Indonesian Legal System Research Articles

Justice Connectivity in the Criminal Prosecution of Human Trafficking

Introduction: The involvement of members of the army of the Republic of Indonesia and The Police of the Republic of Indonesia became a special obstacle in the handling of human trafficking cases. The difficulties are due to the existence of special regulations governing the courts applicable to members of the Indonesian army who commit criminal acts.Purposes of the Research: The case may be dealt with in conjunction with a criminal offense of trafficking in persons, given that the offense has fulfilled the element of involvement (also, deelneming) or jointly (mede dader) between a civilian and a person with military status in the criminal offense of trafficking.Methods of the Research: The research used normative jurisprudence, focusing on primary legal material such as Act No. 21 of 2007 on Punishment of Trafficking in Persons, Law No. 31 of 1997 on Military Justice, and Law No. 2 of 2002 on the State Police of the Republic of Indonesia. The research was descriptive-analytical, interpreting the law according to its context and analyzing its results in a qualitative, descriptive manner. Secondary legal material included publications on human rights protection, particularly those relating to women and children. The fact approach was used to study human trafficking facts and provide critical analysis. Library documents, books, and journals were also analyzed. Data analysis involved document study techniques and qualitative analysis, with the results and author's analysis of relevant theories.Results of the Research: The article addresses the Indonesian Army and Police's involvement in human trafficking offenses, emphasizing the intricacies and problems of prosecuting such instances. The author believes that the judicial system must promote justice and openness in such circumstances. The Indonesian legal system recognizes both military and civilian jurisdiction over crimes committed by military personnel, but implementation gaps cause uncertainty and delays in judicial processes. Handling crimes involving several institutions necessitates close teamwork, particularly among the Indonesian army and police. The mechanism to facilitate collaborative processing of human trafficking cases is connectedness justice, which decides which court has the authority to punish members of the Indonesian army for human trafficking.

Justice Connectivity in the Criminal Prosecution of Human Trafficking

Introduction: The involvement of members of the army of the Republic of Indonesia and The Police of the Republic of Indonesia became a special obstacle in the handling of human trafficking cases. The difficulties are due to the existence of special regulations governing the courts applicable to members of the Indonesian army who commit criminal acts.Purposes of the Research: The case may be dealt with in conjunction with a criminal offense of trafficking in persons, given that the offense has fulfilled the element of involvement (also, deelneming) or jointly (mede dader) between a civilian and a person with military status in the criminal offense of trafficking.Methods of the Research: The research used normative jurisprudence, focusing on primary legal material such as Act No. 21 of 2007 on Punishment of Trafficking in Persons, Law No. 31 of 1997 on Military Justice, and Law No. 2 of 2002 on the State Police of the Republic of Indonesia. The research was descriptive-analytical, interpreting the law according to its context and analyzing its results in a qualitative, descriptive manner. Secondary legal material included publications on human rights protection, particularly those relating to women and children. The fact approach was used to study human trafficking facts and provide critical analysis. Library documents, books, and journals were also analyzed. Data analysis involved document study techniques and qualitative analysis, with the results and author's analysis of relevant theories.Results of the Research: The article addresses the Indonesian Army and Police's involvement in human trafficking offenses, emphasizing the intricacies and problems of prosecuting such instances. The author believes that the judicial system must promote justice and openness in such circumstances. The Indonesian legal system recognizes both military and civilian jurisdiction over crimes committed by military personnel, but implementation gaps cause uncertainty and delays in judicial processes. Handling crimes involving several institutions necessitates close teamwork, particularly among the Indonesian army and police. The mechanism to facilitate collaborative processing of human trafficking cases is connectedness justice, which decides which court has the authority to punish members of the Indonesian army for human trafficking.

Reactualizing Indonesia's Legal System: A Comprehensive Critique and Proposals for Reform

This text provides a comprehensive critique of the legal system and law enforcement in Indonesia, addressing challenges and proposing solutions. It discusses issues such as formalism, case backlog, and the need for innovation in judicial decision-making. The analysis emphasizes the importance of reactualizing the legal system, integrating local laws into the national framework, and implementing institutional reforms for law enforcement agencies. Additionally, the text advocates for empowering society through increased access to government functioning and legal awareness. The role of bureaucracy in development and challenges posed by political and constitutional phenomena are explored. The article outlines four key problems requiring attention: legal system reactualization, institutional restructuring, community empowerment, and bureaucratic empowerment. Ultimately, the analysis calls for a paradigm shift in legal philosophy and proposes improvements across various facets of Indonesia's legal system and law enforcement.

