Indonesian Legislation Research Articles

Dapur Makanan Pendamping-Air Susu Ibu (MP-ASI) di Daerah Bencana Malampah, Pasaman Barat

Indonesia legislation number 24 of 2007 at 55 concerning disaster management states that children (babies and toddlers) are a vulnerable group when a disaster occurs.1 Children are a vulnerable population and have special health problems that must be considered when a disaster occurs. One of them is the very limited availability of complementary foods (MP-ASI) and this condition will worsen the nutritional status of children in disaster areas.2,3,4 The provision of food menus for toddlers in natural disaster conditions is limited because public kitchen do not prepare special menu for toddlers so that children consume food that is also consumed by adults, including instant food. The availability of MP-ASI ingredient can be achieved from public kitchens with the help and cooperation of various parties including volunteers by setting up MP-ASI kitchen so that nutritional intake for toddlers is fulfilled in disaster conditions.5 This was a activities report on establishing MP-ASI in the disaster area, Malampah, Pasaman. It has been expected to be a reference for establishing MP-ASI kitchen in disaster area, as consideration in creating operational standards for establishing MP-ASI kitchen in disaster area, and assist in managing public MP-ASI kitchen in natural disaster area.

The Road to Changes in the Preparation of Law No. 15 of 2019 over Law No. 12 of 2011

This article analyzes the changes that have occurred in drafting legislation in Indonesia through Law No. 15 of 2019 as an amendment to Law No. 12 of 2011. This research evaluates the impact of these changes on public participation, transparency, and regulatory quality. The findings indicate increased public participation, stronger oversight, and improved regulatory quality. The implications of these changes in legal and social contexts are also discussed, along with recommendations for further refinement in drafting legislation in the future.

KRUSKAL WALLIS ANALYSIS TO FIND OUT THE IMPROVEMENT OF DESIGN THINKING SKILLS IN OBJECT-ORIENTED PROGRAMMING MATERIALS THROUGH EDUCATIONAL CONTENT

Education legislation in Indonesia currently requires Informatics subjects, which is closely related to programming-based material. However, many students in Indonesia still have difficulty learning about programming material. One of them is due to the background of students about the ability to think in the process of solving a program code. Seeing the phenomenon of today's students who are active on social media, it is a good step if social media is used as a learning media platform. This study aims to analyze the improvement of design thinking skills by using educational content-based learning media. The research method used was R&D with the ADDIE media development model and One Group Pretest-Posttest as the research design. The results showed an increase after students were given treatment in the form of educational content based learning media. The Kruskal Wallis test results showed a significant difference between the upper class, middle class, and lower class. The N-Gain obtained in the upper class is 0.560, in the middle class is 0.505, and in the lower class is 0.303. The average value of the results of student responses to learning media is 96.59 percent with the category "Very Good".

Strengthening Indonesia’s Strategic Trade Management Regulation Against Proliferation of Weapons of Mass Destruction

International law governing the control of WMD proliferation cannot solely focus on state actors but must also include non-state actors. To address the risks and combat the proliferation of WMD by non-state actors through the ordinary course of trade, the UNSC issued Resolution 1540, which contains the obligation to adopt domestic policies to prevent WMD proliferation. Indonesia has a legal obligation to comply with and implement this resolution under international law. This paper discusses the need assessment for Indonesia to enact a solid regulatory framework to implement Strategic Trade Management (STM). This paper questions how STM regulations are governed in the Indonesian context presently and how they should be regulated better to accommodate contemporary dynamics. This study is a legal and policy study involving literature review or desk research. Literature review involves gathering data and information such as literary texts, policy papers, legislative regulations, and other relevant documents. This study finds that even though Indonesia had already implemented some form of STM policy through export-import control and restriction (larangan dan pembatasan), it still left out the gap in properly regulating dual-use goods. Strategic goods regulation in Indonesian legislation is not intended in the context of dual-use goods, as export/import restrictions are designed to enhance Indonesia’s product competitiveness and market expansion, both domestically and internationally, increase the capabilities of exporters/importers, and enhance national product development and innovation. Implementation of STM policy One of the objectives that can be achieved is maintaining national security, especially in providing a sense of security for the Indonesian people and businesses. Implementing STM will also benefit businesses by reducing the risk of financial losses, such as being involved in export/import transactions prohibited by other countries or even by Indonesia. Moreover, by implementing STM, it is not unlikely that investment from countries with high technology will increase.

