Indonesian Legislation Research Articles

POLEMIC POLICY OF PERMENDIKBUD RISTEK NUMBER 30 OF 2021 ABOUT THE PREVENTION AND MANAGEMENT OF SEXUAL VIOLENCE IN HIGHER EDUCATION ENVIRONMENT IN PUBLIC POLICY PERSPECTIVE

On August 31, 2021 Regulation of the Minister of Education, Culture, Research and Technology (Permendikbudristek) Number 30 of 2021 concerning Prevention and Handling of Sexual Violence in Higher Education was stipulated by the Minister of Education,Culture, Research and Technology and promulgated on September 3, 2021. The stipulation of this rule is only one day after the Legislation Agency ( Baleg) DPR RI on August 30, 2021 finally agreed to start from the beginning the process of formulating the Preliminary Draft of the Bill on the Elimination of Sexual Violence (RUU PKS) with a slight change in the title, becoming the Bill on Criminal Acts of Sexual Violence (TPKS). Substantially, the initial draft of this bill has similarities with Permendikbudristek Number 30 of 2021, namely regarding the definition, scope, and content of sexual consent which causes controversy in thecommunity. The controversy, which initially focused on the Bill on the Elimination of Sexual Violence, turned to the Permendikbudristek. This article will review Permendikbudristek in substance and its controversy in the midst of society and the implications it causes. Analysis of public Policy, including in the Formulation and Implementation is used as an approach to unravel various aspects, including the position of this Permendikbudristek in the hierarchical aspect of Indonesian legislation.

The Effect of The Minimum Age Limit for Marriage After The Enactment of Law Number 16 of 2019 Concerning Amendments to Law Number 1 of 1974 Concerning Marriage on The Determination of Marriage Dispensation at The Lumajang Religious Court

AbstractMarriage is a legal act. As a legal act, the legal subject who conducts an event must meet the requirements. One of the requirements for humans as legal subjects to be able to be declared capable of carrying out legal actions is to be mature, while the determination of the age limit of children contained in the construction of legislation in Indonesia varies. Likewise, the age limit relates to the rights given to someone when he is considered capable of acting in law, in this case, in carrying out marriage. Marriage is not only an inner bond but a bond between the two. Inner birth ties in marriage mean that between the husband and wife in question, there must be a genuine intention to create a happy and eternal family. Generally, every person who wants a family is sure that his household will want to live harmoniously. Keywords: Marriage; Immature People; Quality Offspring.

ANALISIS CRYPTOCURRENCY SEBAGAI ALAT ALTERNATIF BERINVESTASI DI INDONESIA

This research was carried out in order to gain a better understanding of cryptocurrencies, as well as the position of Islamic law in relation to them as a form of alternative investment in Indonesia. This research is a qualitative investigation utilizing phenomenological and descriptive methodologies. The data that was used came from the library and was backed by a number of papers and books that were linked to the issues that were investigated in this study using a syar'i normative methodology. It is possible to invest in Crytocurrency, trade Crytocurrency, or utilize Crytocurrency as a form of payment. In addition to Bitcoin, several other forms of Crytocurrency are also seeing widespread use. Different points of view on Crytocurrency can be found within the community, which can give rise to both pros and negatives. Because there is no legislation in Indonesia that recognizes Crytocurrency as a form of payment or currency, it is illegal to utilize Crytocurrency there. Since the price is still volatile and there are still flaws in the security, the discussion around cryptocurrencies such as Bitcoin has not yet reached an advantageous point. Some Ulama say, from the perspective of Islamic law, that this kind of digital currency does not have clarity and cannot be physically seen, allowing for the possibility of fraud. As a result, they consider Crytocurrency to have aspects of Gharar. The usage of Crytocurrency in investment and trading makes it inseparable from speculation about the price, which is highly volatile and is solely used as a tool for making profits and losses. Maysir is a component of Crytocurrency. Because the significance of this crypto currency spans such a wide range of areas, particularly those pertaining to technology and the economy.