Implications of Changes in the Criminal Procedure Law of the ITE Law on Individual Rights in the Indonesian Legal System

The revision of the Electronic Information and Transactions Law (UU ITE) in Indonesia has become a hot topic of debate. Institutions and activists such as the Institute for Criminal Justice Reform (ICJR) and the Press Legal Aid Institute (LBH Pers) have presented various arguments regarding the impact of these changes. This article outlines the five main arguments advanced by the ICJR and LBH Pers. First, there is an objection to Article 27 paragraph (3) which regulates insults and defamation. Second, changes in criminal procedural law raise concerns about the discretionary authority of law enforcement officials without involving the courts. Third, the addition of cyberbullying-related crimes raises concerns about the potential for over-criminalization. Fourth, governments are given additional powers to filter and block content, which can result in potential abuse. Finally, the fifth argument relates to the "right to be forgotten" clause which can be used as a tool of censorship against news publications and journalists about one's past. This article also examines the impact of information technology developments on computer crime and underscores the importance of protecting individual rights and free speech in the digital age.

Enholding The Relevance Of The Traditional Constitution In Indonesia: A Path To An Integrated National Law

<p><em>Customary constitutions in Indonesia are scattered in various regions at the village, sub-district, district, city, province, and even archipelago levels. The codification and unification of laws are increasingly undermining the existence of customary constitutions in Indonesia. The existence and position of the customary constitution are increasingly unclear in the regulatory framework in Indonesia. Maintaining the customary constitution is crucial as it can serve as a spirit and guide in the formation of national law. To remind the nation again about the spirit of being cultured and to give the nation confidence in the nation's civilization, it is necessary that the customary law be placed in an equal position with the existing and recognized statutory order in Indonesia. For this reason, it is necessary to provide a separate place for the growth and development of customary law as part of the nation's wealth and as a reference in the formation of national law so that in every formation of statutory regulations, it always reflects values. is contained in the nation's customs, especially those related to basic law, namely the customary constitution in Indonesia. This paper uses a sociological normative writing method, which will provide an overview of the position and status of the customary constitution in the Indonesian legal system. So it is hoped that through writing this journal, it can provide an understanding of how important the position of the customary constitution is in the development of law in the modern era.</em></p><p class="TableParagraph"><strong><em>Keywords:</em></strong></p><p><em><em>Position of the Customary Constitution, Indonesian Legal System</em><br /></em></p>

THE USE OF JURISPRUDENCE IN INDONESIAN LAW COURT AS A CIVIL LAW COUNTRY

<p>Jurisprudence refers to the decisions made by earlier judges regarding cases that are not covered by the law and which serve as a model for later judges when deciding cases of a like nature. The Supreme Court is an entity with judicial authority in Indonesia and has the authority to publish rulings. As a civil law country, Indonesian law courts do not use jurisprudence as a main legal source. Court judgments under this system are predicated on pertinent laws and regulations, such as the 1945 Constitution, MPR Decrees, Laws, Government Regulations, Presidential Decrees, Supreme Court, Ministerial Decrees, and others. This means that the judge's judgement, which is based on the facts or the available evidence, has some latitude. On the contrary, some countries use common law as their legal system. This legal system favours customary law, which changes over time in accordance with societal changes. In order to ensure that the law is always consistent with a feeling of justice and advantages that are felt immediately by the community, it was established via a judicial institution with a jurisprudence system that is regarded to be superior. Although the Indonesian legal system does not operate on a precedent system, general court judges or judges in lower-level courts are nonetheless required to take the Supreme Court's rulings seriously. This paper will be written as a discussion of how Indonesian law court as a civil law country utilises the jurisprudence, which is the product of common law system, even when it is not commonly used. This paper will also be written to elaborate the comparison between the use of jurisprudence in civil law countries such as Indonesia, and the origin countries that are using the common law system.</p><p>Keywords: Jurisprudence, Indonesian Law Court, Civil Law Country</p>

Analysis of The Role Based on The Customary Criminal Justice System of Dayak Bangkalaan in The National Criminal Justice System


 
 
 This research is motivated by indigenous peoples' belief in customary rules which encourages studies on their legitimacy in the Indonesian legal system. The author collected study samples from the Bangkalan Dayak tribe in South Kalimantan Province as an example of an Indonesian customary village. This study focuses on two formulations of problems, namely the role of the customary criminal justice system in the national criminal justice system and the impact of Dayak Bangkalan customary criminal justice law enforcement when related to the national criminal justice system. This research is a sociological legal research, the legal data collection technique is carried out through literature review, including primary legal data, secondary legal data, and tertiary legal data related to this research. The result of the study is that the state recognizes the existence of customary law communities in accordance with Article 18B of the 1945 Constitution of the Republic of Indonesia. Even though there is no legal framework that can regulate this at the national level, the mandate of regional legislative policy still recognizes the existence of customary courts. This is evidenced by the existence of regional regulations that recognize and protect indigenous peoples. In addition, the results of the study conveyed that the legal implications arising from customary court decisions turned out to be able to be used as legal data in national criminal courts.
 