Fast-Track Legislation: The Transformation of Law-Making Under Joko Widodo’s Administration

<div class="WordSection1"><p>Since the end of 2019, the President and the House of Representatives had performed different legislative functions. Since the Law on the Commission Eradication Commission was amended, legislation had dramatically been transformed. Several laws have been passed and amended quickly. This study discusses three legal issues. <em>First,</em> the conceptual limitation of fast-track legislation in Indonesia. <em>Second</em>, the rationale behind fast-track legislation under Joko Widodo's administration. <em>Third</em>, the impact of fast-track legislation under Joko Widodo's administration. In this <em>socio-legal</em> study, a qualitative analysis is conducted. This study has identified that (1) fast-track legislation in Indonesia can only be adopted through <em>Perpu</em> with all its exemptions and exceptions; (2) the transformation of law-making under Joko Widodo's administration is associated with political pragmatism, political personalization, the elimination of the opposition, and cartel parties; and (3) the transformation of law-making under Joko Widodo's administration is detrimental to the future of Indonesia's democracy. The transformation has degraded the quality of deliberation in law-making. Besides, it does not adhere to law-making procedures, resulting in elitist and conservative laws.<em></em></p></div><p><em><br clear="all" /></em></p>

Non-Penal Policy In Tackling Cyber-Bullying Through Integrated Cyber-Prevention

Technological developments have given rise to new digital crimes. One of them is the crime of cyberbullying, which has become a crucial problem that requires serious attention. Considering the effects of crimes that do not only affect the physical and psychological disorders of their victims, overcoming cyberbullying is not enough just through prosecution or repressive efforts. In addition, there are still weaknesses in the legal provisions in Indonesia. Alternative efforts are needed to prevent and minimize cyberbullying crimes. The purpose of this research is to find out how the form of weaknesses in the regulation of cyberbullying crimes in Indonesian legislation and how efforts to prevent cyberbullying crimes through integrated cyber prevention. this research is a type of juridical-normative research. The results show that the crime of cyberbullying has been accommodated with several provisions of laws and regulations in Indonesia, but there are no provisions of articles whose formulations specifically and limitatively regulate the elements of the crime. integrated cyber prevention by combining technological approaches and prevention based on educational approaches. This includes the provision of parental control functions to prevent the spread of negative content that leads to cyberbullying on smartphones and PC applications. In addition, the government's prevention efforts are also carried out through counseling, education, campaigns, and community support, as well as the establishment of a cybercrime division by the National Police Headquarters to prevent and prosecute cyberbullying crimes.

Normative Harmonization: The Eclecticism of Talak Law as a Compromise between Islamic Legal Principles and Indonesian Legislation

This article discusses the validity and legal consequences of divorce in Islamic law and positive law in Indonesia. This research uses a qualitative approach with deductive analysis method and literature study with Normative-Juridical approach. The results show that divorce is considered valid in Islamic law if it fulfills the predetermined conditions. On the other hand, in Indonesian positive law, divorce is recognized as valid if it is carried out through a court hearing process in accordance with Law No. 1 of 1974 concerning Marriage. In terms of post-divorce legal consequences, both Islamic law and Indonesian positive law regulate the rights, positions and obligations of former husbands and wives. Indonesian positive law, particularly in relation to divorce, has undergone legal eclecticism, incorporating the principles of legality, justice and humanity. Meanwhile, in the context of Islamic law, these principles are manifested in the concept of mashlahat, which covers five aspects, namely the maintenance of religion, soul, mind, offspring, and property.

