National Law Perspective Research Articles

Indonesia’s offshore oil and gas: decommissioning uncertainty and the legal struggle

ABSTRACT Hydrocarbon extraction is generally associated with various environmental obligations, especially during the construction of oil platforms, pipelines, wells, and other facilities, as well as in the post-production phase. The offshore oil and gas industry creates problems for the environment and shipping safety. The contractor is required to decommission all production facilities that were built prior to the post-mining stage. However, this obligation is not easily met by Indonesia despite various international regulations. From the perspective of national law, decommissioning of oil and gas facilities is only a recent obligation due to weaknesses in the law regulating oil and gas activities involving multinational companies. Therefore, decommissioning has not been implemented to date. The delay in decommissioning contributes to Indonesia’s weakness in the protection of the marine environment and shipping security.

Adoption of Children in the Perspective of National Law and its Relation to Religious Courts

The constellation of child adoption from the perspective of national law in Indonesia has received serious attention, but there is still a weak point, namely the absence of legal unity regarding child adoption. The adoption of children is one of the authorities of the Religious Court. The competence of religious courts is affirmed in Article 49 of Law Number 3 of 2006 concerning Amendments to Law Number 7 of 1989 concerning Religious Courts. The procedures and requirements for submitting applications for child adoption have been regulated in detail and concretely in various child adoption regulations, including Government Regulation Number 54 of 2007 challenging the Implementation of Child Adoption. There should be legal unity, namely a law-level regulation governing the adoption of Indonesian children. The government should socialize the strengthening of the position and authority of religious courts in the adoption of children for Muslims. Socialization is needed so that the purpose of laws and regulations governing the norms of the adoption of children for Muslims is in accordance and in line with the objectives of applicable law. Muslims who wish to adopt children should be carried out in religious courts as absolute and representative authority for the practice of Islamic law.
 Keywords: adoption of children, national law, religious cou

Adopted Children in the Perspective of National Law and Islamic Law in Indonesia

Adoption or adoption of children is clearly regulated in Islamic law where an adopted child remains devoted to his biological parents while adoptive parents are only obliged to maintain, educate the adopted child until the adopted child can be independent and between the adopted child and the adoptive family do not inherit each other and also applies the law on mahrom so that between adopted children and family must not be seen with each other, The adoptive father must not be the marital guardian of his adopted child if the adopted daughter is to marry. The arrangement of adopted children for non-Muslims in Indonesia is based on civil law provisions where between adopted children and adoptive families and children are considered as biological children as if adopted children were born from the womb of their adoptive mothers and inherit each other.

Legal Aspects of Child Protection in the Perspective of National Law

Law Number 39 of 1999 concerning Human Rights in Chapter III Human Rights and Basic Human Freedoms in Part Ten regulates children's rights. The section entitled Rights of the Child provides regulatory provisions which are poured into 15 (fifteen) articles, where in Article 52 Paragraph (2) it is stated that children's rights are human rights and for the benefit of the child's rights are recognized and protected by law even since in the womb. The Unitary State of the Republic of Indonesia in ensuring the welfare of every citizen, one of which is to provide protection for children's rights which is one of human rights. The Indonesian government in its efforts to guarantee and realize the protection and welfare of children is through the establishment of Law Number 23 of 2002 concerning Child Protection. Child Protection as referred to in Article 1 point 2 of the Law is all activities to guarantee and protect children and their rights so that they can live, grow, develop and participate optimally in accordance with human dignity and status, and receive protection from violence and discrimination. Legal protection and the concept of protection for children consist of several aspects including; protection of children's human rights and freedoms, protection of children in the judicial process, protection of children's welfare (in the family, educational and social environment), protection of children in cases of detention and deprivation of liberty, protection of children from all forms of exploitation (enslavement, child trafficking) , prostitution, pornography, trafficking/abuse of drugs, manipulating children in committing crimes and so on), protection of street children, protection of children from the effects of war/armed conflict, protection of children against acts of violence, special attention should be paid to children Problems with the Law (ABH) and the need for application and/or implementation of basic concepts for the protection of children's human rights.