 

Law Enforcement Regarding Human Rights According to Positive Law in Indonesia

This article discusses the importance of recognition and protection of human rights in the Indonesian legal system, focusing on the 1945 Constitution and its amendments, as well as Law No. 39 of 1999. Furthermore, the article highlights the establishment of law enforcement agencies, such as Komnas HAM, as a commitment by the government to ensure justice. The Second Amendment of 2000 strengthened the position of human rights in the hierarchy of national legal norms. This research aims to explore the mechanisms for applying the law to human rights violations and the remedies required in Indonesia. The application of law includes legal groundwork through the Human Rights Court, while remedies involve mechanisms such as peace, consultation, and mediation, which must take into account cultural and social values. With active community support and coordination of relevant institutions, human rights enforcement is expected to remain in line with local and universal values.

Penegakan Hukum Pidana Bagi Terdakwa Pengedar Narkoba Oleh Penyandang Disabilitas Intelektual

This study aims to determine the criminal responsibility of intellectual disabilities in the legal system in Indonesia and examine how the accountability of drug dealers by people with intellectual disabilities in Decision Number 290 / Pid.Sus / 2019 / PN.Tng which decided the defendant to release and Decision Number 1364k / Pid.Sus / 2017 which decided the defendant to be imprisoned, whether the judge's consideration in deciding the two cases was in accordance with Law Number 35 of 2009 on Narcotics and Article 44 of the Criminal Code. This research is a type of normative legal research that is prescriptive and applied. This legal writing uses a statutory approach and a case approach. The technique of collecting legal materials carried out is by literature study.

The Legal Framework in Addressing Modern Slavery and Human Trafficking a Focus on Indonesia

The legal, sociological, and practical aspects of stopping human trafficking and modern slavery in Indonesia are examined in this study. The study uses a mixed-methods approach, combining in-depth interviews with key informants from several sectors participating in anti-trafficking operations with normative analysis. The interviews provide rich insights from legal experts, law enforcement authorities, government representatives, NGOs, judicial staff, journalists, international organizations, and social workers; the normative analysis highlights the advantages and disadvantages of Indonesia's legal system. The results highlight difficulties such as a lack of resources, problems with coordination, and socioeconomic variables that increase susceptibility. Regular evaluations of the legal framework, improved coordination, victim-centric strategies, responsible media coverage, and international cooperation are among the recommendations. This study adds to the larger conversation about preventing human trafficking by providing a thorough grasp of the complex issues and viable solutions in the Indonesian setting.

The existence of judgeʼs authority norm in preliminary review as an embodiment of the principle of immediate procedures in civil procedure law

A significant issue in the Indonesian legal system is the accessibility to justice in civil proceedings. This problem primarily arises from the rigid and time-consuming formal requirements, which hinder many individuals from effectively resolving their cases. Failure to meet these formal prerequisites often leads to case dismissals, ultimately impeding the application of the principle of a fast court process. This study aims to explore the extent of judgeʼs authority in assessing these formal requirements during the preliminary review in Indonesia. It adopts a normative juridical research approach, focusing on legislative and conceptual aspects. Primary, secondary, and tertiary legal sources are analysed using various interpretation techniques, including grammatical and systematic interpretations. The findings reveal two contrasting viewpoints: the principle of a passive judge, which views judges as mere court observers without active involvement, and the emerging perspective emphasizing the role of an active judge. The concept of an active judge allows judges to advise plaintiffs on improving their claims if they fail to meet formal requirements, preventing the dismissal of their cases. In administrative and constitutional court proceedings, some mechanisms exist for reviewing and completing claims during the preliminary phase. However, it is essential to note that judges in civil proceedings lack a specific legal basis for providing guidance and recommendations to plaintiffs, and such actions are considered optional rather than obligatory. This lack of concrete implementation of the principles of expediency and access to justice in civil proceedings results in a backlog of cases and numerous cases being dismissed. The results of the study can be used in further regulatory adjustments regarding judgeʼs authority norm for ensuring preliminary review conduct