Penyuluhan Tentang Edukasi Asi Eksklusif Guna Persiapan Pemberian Asi Eksklusif di PMB Nosita Damayanti Simo

Exclusive breastfeeding has been stated in various regulations and legislation in Indonesia. One of them is based on the decision of the Minister of Health of the Republic of Indonesia Number 450/MENKES/SK/IV/2004 concerning exclusive breastfeeding..According to Roesli, this is because breast milk is the right intake because its composition always adapts to the baby's body and the development of the systems within the body. Education is expected to be a means of obtaining information, knowledge and a means of discussing problems faced by breastfeeding mothers.How to increase mothers' knowledge and understanding regarding the importance of preparing for exclusive breastfeeding through exclusive breastfeeding education for pregnant women so as to increase coverage of exclusive breastfeeding in Simo Village, Boyolali Regency. Methods for implementing outreach activities aboutExclusive breastfeeding education to prepare for exclusive breastfeeding at PMB Nosita Damayanti SimoThis is a method of health education in the form of counseling. The target is third trimester pregnant women who are members of the pregnant women class. The result was that there were 15 counseling participants who experienced an increase in knowledge after being given education about exclusive breastfeeding from 21 participants. Advice for pregnant women in the third trimester is to give breast milk as soon as the baby is born until 6 months. Keywords: Education, exclusive breastfeeding

Juridical Review Of The Authority Of Civil Servant Investigators In Conducting Forced Searches Of Violators Of Local Regulations Based On The Provisions Of Indonesian Laws And Regulations

In this study the author discusses one of the problems regarding the authority of civil servant investigators (PPNS) in carrying out forced searches based on the provisions of laws and regulations in Indonesia. The purpose of this study is to determine and analyze the authority of civil servant investigators (PPNS) in conducting forced searches based on the provisions of laws and regulations in Indonesia and to determine and analyze civil servant investigators (PPNS) can make forced searches of perpetrators suspected of committing criminal violations of local regulations. The research method uses normative legal research, so the research approach taken is a statute approach, conceptual approach, and case approach. The results of this study are the first, the authority of civil servant investigators (PPNS) according to Indonesian legislation is regulated in the provisions of Law No. 8 of 1981 concerning Criminal Procedure Law (KUHAP) Government Regulation No. 43 of 2012 concerning Procedures for Implementing Coordination, Supervision, and Technical Guidance of Special Police, Civil Servant Investigators, and forms of Private Security, Regulation of the Chief of the Indonesian National Police Number 14 of 2012 concerning Management of Criminal Investigations, Regulation of the Chief of the Indonesian National Police Number 6 of 2010 concerning Investigation Management by Civil Servant Investigators. Secondly, the provisions of the above laws and regulations that in the event of a criminal offense in the region, civil servant investigators (PPNS) can search the perpetrator of the offense, but still the PPNS authority must be expressly regulated in the provisions of regional regulations because however PPNS in the regions must be subject to Regional Regulations that regulate their authority.

Urgensi Pengadopsian Ekosida Dalam Sistem Hukum Nasional Sebagai Respon Menghadapi Ancaman Krisis Lingkungan Hidup

The right to a healthy environment is enshrined in Article 28H paragraph (1) and Article 33 paragraph (4) of the 1945 Constitution of the Republic of Indonesia. These provisions assert the entitlement of every individual to a favorable living environment grounded in environmental understanding. Nonetheless, this principle stands in stark contrast to the prevailing reality. Within WALHI's documented records, three instances of ecocide crimes have occurred in Indonesia, encompassing the Lapindo mudflow, forest and peatland fires in Central Kalimantan, and the development of hydropower plants in Koto Panjang. Ecocide serves as a glaring testament to the classification of environmental offenses as extraordinary crimes, given their capacity to erode the fundamental tranquility of human existence. This composition adopts a normative juridical approach, employing legislative, comparative, conceptual, and analytical dimensions. The focal aim of this discourse is to scrutinize the ecocide threat, its incorporation within a framework of conscientiousness, and its correlation with Pancasila as a responsive measure against environmental perils. Recommendations set forth encompass: a) the formulation of definitive legislation in Indonesia concerning ecocide; and b) a comprehensive legal examination, entailing an in-depth analysis of the scope, regulatory orientation, and content, taking into profound account philosophical, sociological, and juridical facets.

