Indonesian Legislation Research Articles

Effectiveness of Legal Protection for Whistleblowers in Corruption Cases in Indonesia

Combating corruption is a crucial priority for Indonesia, which strives to improve the quality of governance and institutional integrity. Whistleblowers play a vital role in uncovering corrupt practices, often serving as the initial source of information that reveals systemic and organized corruption. However, whistleblowers face significant risks, including intimidation and retaliatory actions. Effective legal protection is essential to shield them from these risks and encourage the public to report corruption. This study aims to review the effectiveness of legal protections for whistleblowers under Indonesian legislation and explore measures that can be enhanced to ensure their safety and well-being. Utilizing a literature review method, this research finds that although regulations exist to protect whistleblowers, their implementation remains inadequate. Obstacles such as lack of legal awareness, insufficient resources in law enforcement agencies, and a culture of fear of retaliation hinder optimal protection. Specific legal reforms, increased capacity of law enforcement agencies, and education and cultural changes that support whistleblowers are needed to improve the effectiveness of protection. Strengthening legal protections will better motivate whistleblowers to report corruption, supporting creating a more transparent and accountable government.

Role of Institutional Quality and Financial Developments in Realizing Clean Energy Legislation in Indonesia

Role of Institutional Quality and Financial Developments in Realizing Clean Energy Legislation in Indonesia

Pengaturan Marital Rape di Indonesia Perspektif Fiqh Jinayah tentang Keluarga

The purpose of this research is to explore the regulation related to the problem of marital rape in Indonesian legislation, especially after the enactment of the new Criminal Code Law by using the perspective of fiqh jinayah on family. This research is a doctrinal study with a conceptual approach and a legislative approach. Based on the research conducted, several conclusions can be formulated: First, marital rape that occurs in the household can be classified as a criminal offence of sexual violence. In addition, the regulation of marital rape in Indonesia is not yet specific and integrated so that it is still scattered in various regulations. Secondly, based on the perspective of fiqh jinayah, marital rape is included in the category of jarimah ta'zir because it is related to human honour. In the perspective of family jinayah fiqh, marital rape is also not justified and is an injustice according to Islam. Some sanctions in jinayah fiqh that can be applied to perpetrators of marital rape include diyat and ta'zir.

Analisis Kekerasan Terhadap Anak

Child abuse is a serious issue with lasting impacts. While positive law provides legal protections for children, its implementation faces challenges. In Islamic tradition, fiqh from the four major schools of thought—Maliki, Shafi'i, Hanbali, and Hanafi—also offers guidelines for child protection. This study explores the integration between positive law and fiqh to enhance child protection. Using a qualitative, library research method, the research examines whether Indonesian legislation aligns with the views of these schools. The findings reveal both alignments and differences. Positive law offers a clear legal framework, while fiqh provides a moral and religious foundation that supports the social and ethical dimensions of child protection. Integrating these perspectives can lead to a more holistic approach, combining legal rigor with religious principles to safeguard children's rights. This collaboration may strengthen child protection strategies by being more adaptive to socio-cultural contexts, offering a comprehensive solution to combat child abuse and ensure children's rights are effectively protected.

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.

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

Digital tax reform in Indonesia: Perspective on tax policy development

In Indonesia tax reform has undergone multiple revisions in recent years, all within a brief timeframe. Digital tax reform in Indonesia began with significant milestones in recent years to adapt to the digital economy’s challenges. The specific start date for digital tax reform in Indonesia can be traced back to the passing of the Tax Regulations Harmonization Law on 7th October 2021, which officially became Law No 7/2021 on 29th October 2021. This law marked a crucial step in Indonesia’s journey towards modernizing its tax system to address the implications of the digital economy. The provisions of this law have varying effective dates, such as for income tax purposes from the 2022 fiscal year and for VAT purposes from 1st April 2022. These changes under the Tax Regulations Harmonization Law are extensive and wide-reaching, signifying a pivotal moment in Indonesia’s digital tax reform efforts. This shows that the Indonesian government intends to radically overhaul the tax system, yet there are inconsistent approaches to deciding on the long-term course of tax policy. It is critical to investigate the concept of tax legislation in Indonesia in order to provide legal clarity on digital tax reform. Normative juridical research methodology is employed, together with a qualitative research strategy and descriptive-analytical research specifications. The findings suggest that the Indonesian government’s efforts to establish strict policies governing taxes on digital activity are inadequate and uneven. In order to apply to digital platform enterprises, the definition of permanent establishment as outlined in a number of national regulations must incorporate a substantial economic presence criterion. Legislative progress toward the establishment of a framework for digital tax collection is necessary to mitigate the possible income loss of states in this area, which could result from the rapid advancement of information technology. The OECD consensus is still in the process of drafting an international tax reform that will require adjustments from national tax reform. Therefore, it is imperative that the Indonesian government establish a thorough framework for tax regulation that can ensure robustness, economic efficiency, fairness, against motivation compatibility, administrative ease, and avoidance.