The Application of Restorative Justice for Children as Criminal Offenders in the Perspective of National Law and Qanun Jināyat

This study aims to examine the application of restorative justice to children as criminal offenders based on the 2012 SPPA Law and the 2014 Qanun Jināyat. This study is an empirical legal study using a statutory approach and restorative justice theory. Data collection techniques were carried out through in-depth interviews and literature studies. The results of the study show that Article 5 paragraph (1) of the 2012 SPPA Law stipulates that if a child commits a crime or jarīmah, a restorative justice approach must be prioritized, and in Article 7 paragraph (1), it is stated that at investigation, prosecution, and examination level of a child's case in the district court, it is mandatory to attempt diversion. The Qanun Jināyat of 2014 does not separately regulate the settlement of children who commit crimes. However, it designates laws and regulations regarding juvenile justice. Qanun Jināyat regulates the handling of children who carry out a jarīmahikhtilaṭ to carry out an examination guided by the law mentioned above. However, in the case of children who commit crimes of ikhtilaṭ and are investigated by the police, the process is carried out in a restorative justice and diversionary manner. The forms of settlement in restorative justice are reconciliation with or without compensation, return to parents or guardians, social rehabilitation, and religious rehabilitation. This study argues that restorative justice treats children in a dignified manner oriented towards juctice and the interests of the child. Likewise, the study shows that SPPA Law and Qanun Jināyat complement each other.

Binary Option: Legality in the Perspective of National and Islamic Law as a Manifestation of Continuous Legal Reform

Law is used as a guide and protector for every human being who lives in society, there are several kinds of applicable law in Indonesia, namely Indonesian national law and Islamic law. Amid the development of increasingly sophisticated digital technology, digital investment methods in the form of Binary Options have emerged which cause problems in people's lives. Then this research was conducted to determine the position of Binary Options in the perspective of national law and Islamic law so that the public knows and understands the legal basis for investing in the form of Binary Options. The writing of this journal uses normative juridical research methods. The results of the analytical study were obtained that in national law Binary Options as an illegal act which is part of an unlawful act, one of which is the result of not getting permission from the OJK (Financial Services Authority) so that it can be sentenced to criminal sanctions, while in the perspective of the Islamic law that Binary Options Judging from the way the game is played, it can be said that gambling is more precisely modern gambling, where gambling itself in Islam is strictly prohibited based on the verses of the Qur'an

Economic and Legal Dimensions of Collateral Existence in Modern Mudhârabah Contracts: Understanding the Relationship between Risk Management, National Law, and Contemporary Fiqh

This paper examines the economic and legal dimensions of the existence and application of collateral in modern mudhârabah contracts. Through this multi-perspective study, this paper sought to see the relationship between risk management, national law, and contemporary fiqh in discussing the existence and application of the collateral. This paper was included in the library research design and specifically in legal research methodology, applying normative legal research types with a conceptual and statutory approach. Furthermore, this research found a relationship between risk management, national law, and contemporary fiqh in viewing the existence of collateral applied to modern mudhârabah contracts in Sharia banking through its financing products. Based on the perspective of risk management, its existence was a risk control for non-performing financing. Then, in the perspective of national law, it manifested the prudential principle mandated by the sharia banking law. Meanwhile, in the perspective of contemporary fiqh, it can be seen as an effort to avoid the harm that was in line with the sadd adz-dzari'ah principle. This relationship was realized by looking at the existence of collateral in modern mudhârabah contracts as a preventive instrument.

Relevance of WHO traditional medicine strategy (2014-2023) with traditional health care policy in the perspective of national law and international law

Traditional Medicine has recently attracted the attention of health experts and decision makers in the health sector. The World Health Organization (WHO) has paid attention to the development of traditional medicine as evidenced by the publication of "WHO Traditional Medicine Strategy 2014-2023”, which serve as guidelines for good practice as well as guidelines for research and development in the field of traditional medicine for WHO member countries in general, and Indonesia in particular. The purpose of this research is to analyze relevance of the WHO strategy on traditional medicine with traditional health services policies in the perspective of national law and international law, with normative juridical methods. The implementation of traditional health services in Indonesia has a legal basis, from national law as well as international law, namely "WHO Strategy On Traditional Medicine”. The results showed that herbal medicine has been widely accepted in almost all countries in the world. According to WHO, countries in Africa, Asia and Latin America use herbal medicine as a complement to primary treatment. As well as Indonesia as one of the member countries of WHO has implemented the "WHO Strategy On Traditional Medicine" in the implementation of traditional health services, and integrating traditional medicine in the National Health System (SKN).
 KEYWORDS: traditional medicine; WHO Strategy on Traditional Medicine; national law; international law; National Health System (SKN).