ANALYSIS OF INFORMATION TECHNOLOGY CRIME AND CRIMINAL LAW ENFORCEMENT POLICY EFFORTS IN THE ERA OF GLOBALIZATION

<p>The era of globalization influences the development of technology<br />and the internet for human life. Cybercrime can be carried out as a form of crime by involving several perpetrators in several jurisdictions of different countries, with target victims in other countries as well. This study analyzes the laws and regulations related to cybercrime in Indonesia, namely, the Criminal Code, the Telecommunications Law, the ITE Law, and the Draft Criminal Code which will become legislation in Indonesia and is based on comparative law and descriptive analysis. The research methodology uses qualitative normative legal methods with a literature study. This research also uses descriptive specifications to describe criminal law enforcement policies in eradicating information technology crime</p><p>Keywords:<br />Globalization, Information Technology, Cyber Crime, Criminal Law Enforcement Policy</p>

The Legal Protection for the Recognition of Customary Right in Agrarian Regulations

The purpose of this research, to find out the extent to which customary law community land rights are recognized in Indonesian legislation. This article is legal research type of library research by using a statutory regulatory approach (Statute Approach). For customary law communities, Land is part of their lives that is controlled and managed jointly with the responsibility given by nature to maintain and protect it. In reality, a lot of customary land has been taken by the government and used as agricultural land, Even though customary law communities have legal standing regulated in the 1945 Constitution, Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles, MPR Decree No. IX/2001, Law Number 39 of 1999 concerning human rights. However, in reality, the government still takes customary land which is then given to investors to manage. This of course infringes the rights of customary law communities. This problem is exacerbated because in article 5 paragraph (1) of Law number 41 of 1999 concerning Forestry states that customary forests are part of state forests.

Divorce Due To Apostasy (Study of Differing Decisions in Religious Courts)

The case of divorce due to apostasy is a civil case that is not directly regulated in Indonesian legislation. Therefore, there are differing decisions in cases of divorce due to apostasy. In the divorce case No. 0333/pdt.G/2013/PA.Bdw, with the reason of the husband's apostasy, the court issued a decision of talak bain sughra, while in the divorce case No. 3/pdt.G/2019/PA.Bky, with the same reason, the court issued a decision of fasakh. The research method used is a normative method with a statutory approach. The researcher employs descriptive analysis in discussing relevant theoretical studies related to divorce due to apostasy. The findings of this research are: 1) the legal considerations of the judges in the cases No. 0333/pdt.G/2013/PA.Bdw and No. 3/pdt.G/2019/PA.Bky were not appropriate and should have referred to KHI article 116 letter k. 2) the judges' decisions in the cases No. 0333/pdt.G/2013/PA.Bdw and No. 3/pdt.G/2019/PA.Bky were in accordance with the maqasid shariah in terms of preserving religion because both decisions terminated the marriage bond, either through talak bain sughra or through fasakh.

Unraveling Legitimacy: A Critical Examination of Anti-Terror Legislation in Indonesia

The Indonesian Law No. 5 of 2018 on the Prevention of the Criminal Acts of Terrorism, which is supposed to be the legal protection for every citizen, has generated resistance, resulting in delegitimization. This study aims to analyze the delegitimization of the anti-terrorism law, resulting in public resistance. The data was collected through observation, interviews and documentation studies in the form of the formulation of the anti-terror law. This study shows that the content of the enacted anti-terrorism law indicates a violation of human rights, which leads to delegitimization. The process of formulating the law without the participation of certain parties is considered counterproductive and makes the law less participatory. These things trigger the emergence of community resistance that leads to the failure of the law or the loss of the substance of the purpose of the legislation. As a result, the image of the government in preventing terrorism and extremism deteriorates, which in turn demonstrates the delegitimization of the law. This paper is limited to measuring the potential failure of the enactment of laws that have been passed and does not evaluate the implementation of anti-terrorism policies. Therefore, further studies are needed that focus on testing the effectiveness of the law by involving stakeholders.