The Responsibility of Notary in Making Nominee Agreements for Foreign Citizens in Indonesia

Law Number 5 of 1960 concerning Basic Agrarian Principles in Article 2 states that every Indonesian citizen has full rights over land, water, and airspace located in Indonesia, so only Indonesian citizens are entitled to have ownership rights over land in Indonesia. This is a principle of nationalism in agrarian law. Foreigners who are in Indonesia are only entitled to land use rights in Indonesia. This regulation sometimes poses difficulties for foreign nationals who want to invest in Indonesia, due to the requirement of land ownership in Indonesia not being fulfilled. This obstacle causes some parties to take illegal actions in land ownership in Indonesia, one of which is by making a nominee agreement. However, nominee agreements in Indonesia have not been clearly regulated in legislation. The issues raised in this research are the validity of nominee agreements according to the Civil Code and Basic Agrarian Law, as well as the role and responsibility of notaries in making nominee agreements, using the case study of the verdict of the Denpasar District Court Number 426/Pdt.G/2020/PN Dps. To answer these issues, normative juridical research method with prescriptive research method is used. The result of the analysis and research is to analyze the nominee agreement and its validity from the perspective of the Civil Code and Basic Agrarian Law. In addition, it analyzes the role and responsibility of notaries in nominee agreements with a case study in the verdict of the Denpasar District Court Number 426/Pdt.G/2020/PN Dps. The suggestion given is that notaries in making a legal product should pay attention to the applicable legal foundations in Indonesia so that the resulting deed is in accordance with the legislation in Indonesia

Analysis of the Position of Marriage Witnesses in the Opinions of the Four Madzhabs Fiqh and Regulations in Indonesia

This article responds to the birth of legislation that has a correlation with marriage law as a form of uniformity and legal certainty, although there are still differences of opinion and debate among Indonesian Muslim communities regarding the position of witnesses in marriage. the discussion of witnesses to marriage is interesting to discuss, how are witnesses to marriage in the views of fiqh four madzhab and how the position of witnesses to marriage in Indonesian legislation. Using the literature review method (literature study) primary and secondary data sources from books, journals, other regulations. The results showed that first, a marriage witness according to the fiqh of four madzhab is a person who knows correctly and with certainty, his testimony can be accounted for in the future if needed by one of the spouses about the occurrence of a marriage event. The position of marriage witnesses in the legislation as a pillar of marriage, this is adopted from the opinion of the Shafi'i madzhab. Two witnesses are the minimum requirement in marriage. The purpose of requiring witnesses is to prevent negative issues from the community regarding extramarital relationships. Then the existence of marriage witnesses as a confirmation of the rights that arise after the marriage contract such as mushaharah relations, nafakah rights and inheritance rights. 
 Keywords: Marriage Witness, Fiqh, Law.

Pertanggungjawaban Pidana Pencemaran Nama Baik Pejabat Pemerintah Melalui Media Sosial

Defamation is a form of evil associated with dishonour and a person's good name. As the digital era of libel proliferates, the result of this development, many people suffer, even government officials. This study uses a legal-normative research method. Data collection was carried out by means of a literature study on related legal materials and analyzed descriptively. The results of the research show Indonesian legislation to protect an Indonesian person's honour and the good name was regulated under section 19 of 2016 to change section number 11 of 2008 in article 27 about information and electronic transaction (3). The criminal defamation applies to the delicht in article 45 (5) so that only victims can report. The complaint applies to all citizens, both civil and government officials. Article 45 of verse (3) arranges a criminal form of liability. Criminal liability includes criminal prison threats and criminal penalties.

Permasalahan Tinggat Ketenagakerjaan terhadap Pengangguran di Indonesia


 This article aims to find out the problems of Indonesian workers related to the response. Reducing hostilities and creating new workspaces is critical to accelerating a country's economic development. The key to success in business is creating markets for the skills of the workforce. Developments in Indonesian legislation have not facilitated implementation of its objectives by the private sector and the international community. Many factors, such as lengthy permits, high costs, and extended hours, can hinder the development of high-quality field work. A stronger emphasis on community is essential in the fight against crime. Furthermore, the importance of groups in solving development problems by creating and maintaining work spaces cannot be overstated. Public property regulations fall under the formal and informal aspects of community law.
 Keywords: Employment, unemployment, Indonesia