The Position of the Fatwa of the Indonesian Ulema Council Number 33 of 2018 Concerning the Measles-Rubella Vaccine: National Law Perspective

This study aims to analyze the position and validity of the fatwa of the Indonesian Ulema Council (MUI) Number 33 of 2018 from the perspective of national law. And analyze the position of the fatwa of the Indonesian Ulema Council Number 33 of 2018 in terms of sociological, philosophical, and juridical application aspects. This research is library research sourced from secondary data with a statutory approach, namely an approach with an analysis of national legal rules and regulations related to Islamic law. The results show that the Fatwa of the Indonesian Ulema Council is not binding to be obeyed and is only in the form of appeals and suggestions given to Muslims because the Fatwa of the Indonesian Ulema Council is not included in the national legal framework in Indonesia. The fatwa regarding the Measles-Rubella (MR) vaccine is allowed (permissible) on the grounds of a star’s emergency. Yes, with the applicable provisions. The 2018 Fatwa Number 33 by the Indonesian Ulema Council applies sociologically because the Muslim community accepts the fatwa and makes a warning about the status of the Measles-Rubella vaccine.

Analisis Problematika Pada Penggunaan Aplikasi PeduliLindungi Dalam Perspektif Hukum Nasional

PeduliLindungi is an application developed to assist government agencies in tracking the spread of Coronavirus Disease (COVID - 19). PeduliLindungi relies on community participation as users to inform each other of their location while traveling in order to track contact history with COVID-19 sufferers. When users download PeduliLindungi, the system will ask for user approval to activate location data. With the active location condition, the application will periodically identify the user's location and provide information regarding the crowds and zoning of the spread of COVID-19. The results of the tracking make it easier for the government to identify anyone who needs further treatment. However, in reality there are still many problems faced by users in using this application that are not in line with applicable national law. The results of the study indicate that the PeduliLindungi is still not ready to operate massively and there are also many problems as a result of using the application which is contrary to national law. Therefore, this research will examine the problems of using the PeduliLindungi and its analysis from the perspective of national law in responding to the current problems.

Country Note: Arm’s Length Principle from a Swiss Perspective: Profit Allocation to Inbound and Outbound Permanent Establishments

Switzerland continues to be one of the most preferred locations for many businesses when setting up a headquarters or permanent establishment (PE) structures. Thus, obtaining tax certainty and predictability is crucial for such structures. Swiss tax law does not provide for detailed rules for international profit allocation and particularly the arm’s length principle (ALP) for the determination of an enterprise’s profit. Therefore, the Swiss tax authorities and courts largely rely on general national tax law principles for their assessment of the allocation and calculation of the taxable profit of a company or a PE in Switzerland. They have developed a sophisticated system of profit correction in order to determine the relevant taxation basis, in particular when prices between related entities or within PE relationships are deemed to not be set at arm’s length. This practice is continuously evolving, and the Authorized OECD Approach (AOA) is increasingly integrated in the assessment of each individual case. Against this backdrop, the present contribution discusses the application of the ALP from a Swiss tax treaty and Swiss national law perspective as applicable to transactions among separate entities as well as to head office and PE relations. With respect to the latter, the reader will find an overview of the profit allocation rules applicable in domestic and international cases. Moreover, for illustration, two case studies are developed and analysed for cross-border relations with fixed place PEs (inbound and outbound cases) and an example is provided for the interaction between international and domestic profit allocation. Switzerland, profit allocation, AOA, permanent establishment, arm’s length principle, transfer pricing, international, intercantonal, developments, cases.