THE DEVELOPMENT OF SHARIA ECONOMIC LAW IN THE CONSTELLATION OF INDONESIAN NATIONAL LAW

Islamic law is a living law that operates in the midst of society. Thus, Islamic law is a law that cannot be separated from Indonesian society, to build an economic system that is in accordance with existing norms and traditions. Starting in the 1940s and decades later, the concept of Sharia Economic Law began to emerge in various countries. The very high growth of sharia economic practices, sharia economic law legislation in Indonesia was born as a logical consequence of the dialogue and intersection of Islamic teachings with the social environment. Therefore, the formulation, characteristics and expression of sharia economic law legislation is realized by the diversity of local values (local policies) that surround the growth of sharia economic law. The historical development of sharia economic law legislation in Indonesia displays a dynamic character that is uniquely Indonesian. Socio-political and cultural values are important elements that influence the pace and direction of sharia economic law legislation in Indonesia. This article proves that Islamic economic law has appeared as a sub-system in the Indonesian national legal order with the birth of various instruments in the formation of laws. . law, as Indonesian national law.

Evaluasi Peranan Pejabat Lelang dalam Sistem Lelang di Indonesia

The auction system in Indonesia is the process of selling goods or services through a bargaining method where potential buyers or bidders compete to obtain the goods or services by offering the highest price. In recent years, online auctions have become popular in Indonesia, allowing people to participate in auctions via online platforms. Some well-known online auction platforms in Indonesia are Bukalapak, Tokopedia, and special auction platforms such as Invaluable or Christie's. Auctions in Indonesian legislation are regulated by various laws and regulations covering aspects such as government auctions, property auctions, and general regulations regarding the auction process. The role of an auction in auction procedures in Indonesia usually involves several important tasks related to auction transactions. A auction can be asked to examine documents related to the auction process, including the auction agreement, sale and purchase agreement, and other related documents. The aim of this research is to explain the evaluation of the role of auctions in the auction system in Indonesia. The approach used in this research is a juridical-empirical approach. The results of the research in this paper show that evaluating the role of notaries in the auction system in Indonesia can involve several aspects related to integrity, transparency, and legal compliance in the auction process. Meanwhile, the evaluation must include the extent to which the auction ensures that the auction process complies with applicable laws and regulations in Indonesia. The auction must accurately and independently certify the auction transaction. The evaluation should check whether they have performed this role well. It is important to evaluate the accuracy of the documents prepared by the auction, including the auction deed and other records that record the details of the auction transaction. In addition, the evaluation must consider whether the auction has helped in increasing transparency in the auction process, especially in terms of announcements, access to information, and reporting of auction results.

OPTIMIZING THE POTENTIAL OF SANUR SPECIAL ECONOMIC ZONE AS TRANSFORMATION INTO MEDICAL TOURISM DESTINATION

Objective: In addition to having a positive impact on the environment, nature tourism in Sanur also empowers the local community. Ecotourism programs and local crafts support community participation in tourism development. The purpose of this research is to find out the potential of the Sanur Special Economic Zone (SEZ) can be optimized for increase local economic growth and providing positive impacts on community welfare. Additionally, this reasearch aims to identify the challenges and opportunities in the development of the special economic zone in Sanur, along with proposing strategies to overcome these obstacles to realize its maximum economic potential. Method: This research uses normative legal research which in this method examines the legal terms of the internal perspective of the legal norms as objects of research. The approach in this research consists of a statute approach, conceptual approach. This research uses 2 (two) legal materials which are primary legal materials and secondary legal materials. Primary legal materials based on Indonesian legislation about this topic of research. The secondary legal materials such as books, legal writing materials for example: law journals, legal research, and official sites. In this research phase, a systematic literature review was conducted which referencing various sources available in various research databases using Preferred Reporting Systematic Reviews and Meta-analyses (PRISMA). Conclusion: The results of this research is that the advantages and benefits of the Sanur SEZ, including outstanding tourism potential, good accessibility, and diverse natural resources, can be a driver of economic growth. Technology and innovation development, collaboration with educational institutions, and intensive promotion are crucial steps to optimize the potential of the Sanur SEZ as transformation into medical tourism destination.