The Development of Narcotics Legislation in Indonesia and Singapore

Since the Dutch colonial era, Indonesia has had drug-related regulations. Drug use was controlled with special licenses for people of Chinese descent who contributed financially through the opium trade. After Indonesia's independence, regulations on the production, use, and distribution of dangerous drugs were issued. In the 1970s, drug abuse increased, and the government responded with laws regulating illicit drug trafficking and imposing severe criminal sanctions, including the death penalty. During the Reformasi era, the crackdown on drugs became more assertive. BNN was established in 2002, and regulations continue to be revised to tackle the complex drug problem. Law No. 35/2009 became the legal foundation that imposed the death penalty to curb the spread of drugs in Indonesia. Singapore has faced a growing drug problem since the early 19th century. To control drugs, Singapore implemented various regulations, such as the New Dangerous Drugs Ordinance and Regulations in 1951 and the Misuse of Drugs Acts (MDA) in 1973. Severe penalties are imposed on drug dealers and users. Public education and criminalization are used to prevent drug abuse. Singapore applies harsh measures, including the death penalty for drug traffickers. The Misuse of Drugs Act sets drug quantity thresholds for trafficking and possession, with varying penalties, including fines, imprisonment, and even the death penalty. The Act authorizes officers to conduct searches and urine tests on suspected drug offenders. Singaporeans support tough drug laws as drug use is considered a moral and social evil.

The Shifting in the Legal Politics of Regulating the General Principles of Good Governance in Indonesian Legislation

The Shifting in the Legal Politics of Regulating the General Principles of Good Governance in Indonesian Legislation

LEGAL PROTECTION OF CHILDREN IN CONTACT WITH THE LAW BASED ON THE PRINCIPLE OF BEST INTEREST FOR THE CHILD

Legal protection for children who are in conflict with the law in Indonesian legislation is the result of the Ratification of the United Nations (UN) Convention on the Rights of the Child in 1989, which in one of the principles in the convention is the principle of the best interests of the child. Ratification is carried out by incorporating and making the basis for the formation of laws involving children. The principle of best interest for children is the main reference. This study used the Juridical-Normative Research Method with a Descriptive Analysis Approach, with the aim of analyzing Legislation Related to Children in Conflict with the Law and then to look at the essence and objectives of the Principle of Best Interests for Children. So that this research results in that Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA) is the Main Law being studied, in that Law provides Legal Protection for children who are dealing with the Law with Three Classifications, children as perpetrators prioritizing restorative justice and diversion, children as victims receive special medical treatment, and children as witnesses are facilitated by electronic recording media to reduce trauma. This is given as an effort to protect the law against children who are in conflict with the law according to the status of children in criminal acts, in addition to obtaining rights that are general in nature, children who are positioned as perpetrators, victims and witnesses still get special rights. under legal protection.Keywords: Legal Protection, Children Against the Law, The Best Interests of Children.

Delegated Legislation Making Models in Indonesia within 1999-2012

Based on the UUD 1945, delegated legislation in Indonesia is Government Regulations made by the President. The making of delegated legislation from 1999 to 2012 has shown some development in how delegated legislation is made. Therefore, this article shows three traditional models of delegated legislation in Indonesia between 1999 to 2012 that are different from the stipulations provided within the UUD 1945. Practice shows that there are 3 traditions of delegation legislation making models in Indonesia. Such tradition is not in accordance with the provisions in the Indonesian constitution. Therefore, it is necessary to control the delegation of Laws in Indonesia by selecting government regulations as delegated legislation.

Reposition of the Promulgation for Indonesian Legislation

Promulgation of legislation is one of the central processes of legislation making but is often forgotten by the legislators. Arrangements for the promulgation of a legislation have changed in line with the development of regulations governing the legislation making. Legislation that should not have been promulgated became promulgated and had an impact on increasing the number of legislation in Indonesia. This paper aims to place promulgation back to its proper position (reposition). The research method of this article is in the form of normative juridical research which fully uses secondary data or in the form of written legal norms. The results of the study found that legislation outside the hierarchy regulation as stipulated in Article 7 paragraph (1) of Law no. 12 of 2011 does not need to be promulgated because it is not a general binding legislation. Repositioning promulgation also requires repositioning of the understanding that the regulation outside the hierarchy of legislation cannot apply externally, namely they only apply to the Ministries/Government Institutions because the essence of promulgation is to enforce statutory regulations on the public.

Perubahan Mekanisme Pembentukan Perundang-Undangan di Indonesia Perspektif Fiqh Siyasah Dusturiyah.