TINDAK PIDANA MELARIKAN PEREMPUAN DI BAWAH UMUR DAN PENYELESAIANNYA DI WILAYAH HUKUM KABUPATEN TANJUNG JABUNG TIMUR

Marriage is an inner and outer bond between men and women that is entwined in a domestic relationship to create a household that is sakinah mawaddah warahmah. One of the condotiont that must be obeyed in the implementation of a marriage regulated by law is that the bride and groom must be of legal age. Every marriage that has not meet the marriage age limit, is essentially called a underage marriage is affirmed in article 7 of law Number 1 of 1974 and article 1 paragraph (1) of Law Number 23 of 2002 Concerning Child Protecdtion, that is child someone who is not yet 18 years old and is a pruning of the freedom of chldren’s rights in obtaining the rights to life as a teenager who has the potential to grow, develop and potentially positively according to what is outlined in religion. The problems discussed in this thesis are the intercourse of minors in marital relations and the effects arising from such marriages, because in fiqih view no punishman is given for this action. However, if viewed from the perspective of national law, underage marriages have violated several law and regulations. The factors that influence it’s effectiveness are the subtance of the law Article 332 of the Criminal Code, Law Number 16 of 2019 and Law Number 23 of 2002. The conclusion of this thesis is that the aplication of sanctions against underage run away women in marriage in Tanjung Jabung Timur Regency has never been applied because the are no reports from the victims althought the criminal law regulates sanctions againts the perpetrators because it has caused harm to the victims (women)

PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU PENGANGKUTAN KAYU TANPA DOKUMEN SAH DI WILAYAH HUTAN TAMAN NASIONAL BUKIT TIGA PULUH KABUPATEN TEBO

Marriage is an inner and outer bond between men and women that is entwined in a domestic relationship to create a household that is sakinah mawaddah warahmah. One of the condotiont that must be obeyed in the implementation of a marriage regulated by law is that the bride and groom must be of legal age. Every marriage that has not meet the marriage age limit, is essentially called a underage marriage is affirmed in article 7 of law Number 1 of 1974 and article 1 paragraph (1) of Law Number 23 of 2002 Concerning Child Protecdtion, that is child someone who is not yet 18 years old and is a pruning of the freedom of chldren’s rights in obtaining the rights to life as a teenager who has the potential to grow, develop and potentially positively according to what is outlined in religion. The problems discussed in this thesis are the intercourse of minors in marital relations and the effects arising from such marriages, because in fiqih view no punishman is given for this action. However, if viewed from the perspective of national law, underage marriages have violated several law and regulations. The factors that influence it’s effectiveness are the subtance of the law Article 332 of the Criminal Code, Law Number 16 of 2019 and Law Number 23 of 2002. The conclusion of this thesis is that the aplication of sanctions against underage run away women in marriage in Tanjung Jabung Timur Regency has never been applied because the are no reports from the victims althought the criminal law regulates sanctions againts the perpetrators because it has caused harm to the victims (women).

Mechanism of Appointment of DPRD Chair according to National Law Perspective

Mechanism of Appointment of DPRD Chair according to National Law Perspective

Legal Protection of Domestic Workers from A National Law Perspective

The regulation number 13 of 2003 concerning Labour (Labour Law) has regulated the basic principles for the creation of productive, harmonious and just working conditions. However, the law does not substantively regulate domestic workers. We use the normative research with a statute approach. The presence of Minister of Labour Regulation Number 2 of 2015 concerning Protection of Domestic Workers which is expected to reach things that are not regulated in the labour law is in fact far from what was expected. Domestic workers can’t hope for this ministerial regulation because there are differences between the rights of workers in the labour law and the rights of domestic workers in the Minister of Manpower Regulation Nomor 2 of 2015 which can be said to be discriminatory. Domestic workers are categorized into the scope of the informal sector causing limited rights that can be obtained.

ISIS Ex-WNI or Indonesian Ex-ISIS? An Overview in the Perspective of National Law and International Law

In Indonesia, there is a debate regarding the repatriation of former ISIS citizens. One of the main issues is related to the legal protection that will be provided by the state to them, especially their citizenship status. Based on this background, the formulation of the problem in this article is legal protection for Indonesian Ex- ISIS. This article uses a legal research method with a statutory and conceptual approach. Based on the results, it was found that several Indonesian laws and regulations and several international legal instruments expressly recognize the existence of citizenship as a fundamental right for everyone, and no one can arbitrarily revoke or be denied the right to change their citizenship. Sanctions for revocation of one's citizenship status cannot be applied equally to someone whose involvement is only limited to believing in theories, doctrines, or understanding terrorism under the guise of a certain religion. Elimination of citizenship rights by a country is an act that is not taken for granted. The decision-making on the Indonesian Ex- ISIS must still refer to the principle of protecting Human Rights (HAM) and several other international legal instruments.