Presidential Nomination in the Indonesian Legal System

Presidential Nomination in the Indonesian Legal System

THE APPLICATION OF TECHNOLOGY AND INFORMATION DEVELOPMENT IN ELECTRONIC TRAFFIC LAW ENFORCEMENT (ETLE) TO SHAPE PUBLIC AWARENESS

The legal system in Indonesia requires breakthroughs amidst the increasingly sophisticated technological developments today. Indonesia has Electronic Traffic Law Enforcement (ETLE) as one of the implemented technologies, which electronically records traffic violations. This is done due to limited human resources in traffic police and high legal needs. The use of electronic fines (E-Tilang) is also intended to address public complaints about the ineffectiveness of fines that enter the state treasury because the process of paying court tickets is often inefficient and time-consuming. The method used in this research applies a descriptive-qualitative method. The results of this study state that in practice, ETLE can only detect certain violations such as traffic sign violations. This shows how important it is to comply with traffic regulations and therefore, the ETLE system must be integrated with the national database, and to address these violations, a specific big data system must be created. Thus, it can be concluded that the enforcement of ETLE is still ineffective in addressing traffic violations on the roads in Indonesia.

Police Authority In Handling Corruption Crimes Under Law No. 2 Of 2002 Concerning State Police Of The Republic Of Indonesia

The criminal act of corruption is a latent danger for Indonesia because the negative impacts and the causes are very dangerous for the economy and social order. This research aims to determine the regulation of the authority of law enforcement agencies in handling criminal acts of corruption in the legal system in Indonesia and how the authority of the police in handling criminal acts of corruption in Indonesia. As normative legal research, the research examines laws and regulations related to criminal acts of corruption.Research results: Regulation of criminal acts of corruption in Indonesia is regulated in the Corruption Eradication Law Number 20 of 2001, and Law Number 8 of 1981 concerning the Criminal Procedure Code. The Criminal Procedure Code only recognizes 2 institutions or agencies that have the authority to handle criminal acts, namely the Police and the Prosecutor's Office. In Law Number 20 of 2001, the investigative authority is contained in the institutions that have the authority to handle criminal acts of corruption, namely the Police, Prosecutor's Office and the Corruption Eradication Commission. Law Number 2 of 2002 concerning the National Police of the Republic of Indonesia, aims to strengthen the position and role of the police as an integral part of overall reform efforts. The development and progress of society as well as the emergence of the supremacy of law, globalization, transparency and accountability have given rise to a new perspective on the duties, functions, authority and responsibilities of the police which has led to the growth of various demands and expectations from the public regarding the implementation of police duties oriented towards the interests of the community.

The Legal Politics of Outsourcing and Its Implication for the Protection of Workers in Indonesia

This research aimed to analyse where the legal politics concerning outsourcing in Indonesia's legal system by scrutinizing its regulation in Book III of the Civil Code and enforcement of the Government Regulation in lieu of Law concerning Job Creation Law Number 6/2023, with its following implication to protect workers at the national level. This research employed doctrinal legal research on legal instruments related to outsourcing with statutory, conceptual, and historical approaches. The research showed that legal politics concerning outsourcing had experienced dynamic congruence with the political configuration when the legislative product on outsourcing was made. The differences emerge where outsourcing is not restricted to certain occupations in Book III of the Civil Code of Indonesia. However, Law Number 13/2003 restricted the definition of outsourcing to occupations not related to core businesses. Law Number 11/2020 and Government Regulation Number 35/2021 fit employers. Both laws govern the legal protection for outsourced employees with the transfer of undertaking to protect employment regarding changing vendors with the condition that the jobs are still available. Meanwhile, the type of work outsourced is unlimited, resulting in a deficit compared to the previous norm.

Constitutional Views On LGBT (Lesbian, Gay, Bisexual, Transgender) Rights In Indonesia

In the present era, influenced by globalization, the Lesbian, Gay, Bisexual, and Transgender (LGBT) community is increasingly spreading worldwide. Unlike in the past when they were more discreet, they are now bolder and more vocal in expressing their existence. The most commonly cited reason is the assertion of human rights, with the argument that, based on human rights principles, they seek recognition and protection by the state in accordance with the constitution. This research aims to examine whether the rights of the LGBT community are protected by the constitution and what rights are specifically safeguarded. The results of this legal writing research indicate that the rights of the LGBT community as citizens are accommodated in Indonesian legislation, as evidenced by the principles of Pancasila, the Constitution, and other legal regulations. Similar to other citizens, the rights of the LGBT community encompass freedom, but they are also subject to obligations to comply with the legal system in Indonesia.