The study aimed to examine the creation of Act 13 in 2022, the second amendment to Act 12 in 2011, on the establishment of regulations from the perspective of the Siyasah Dusturiyah; the Act arises as an outcome of a MK ruling mandating a basic guide site in the performance of a bill, as well as confirmation of its participation. The issue to be considered is whether Act 13 has achieved its mandate since its birth in 2022 due to MK's decision. With this brief summary, it is fascinating to investigate the following problems: 1) how the legislation of No. 13 in 2022 affected the second Act of No. 12 in 2011. And 2) how has the creation of the law in the year 2022 been evaluated and reviewed from a rural standpoint. The research method used is normative law research using research resources. In addition, the author employs the legislative technique (statute approach). The study's findings are as follows: 1) many of the issues still need to be addressed in the 2011 alteration of Act No. 12, and there is a problem with enabling it to justify writing after the President and Congress have adopted a law. This issue provokes polemics due to the sacred level of law formation being the stage of joint legalization. 2) According to the perspective of Siyasah Dusturiyah, there is a distinction between the mechanics of legislation in Indonesia and the concept of producing legislation in Islam. Nonetheless, the 13/2022 law has not met the principles outlined in Siyasah Dusturiyah.

Inter-Religious Marriage: A Comparison Analysis of Indonesian Law With Other Countries

AbstractInter-religious marriage is not something new in Indonesia. Judging from the diversity of religions that exist, it does not rule out the possibility of inter-religious marriages. However, inter-religious marriage is still a polemic among the public because the Law of the Republic of Indonesia Number 1 of 1974 concerning Marriage, does not explicitly regulate and accommodate the problem of inter-religious marriage, especially after the enactment of Law Number 23 of 2006 concerning Administration Population, the opportunity to legalize inter-religious marriages seems to be wide open, namely with the availability of the option of submitting an application for interfaith marriages to the District Court to issue a stipulation allowing interfaith marriages and instructing Civil Registry office employees to record these interfaith marriages into Register of Marriage Registration. In the end, people often smuggle laws in ways that are not justified, for example by providing false information that they have changed religions and follow the religion of their partners. Or by carrying out marriages abroad which allow marriages of different religions, and then registering them at the civil registry office. This study aims to find out how Indonesian law views inter-religious marriages and how inter-religious marriages are regulated from a comparison of the laws of other countries, such as those in Canada, Singapore, England and the Netherlands. This study uses a statutory approach, namely an approach that is carried out by examining all laws and regulations that are related to the legal issues under study. The results of this study will provide input to Indonesian legislators which can be used as an improvement in regulations, especially provisions related to inter-religious marriage.Keywords: Interfaith Marriage; Reduced Inequalities; Comparative Civil Law; Peace and Justice.

Omnibus Law dalam Konstitusi Indonesia

The Omnibus Law is often discussed and debated, especially in its implementation in Indonesia. Omnibus Law is considered as a solution to make legislation more efficient, Omnibus Law is something new in the formation of legislation in Indonesia. Previously, the Omnibus Law was often used in the common law legal system, and several civil law countries have also implemented the Omnibus Law. In this study, the authors examine the United States and the Philippines. The concept of the Omnibus Law is not only used for one type of law but has penetrated into other sectoral laws. In the Philippines, since 2003 the Omnibus Law has been enacted as a method for forming legislation. It is different from the United States, which has implemented the Omnibus Law since 1850. This research refers to a comparison of the Omnibus Law in the Philippines because the Philippines is a country in the Southeast Asia region just like Indonesia and adheres to a legal system that combines common law and civil law which does not very different from Indonesia, further comparison with the United States Omnibus Law, because the United States is also one of the countries that is the mecca of world law. This study uses normative legal research, using secondary data which is processed using qualitative techniques. This study uses a comparison of two countries which makes this research different from other research related to the Omnibus Law, with the aim of examining the position of the Omnibus Law in Indonesia and making comparisons with the United States and the Philippines.