Status anak diluar nikah komparasi hukum islam dan hukum positif

One of the legal consequences of the status of a child out of wedlock is the status (position) of the child out of wedlock. In Indonesian legislation, there are several laws that explain the status of children out of wedlock, although there are differences in the law and status of these children between these laws. In Islamic law, children out of wedlock have a different position from legitimate children, biological children, adopted children, and children resulting from adultery. The existence of this position affects in determining guardianship, nasab, inheritance and hadhanah. This research uses a normative study approach, namely comparing the status of adopted children according to Islamic law and positive law. This research is a type of Library Research (literature), the author will present library data in the form of books, journals, research reports, papers and other library materials that are accurate to the object of the subject matter. Based on the results of the research conducted, it can be concluded that, the status of children outside of marriage based on Islamic law is not the same as biological children, and legal children in Islamic law the status of children outside of marriage in terms of nasab, remains with the mother and her mother's family. According to positive law, Constitutional Court Decision Number 46/PUU-VIII/2010 stipulates that the status of children out of wedlock can only be related to the mother and her family, unless there is recognition from a biological father who can be proven scientifically and technologically. This is different from Constitutional Court Decision Number 43/PUU-VIII/2010 which regulates other aspects of children's rights. This is because the status of extramarital children is only dinasabkan to the mother and the mother's family, so directly from the Constitutional Court's decision stipulates that the position or nasab of extramarital children (either due to adultery or nikah sirri) is to their biological father who can be proven by science and technology.

Upaya Meminimalkan Adanya Disparitas dalam Penjatuhan Putusan Pemidanaan dalam Perkara Tindak Pidana Korupsi di Indonesia

Problems regarding the execution of sentences obtained for corruptors recently become attractive spotlight in the eyes of the public. In the debate, many sentences for corruptors are the center of the general debate because there is a tendency for corruptors to have sentences that are considered light with the losses caused by these corruptors. Especially if they find significant differences in sentences (disparities), for corruption cases which are more or less the same and worthy of comparison. Therefore, it is necessary to know the factors of the large number of disparities in the sentencing of corruption and efforts are needed to zoom out or deal with it. This research was compiled using normative legal research, namely research based on legal materials (library based) which focuses on reading and studying primary and secondary legal materials. The approach in this study is a comparative legal approach (comparative law approach). Factors that continue to influence the emergence of disparities in the imposition of criminal convictions on Corruption Crime Cases in Indonesia are influenced by the legal system, legislation in Indonesia, factors originating from the judges themselves, factors originating from criminal events, and factors arising from not the existence of joint rules/guidelines in the imposition of sentencing

Peran Hukum Pidana dalam Pencegahan Kekerasan Seksual terhadap Anak: Tinjauan terhadap Kebijakan dan Implementasi di Indonesia

Children are important assets for the nation and state, especially the next generation. Every child has the same human rights as humans in general. Children's rights have been neatly regulated in positive legislation in Indonesia in the form of protection from various crimes so that their rights are not violated, considering that there are so many cases of crimes experienced by children, especially criminal acts of sexual abuse. The law is required to be able to pay special attention to the interests of children, in this case it can overcome acts of sexual violence that are experienced by many Indonesian children. The Sexual Violence Law No. 12 of 2022 is an addition to the new government regulations that need to be studied more deeply with the aim of helping to fight sexual crimes. This research discusses a deeper study of the role of criminal law in acts of sexual violence against children using normative juridical research with an approach to theories, concepts, legal principles, and legislation. The role of Criminal Law in preventing sexual violence covers several aspects, including protection from government agencies, criminal responsibility, and ensuring law enforcement.

Juridical Analysis of the Comparison of Different Religious Marriage Laws Based on the Adminduk Law Article 35 with SEMA No 2 Years 2023 Concerning Marriage Registration

Interfaith marriage is an issue that has not been resolved to date. In current practice in Indonesian society, interfaith marriage processions are generally carried out by carrying out the marriage with a religious procession each of which is followed by the prospective husband and wife or in the sense that there are two religious processes being carried out or only carrying out one religious procession or what generally happens is not carrying out religious processions at all so that it does not comply with Article 2 paragraph (1) of the Marriage Law regarding valid marriages. The legal research method used in this research is normative juridical research which is research carried out or aimed only at written regulations with the nature of descriptive analysis research which is a method that functions to describe or provide an overview of the object being studied. The data source used is secondary data with quantitative data analysis. The results of this research are the Hierarchy of Legislation in Indonesia. If it is related to the Civil Admin Law Article 35 with SEMA Number 2 of 2023, the legal force of SEMA has a lower hierarchy than the law. Therefore, it can be concluded that the provisions contained in the Administer Law cannot be changed by SEMA Number 2 of 2023. However, this SEMA still influences the direction for judges not to grant requests for inter-religious marriages.