INHERITANCE RIGHTS OF OUTSIDE MARRIAGE DESCENDANTS AFTER THE RULING OF THE CONSTITUTIONAL COURT NUMBER 46 OF 2010

Humans were created by God to consist of men and women, therefore they are required to live in pairs in a bond called marriage. As stated in the 1945 Constitution, Article 28B Paragraph (1), which reads "Everyone has the right to form a family and continue their offspring through legal marriage". Before there were special regulations regarding marriage, in particular Indonesia still used the Civil Code (KUHPerdata) or Burgerlijk Wetboek (BW) as stated in Book One, Chapter IV concerning Marriage. The research method used in this research is normative juridical, which is supported by primary and secondary data sources, and qualitative analysis is carried out. The research results show that in the Civil Code, children outside of marriage have the status of illegitimate children of their parents. However, the Civil Code provides an opportunity for both parents to recognize the child as a legitimate child. Article 42 of the marriage law. If the marriage is invalid, then the children born from the marriage do not occupy the position of legitimate children. Constitutional Court Decision Number 46/PUU-VIII/2010 only recognizes children resulting from religiously valid marriages. Apart from that (the result of adultery), legally the child has no blood relationship with his father, but only has a civil relationship. If the biological father is not responsible, then the child through the mother can sue the father in civil law. The regulation of the inheritance rights of illegitimate children in Indonesian legislation and after the issuance of the Constitutional Court Decision Number 46/PUU-VIII/2010 can be concluded in Article 863 B.W. First part Regarding the inheritance share of illegitimate children in group I, if the testator dies leaving legitimate descendants and/or the husband/wife who lives the longest, then illegitimate children who can be recognized as inheriting a third of what they would have received had they been legitimate child. Then Article 100 KHI states that children born out of wedlock only have a lineage relationship with their mother and their mother's family. Then article 43 paragraph 1 of Law Number 1 of 1974 states that children born outside of marriage only have a civil relationship with their mother and their mother's family.

Legal Framework for consumer Data Protection For Digital Business SMES in Indonesia

Objective: The development of digital business in Indonesia has increased significantly. It is estimated to be more than US$ 77 billion by 2022, an increase of 22% from the previous year. The contribution of 64.2 million MSMEs to Indonesia's GDP was recorded at > 60 per cent. However, the development of information technology and the considerable potential of the digital economy are also accompanied by several negative impacts, including threats to citizens' privacy rights and personal data. However, not an absolute human right, protecting privacy remains crucial in this digital economy era. Method: The study used a seven-step approach. The first is the collection of data from primary and secondary legal materials; the second step is to filter this data based on policies related to data privacy, especially for consumers who conduct digital transactions in the jurisdiction of Indonesia. These policies are then sorted according to the criteria that have been filtered. The on-site policy is then compared to the benchmark policy. This comparison will show the gap between effective regulation and Indonesian legislation on digital business and MSME consumer data privacy. This gap is verified by Indonesian law and legal experts to eliminate false positives. Finally, a proposed set of guidelines was designed based on expert-verified benchmarks and gap policies Result: This is where legal protection is essential for consumers who transact with digital businesses. So that it can protect legal subjects through applicable laws and regulations and forced implementation with a sanction, legal protection Conclusion: Legal protection for consumers, especially consumers who make digital transactions, has been regulated in the Consumer Protection Law. However, this law generally only regulates conventional consumer transactions manually, whereas in trading, there is a meeting between traders and buyers.

Abortion Indications According to Law Number 17 of 2023 concerning Health

This normative juridical research scrutinizes Indonesia's legal framework surrounding abortion, juxtaposing the criminalization of abortion with the nuanced provisions of Law Number 17 of 2023 concerning health. The study focuses on Article 42, which permits abortion under specific indications such as fetal viability challenges and pregnancies resulting from rape. The primary legal materials are sourced from statutory regulations, with a supplementary examination of secondary legal materials. The research reveals the legal complexities surrounding abortion in Indonesia, shedding light on the delicate balance between criminal sanctions and legal protections. The implications of the findings extend to the broader discourse on reproductive rights and the evolving legal landscape.
 Highlights:
 
 
 Abortion Legislation in Indonesia: Balancing criminal sanctions and legal protections under Health Law Number 17 of 2023.
 
 
 Indications and Protections: Analyzing specific indications like fetal viability challenges and rape pregnancies, shaping women's reproductive rights.
 
 
 Normative Juridical Research: Utilizing primary and secondary legal materials to navigate the intricate legal landscape surrounding abortion in Indonesia.
 
 
 Keywords: Abortion, Planning, Legal Protection