PERLINDUNGAN HUKUM ABK INDONESIA DI KAPAL ASING DALAM PERSPEKTIF HUKUM NASIONAL

Introduction: Indonesian crew members are every Indonesian citizen who will be, are currently or have been doing work by receiving wages on a foreign ship. In its development, there have been many cases of Indonesian ship crew working on foreign ships such as violence, torture, unpaid wages and so on. This study aims to determine the role of the government in providing legal protection against cases experienced by the crew of Indonesian ships when they are, are or have worked on foreign ships in the perspective of national law. Methods: Normative juridical research uses a normative juridical approach based on primary and secondary legal materials. Result: The data shows that there are a number of complaints and cases of Indonesian Ship Crew members working on foreign ships. Conclusion: This research shows that the regulations in the form of laws and regulations and the policies of the Indonesian government in providing protection are good, but it is still necessary to form policies and regulations that do not overlap, there is a lack of cooperation between related ministries / institutions in overcoming trafficking in persons against citizens Indonesia, the lack of oversight from law enforcement officials in terms of recruitment to reviewing the places where ship crew companies work, and the lack of data on the number of Indonesian crew members working on foreign ships.

CONDITIONS, PROBLEMS, AND SOLUTIONS OF ASSOCIATES AND INTERNATIONAL REFUGEES IN INDONESIA IN THE PERSPECTIVE OF NATIONAL LAW AND INTERNATIONAL LAW

This paper discusses that Indonesia which is not a contracting state to the 1951 Refugee Convention and 1967 Protocol, but still respect human rights of asylum seekers and international refugees on the principle of non-refoulement. By being unable to refuse the asylum seekers, it will result in the accumulation of those who have the potential to disturb the security and order of the Indonesian people. This paper aims to identify conditions, problems, and provide solutions for asylum seekers and refugees in Indonesian territory from the perspective of national law and international law. This writing uses a normative research method with a juridical-normative approach, which refers to the prevailing laws and regulations. The solution that can be provided is the establish regulations regarding the handling of asylum seekers and refugees, improving communication with the main destination countries, conduct training for officer in dealing with asylum seekers and refugees, and optimally applying the Global Compact on Refugee concept. The results of this paper indicate that national law and international law can provide protection for asylum seekers and refugees.

Peran Pejabat Pembuat Akta Tanah dalam Proses Peralihan Jual Beli Hak atas Tanah

The Land Deed Official (PPAT) is a public official granted the authority to make deeds of transfer of land rights, assignment of land rights, and authorization to impose mortgage rights according to the prevailing laws and regulations. However, the question arises about how significant the role of PPAT is in transferring the sale and purchase of land rights, considering the laws and regulations governing land sale and purchase are potentially irrelevant to the current situation. This study aims to analyze the role of PPAT in transferring the sale and purchase of land rights. This type of research is normative juridical research; by using a statutory approach and a conceptual approach. This study uses primary and secondary legal materials. Then, it is described and analyzed to answer the problem to clarify the role of PPAT. The study's results reveal that the process of transferring land rights can be carried out using customary law with three options, namely adol plas, adol gadai, and adol tahunan. Then, from the national law's perspective, land rights commerce must meet the material requirements and formal requirements. PPAT has an essential role in registering land data, namely by making evidence of legal actions regarding land plots. The PPAT position has a strategic role in making authentic deeds a requirement in transferring land rights due to sale and purchase.
 KEYWORDS: PPAT, Deed of Sale and Purchase, Transfer of Rights.

The Implementation of Establishing Marine Protected Area: Lessons Learned From Raja Ampat to Achieve Sustainable Fishery

Raja Ampat has one of the world’s richest coral reef, because it is located in the heart of the coral triangle. However, due to human activities, such as overfishing, shipping as well as climate change has caused serious impacts to the existence of the coral reef and its habitats. As the member of the United Nations Law of the Sea Convention and the Biodiversity Convention, Indonesia has obligation to establish Marine Protected Areas (MPAs). The research aims to analyze comprehensively the implementation of establishing the MPA in Indonesia based on international and national law perspective and to examine whether the existence of the MPA in Raja Ampat can be used as a model to develop MPA in other area to achieve sustainable fishery. This study is a normative juridical research by applying conceptual and statutory approaches. The result of the research finds that the establishing of MPA in Raja Ampat has been successfully achieved sustainable Fishery as part of sustainable development. However, there are some challenges that have to be addressed, such as lack of monitoring in the MPAs due to the limitation of the budget as well as the illegal unreported and unregulated fishing conducted by the people outside indigenous community Thus, it is necessary to conduct monitoring cooperation among the MPAs.