Nyeruan: Traditional Medicine of the Sasak Tribe in the Perspective of Islam, Medicine and Legislation in Indonesia

This research aims to understand the history of the emergence of the traditional nyeruan healing tradition, how the treatment procession is carried out, how this treatment is in the view of Islam and modern health science. This research lasted for six months using qualitative methods with a phenomenological approach. Determining informants in this study used snowball sampling. The data collection techniques use participant-observation techniques, interviews, documentation, and also triangulation. Data analysis in this research uses the Social Construction theory of Peter L. Berger and Tomas Luckman, and Herbert Blumer's Symbolic Intractionism theory. Based on the research results, it shows that the traditional healing tradition of nyeruan does not violate the laws and regulations in Indonesia, so the practice is still being preserved, especially among the Sasak community

The Ideal Legal Protection of the Child Labor Rights in Indonesia: The Dimensions of Maqāṣid al-Sharī‘ah and the Welfare State

The legal protection of child labor rights in Indonesia, which is regulated in the Indonesian legislation, was not yet ideal. There are many working children (aged 13 to 15 years) in Indonesia whose rights to a prosperous life have not been fulfilled, both in the maqāṣid al-sharī‘ah dimension and in the welfare state dimension. Thus, this research was about the ideal legal protection for the rights of child workers in Indonesia, and the aim was to know and look for the concept of ideal legal protection for the rights of child workers of 13-15 years of age in Indonesia which was in accordance with maqāṣid al-sharī‘ah and the welfare state. This normative research discussed the constitution and laws related to child labor rights by examining the main legal materials, theories, concepts and legal bases related to this research. The results of this research explained that the legal protection of child labor rights in Indonesia was not yet ideal due to lack of clarity in the labor law itself. Meanwhile, the findings in this research; legal protection for the rights of child workers aged 13 to 15 years in Indonesia was not yet ideal because it was not yet in accordance with the dimensions of maqāṣid al-sharī‘ah and the welfare state, and because child labor in Indonesia was still considered unlawful, therefore many children in Indonesia became neglected and poor.

Positivization of the Council of Indonesian Ulema’s Halal Fatwa: Policy and Position in Indonesian Legislation

Positivization of the Council of Indonesian Ulema’s Halal Fatwa: Policy and Position in Indonesian Legislation

TEORI SYAHADAT DAN TEORI EKSISTENSI HUKUM ISLAM DALAM UPAYA LEGISLASI HUKUM ISLAM DI INDONESIA

This article examines the position of the Shahada theory and the theory of the existence of Islamic law and their implications in the process of Islamic law legislation in Indonesia. This article uses a qualitative-normative approach with descriptive analysis techniques, the data in the article comes from processed secondary data, in the form of a literature review from various references related to the discussion. The results of the discussion in this article are: First, the theory of the Creed is a theory that requires the implementation of Islamic law by those who have uttered two sentences of the shahada, as a logical consequence of pronouncing their creed. Second, the theory of Existence, namely the theory which states that Islamic law in Indonesia: (1) Exists (exists) as an integral part of national law, (2) Exists independently, in the sense that its strength and authority is recognized as national law and given status as law. national law, (3) exist in the sense of Islamic legal norms as a filter for national law materials, and (4) exist as material and the main source of national law. Third, the presence of the theory of the application of Islamic law in Indonesia, especially the theory of shahada and the theory of existence, provides an opportunity for Islamic law to grow and develop in Indonesia.

The Existence of Marriage Post The Constitutional Court Decision: As A Right or A Prerequisite?

The practice of marriage is always closely related to the arrangements in religious law and state law. This research aims to answer two legal issues, namely the existence of marriage after the Constitutional Court Decision No. 24/PUU-XX/2022 and the implications of the Constitutional Court Decision No. 24/PUU-XX/2022 in the aspects of Islamic law and national law. This research is a normative legal research with case, conceptual, and legislative approaches. The findings of this research confirm that the existence of marriage after the Constitutional Court Decision No. 24/PUU-XX/2022 is not only seen as a human right as a freedom for everyone to enter into marriage. But it must be based on the values of religious law as a representation of the legality of marriage by the state. The orientation of the Constitutional Court Decision is important because KHI and the Marriage Law have the same perspective in viewing marriage as a prerequisite and not as a right. The practical contribution of this research is related to ideal legal policy, namely the need for affirmation and formulation in Indonesian legislation that marriages that do not aim to form families and are oriented towards continuing offspring are invalid in accordance with the aspects of maslahat mursalah and the Indonesian legal system.