Sharia Cooperative Business Dispute Resolution in Indonesia Accepted Under the Guidelines of Sharia Economic Law

The purpose of this study was to clarify how Sharia Economic Law is used to settle disputes involving cooperative businesses in Indonesia. This study uses a qualitative approach to the literature to investigate secondary data sources pertaining to Indonesian legislation and regulations pertaining to commercial conflict resolution. The findings demonstrated the crucial role that sharia cooperatives play in the Islamic economic system, particularly as a substitute finance source for the lower middle class. According to Indonesia's legal system, sharia business disputes, including those involving sharia cooperative businesses, can be settled through family mediation, legal proceedings in religious courts with absolute jurisdiction, arbitration, or alternative dispute resolution organizations like LAPSPI (banking), BMAI (insurance), BMDP (pension funds), BAPMI (capital market), BMPPVI (venture capital), and BAMPPI (guarantee). The establishment of LAPS Cooperatives that mesh well with the cooperative's spirit and have access to human resources with expertise in sharia-based cooperative business become crucial factors to take into consideration. Sharia cooperatives are seen as a unique type of business entity that operate member-based businesses that simultaneously hold two statuses (owner and user) and cooperative wealth owned by all cooperative members who run their businesses according to sharia principles

Analysis of Challenges and Prospects for Dispute Resolution through the National Sharia Arbitration Board in the Indonesian Legal Context

This research explores the challenges and prospects for dispute resolution through the National Sharia Arbitration Board within the Indonesian legal context. Utilizing qualitative research methods, including interviews, case studies, content analysis, and comparative analysis, the study identifies institutional challenges such as resource constraints, procedural complexities, and limited jurisdiction. Legal and cultural factors, including the harmonization of laws, cultural sensitivity, and gender equity, are examined. Case studies illustrate the Board's efficacy in family disputes while revealing challenges in handling commercial disputes. Prospects for future development encompass legal reforms, capacity building, and public awareness initiatives. A comparative analysis with global Sharia arbitration bodies provides insights into shared challenges and distinctions. The implications for the Indonesian legal system highlight the need for strategic interventions. Overall, this research contributes to a nuanced understanding of the National Sharia Arbitration Board's role and suggests pathways for its sustainable development

In Indonesia, Hope For The Omnibus Law Method As A Solution To Hyper Regulation

<em>This study aims to describe the expectations of the Omnibus Law Method as a solution to regulatory problems in Indonesia. The research method used is a normative juridical approach with statutory and conceptual approaches. Analytical tools based on the SWOT framework are used to examine primary, secondary, and tertiary sources of law. Due to the overwhelming volume of federal and state laws, the government has chosen to implement sweeping "omnibus" legislation. It's true that rules may be streamlined using the Omnibus approach. One of the goals is the organization of rules, which cannot be achieved if the Formation of Legislation using the Omnibus Law approach is not executed correctly. The success and advantages of the enacted Omnibus Law will determine the future of the method's acceptance in Indonesia's legal system. The regulatory framework is inseparable from the legal underpinnings, apparatus, culture, infrastructure, information technology, and funding that sustain it. The concepts of transparency, caution, and promoting public engagement are essential in Indonesia for applying the Omnibus Law.</em>

Critical Study of Sharia Regional Regulations on Women's Emancipation

Sharia regional norms include Islam's dominant status, the principle of regional autonomy, and the Constitution of Indonesia, which served as its foundation. This is because several Sharia regional restrictions, such as the need to wear the headscarf and the ban on curfews for women, are discriminatory against women. This study aims to (1) determine whether or not regional governments have the ability to create Sharia regional laws and (2) identify the legal basis for Sharia regional regulations that do not allow for women's liberation. This study will be evaluated descriptively, using normative research with a statutory approach. Our findings indicate that Article 29 and Article 18 (paragraphs 1 and 2) of the Constitution provide the constitutional basis for the power to create Regional Regulations. Since the indications, constraints, and contents that Sharia regional rules may apply are not defined in the Indonesian legal system, the formulation of regional laws and their application remains controversial. Because of this, women may feel uneasy with the Sharia Regional Regulations. Furthermore, the Ministry has the authority to nullify contracts that violate regional Sharia norms that oppose and do not accommodate women's liberation. To better safeguard women's rights within the framework of Islamic law, the legal scholarship critical of Sharia regional restrictions and women's liberation is crucial. This study can significantly contribute to improving the legal framework and delivering gender equality and social justice by providing a critical analysis of rules and their implementation.