Politik Hukum Pembentukan Peraturan Perundang-Undangan Pasca Perubahan Kedua Undang-Undang Nomor 12 Tahun 2011

Article 22A of the 1945 Constitution of the Republic of Indonesia mandates the establishment of a rule regarding the law-making process, which serves as a guideline for the law-making process from its inception until the regulation is enacted to the public. However, in its implementation, problems are still related to the law-making process in Indonesia. This normative research uses a statutory and conceptual approach that specifically looks at "over regulated" or "legal obesity” to analyze the legal politics of the formation of laws and regulations after the second amendment of Law Number 12 of 2011 concerning the Establishment of Laws and Regulations. In this context, there is an overlap between one law and another, which creates sectoral egos and results in legal uncertainty in its application. One of the causes of this legal obesity is the lack of regularity in the law-making process. In this case, legislators do not always refer to the guidelines for the law-making process and the principles for forming statutory regulations as stipulated in the law-making process regulation. In addition, the law still needs to be optimal in fulfilling meaningful participation. Therefore, the author will analyze the politics of law of the amendments of law-making process regulation after the Constitutional Court Decision Number 91/PUU-XVIII/2020, which includes accommodating the omnibus method and the concept of meaningful community participation as a solution for overlapping legislation in Indonesia.

Post-Islamism and the Rise of Sharia Laws in Contemporary Indonesia: Aspirations of Implementing Islamic Laws in a Democratic Era

Islamism is an ideology and a movement that seeks to build an Islamic order in the form of an Islamic state and the enforcement of sharia law. However, in Indonesia during the democratization period in the early 2000s, many Islamic organizations, including Islamic parties and Islamic movements, liberated themselves from hiding and even opened their organizational philosophies to accommodate wider issues and concerns. While retaining their Islamic identity, some Islamic groups are turning towards the secularization of their goals and objectives as a means of adapting to the changing political environment. Political analysts refer to this development as post-Islamism. This change in attitude is to some extent due to the fact that Islamic legal institutions have become more prominent since the reform era. While retaining their Islamic identity, Islamic groups are turning towards the secularization of their goals and objectives as a means of adapting to the new political environment and changing the agenda of most Islamic political movements by way of Islamizing Indonesian values. That's why the color of legislation in Indonesia is more Islamic.

Islamic Law Legislation in Indonesia: Anomalies of the Relationship between Political Configuration and Zakat Legal Product during the Reform Era

This article discusses the anomaly of democratic political configuration relation that produces conservative zakat law product in Law Number 23 Year 2011 on Zakat Management. Zakat law has experienced the positivation of Islamic law through what is called the legislative process in the House of Representatives. Through its stipulation, it actually led to rejection from Muslim civil society groups. This rejection is an indication that the law is not responsive to civil society. This research is normative juridical with a political approach to law that places legislation as a political product. Edward W. Soja’s spatial justice theory is used to analyze this issue. The findings of this research are, first, the anomaly of political configuration relations towards zakat law products occurs because of the still entrenched character of executive dominance in making zakat law in the DPR. Second, to produce a responsive law, it must provide space for spatial justice through the participation of Islamic civil society in making zakat law.

The Principle of Meaningful Participation in the Formation of the Maternity Leave Policies in Indonesia

The maternity leave policy in Indonesia is in the process of transitioning from a three month leave as per the Indonesian Employment Law to a six month leave in accordance with the Maternal and Child Welfare Bill (‘MCH Bill’). The government delayed the legalization of the bill due to the policy being controversial among the public, especially employers and workers. The controversy that occurred was a reaction to the exclusion of certain voices in the process of forming the MCH Bill. This research aimed to highlight the problem related to meaningful participation in the formation of maternity leave policy in Indonesia. The methodology used in this study is the legal doctrine method with a statutory and a conceptual approach. In the process of forming legislation in Indonesia, the principle of meaningful participation must be applied to accommodate the aspirations of all parties involved in the implementation of the law. In the context of the establishment of the MCH Bill, the meaningful participation of employers and workers is crucial because they are the main actors in the production process and the main actors in the MCH Bill.
 Keywords: Maternity Leave, Meaningful Participation, MCH Bill

The Influence of the Equity Principle on Undue Influence Doctrine and The Urgency of Its Application in Indonesian Contract Law

In Indonesia, the concept of undue influence is being used to annul agreements. There is a need to thoroughly analyse the undue influence doctrine, its relationship with the influence of the equity principle, and the urgency of its application in Indonesian contract law because Indonesia does not have a clear defining rule for the term. This study employs normative juridical research techniques by utilising a statutory approach, a case study approach, a historical approach, a comparative approach, and a conceptual approach. In conclusion, the equity principle is crucial when examining excessive influence. Therefore, the doctrine of equity should be considered while formulating the undue impact on the development of favourable legislation in Indonesia.
 Keywords: Equity Principles, Contract Law, Undue Influence