Arrangements for Archive Depreciation to Improve Regional Government Performance in Perspective Legislation in Indonesia

The aim of this research is to determine and analyze the arrangements for archival depreciation in order to improve the performance of local governments from a legislative perspective in Indonesia. This research uses normative juridical research methods. In this research, two research approaches were used, namely the statutory approach and the conceptual approach. The results of this research are Article 27 of Law Number 43 of 2009 concerning Archives and Article 12 of Government Regulation Number 28 of 2012 concerning Implementation of Law Number 43 of 2009 concerning Archives regulating procedures for depreciation of archives. However, there are differences between the two articles in terms of archive depreciation criteria. Article 27 of the Archives Law regulates that depreciation of archives is carried out based on the archive's use value. The use value of archives is the benefit obtained from archives for organizations or society. Meanwhile, Article 12 PP Archives regulates that archive depreciation is carried out based on the archive's use value and organizational needs. Organizational needs are the organization's need to use archives in carrying out its duties and functions. These differences in archive depreciation criteria can cause confusion and uncertainty for local governments in carrying out archive depreciation. Regional governments do not know which laws and regulations must be complied with in carrying out archive depreciation.

Assets As A Legal Subject In Efforts To Recover State Financial Losses In Corruption Crimes

Corruption is a problem that results in high financial and economic losses in Indonesia. UNCAC has launched recommendations for countries to make arrangements regarding Non-Conviction Based asset Forfeiture (NCB) since 2003 which aims to recover maximum state financial losses. This is based on the fact that the state losses recovered are not proportional to the state financial losses incurred due to corruption crimes. The research used is normative juridical with a statutory approach, conceptual approach, and comparison with other countries. The conception of assets as legal subjects in the NCB is based on the theory of legal fiction where assets in their position as legal subjects make them seem "guilty" when the way of use or the process of obtaining them is against the law. Assets in this case are considered to be able to perform a legal act that can be accounted for as happened in several cases in the United States, the Philippines, Thailand, not to mention Indonesia. Thus, because it focuses on the "fault" of the object, asset forfeiture can still be carried out even though the object or asset has changed hands. Legislation in Indonesia has actually adopted the concept of NCB, but it does not fulfill the basic essence of the concept where the goal is to recover state losses arising from corruption maximally and quickly. Therefore, laws governing asset forfeiture must be made specifically to accommodate this, one of which is through the bill on asset forfeiture.

Legal Wisdom in Indonesian Legal System: Toward Progressive Law Enforcement

This study aims to analyze the state of society that began without a system, or what is called the condition of disorder, which is unstable (social melee) so that the state of law, when it comes to people's lives, must also follow the unstable pattern (legal melee). The method used is normative philosophical, which leads to the basis of discourse (Conceptual). This study also explains some of the gaps in previous similar studies by presenting some novelty of analysis, such as (1) an explanation of how legal wisdom is an important concept for progressive law enforcement, (2) the national legal system (conventional) with legalistic positivistic substance remains an open formulation towards legal progressiveness in Indonesia. The exposure of the construction of a legal system continuously undergoing development is an issue that must always get a balance for new legal discoveries so that the developing law always follows the development of society. The results of this study revealed that the existing legal products also naturally show how the law plays a role. Then, with the existence of legal products, one area that gets regulation against it must be more organized than areas that legal arrangements have not been regulated by law. It can be concluded that today's Indonesian legislation is a portrait that shows the problem of existing regulations. It has become natural to revive and develop with a more structured of legal enforcement.

LEGAL STUDY ON PERSONAL DATA PROTECTION BASED ON INDONESIAN LEGISLATION

Personal data protection is an effort to protect individual privacy rights, which includes the need to protect a person's privacy as well as the protection of their personal data. The type of research in this study is normative juridical, which focuses on the review of positive legal norms.To find out about the protection of personal data regulated in Indonesian Legislation and to find out the obstacles to personal data protection in law and their solutions. In Indonesia, Personal Data Protection has been regulated in Law Number 27 of 2022 concerning Personal Data Protection, Law Number 11 of 2008 concerning Electronic Information and Transactions, and the Regulation of the Minister of Communication and Information of the Republic of Indonesia Number 20 of 2016 concerning Protection of Personal Data on Electronic Systems, and has obstacles in the application of this Law such as the overlap of the old law with the new one, and preventing a legal expert from adopting which Law.In the current technological era, the significance of addressing security factors in the processing of personal data using various technologies has become increasingly critical. While electronic systems have enhanced data security, it is undeniable that the risk of data theft by irresponsible parties still exists. Therefore, regulations or laws are necessary to provide protection for personal data.