make decisions much carefully.

Harmonization of Regulations Regarding Press Coverage Respect the Principle of Presumption of Innocence in the Press Law

This journal aims to examine the need for harmonization of press reporting arrangements that respect the presumption of innocence and the competence of journalists to write legal news and standards for the journalist profession in the Press Law. This harmonization is intended so that one material with another material can complement each other to respect the presumption of innocence. The aim is to avoid a legal vacuum, because of things or circumstances that have not been regulated in the Press Law, or even if they have been regulated in a statutory regulation but are not clear or even incomplete. Legal vacancies eventually lead to legal uncertainty (rechtsonzekerheid), which will further create legal chaos (rechtsverwarring). This legal uncertainty, so journalists who write legal news are not supported by adequate legal knowledge, and journalist professional standards also use different recruitment criteria. As a result, it creates difficulties to create a responsible press. Keywords: Harmonization, Regulation, The Press Respects The Principle Presumption Of Innocence. DOI : 10.7176/JLPG/91-10 Publication date: November 30 th 2019