Normative Approach Research Articles

UNVEILING THE LEGAL COMPLEXITIES SURROUNDING DUAL USE OF CHEMICAL IN GLOBAL AND INDONESIAN CONTEXTS

The use of white phosphorus as a weapon is highly dangerous, causing direct physical damage to victims and environmental harm. White phosphorus is just one of many dual-use chemicals that have industrial benefits but also pose significant health and environmental risks. This situation leads to violations of fundamental human rights. This study discusses the legal complexities related to the use of dual-use chemicals in both global and Indonesian contexts, with a focus on Indonesia’s Health Law No. 17 of 2023. The research aims to identify legal gaps in the regulation of hazardous chemical use, from both international and national perspectives, and to provide recommendations for improving national regulations to better protect the public from the threats posed by dual-use chemicals. This study uses a normative legal approach with descriptive-analytical methods. It evaluates the gaps between national and international regulations on dual-use chemicals and the practical impact of these differences on public health protection in Indonesia. The study finds significant gaps between national and international regulations, particularly in terms of oversight and regulation of dual-use chemicals. The implementation of current health laws in Indonesia remains weak. International regulations are stricter, but they have not been fully integrated into national policies, resulting in gaps in public health protection from the threats posed by these chemicals.

BANK INDONESIA’S ROLE IN MITIGATING ISSUES OF MONETARY ECONOMIC SOVEREIGNTY AND HUMAN RIGHTS

Bank Indonesia has strategic authority to maintain the stability of monetary conditions in Indonesia through monetary policy. One concern is the risk is the emergence of shadow banking where fintech companies channel funds from the public. In the long term, this situation can impact the operational conditions of the banking system. One of Bank Indonesia’s mandates is to supervise the provision of services by fintech companies (peer-to-peer lending) to align with the national financial and payment vision and mission, including establishing interlinks between fintech and banking to avoid risks posed by shadow banking. Interlinking works if each party is willing to share customer data. If Bank Indonesia requires fintech companies to share customer or user data, it must be based on clear and specific legislation. This is crucial because user data falls under personal data, and the state must guarantee the protection of its citizens’ personal data. This article discusses the importance of legislation regarding the legitimacy of Bank Indonesia’s authority to regulate interlinks between fintech companies and Bank Indonesia, as well as banking institutions, to avoid shadow banking. The article employs a normative legal approach using literature and legal sources.

Legal Transformation of Trading Businesses into Individual Limited Companies for Indonesian Micro and Small Enterprises

This study discusses the transformation from a Trading Business (UD) to an Individual Limited Company (PT Perorangan) as an effort to empower micro and small enterprises in Indonesia. In the context of corporate law, this transformation provides a strong legal basis and good corporate governance, enabling a Trading Business to obtain legal entity status as well as broader access to funding sources and legal protection. Utilizing a normative legal research approach, this study analyzes related legislation and assesses its impact on the sustainability of micro and small enterprises. The findings indicate that this transformation not only enhances legal certainty but also offers opportunities for companies to grow more professionally and sustainably. Moreover, the obligation to report financial documents digitally increases transparency and trust among business partners. The findings of this study are expected to make a significant contribution to the literature on empowering small businesses and encourage the government to continue supporting the transformation of Trading Businesses into Individual Limited Companies as part of an inclusive economic development strategy.

LEGAL JUSTICE FOR LOW-INCOME COMMUNITIES IN BALANCED RESIDENTIAL DEVELOPMENT

This research investigates legal protection for low-income communities in the context of balanced residential development in Indonesia. The study aims to analyze the policies and regulations surrounding balanced housing development while identifying solutions to promote social justice for low-income people (MBR). Grounded in Law No. 1 of 2011 on Housing and Settlement Areas, which mandates the government to address housing needs for MBR, the research reveals various implementation challenges. Utilizing a normative juridical approach, the analysis employs legal protection theory, development law theory, and human rights theory as frameworks. Findings indicate significant obstacles, including limited land availability and rising land prices, which hinder low-income individuals' access to decent housing. The research underscores the necessity for stricter legal protections and adaptable policy measures to achieve the objectives of balanced housing development effectively.

Reform of Article 46 Paragraph (3) Letter C of the Broadcasting Law Regarding the Phrase "Prohibition of Advertisements Demonstrating the Form of Cigarettes": Comparative Study With Singapore

<em>This study has been motivated by the weaknesses in the formulation of the Article 46 Paragraph (3) Letter c of Broadcasting Law No. 32 of 2002, which bans only those cigarette ads showing the shapes of cigarettes and leaves room for the tobacco industry to practice indirect advertisement. The focus of this research is to assess the enforcement of limitations on cigarette promotion in broadcasting law and to explore the legal modification of c of Broadcasting Law Article 46 paragraph 3. The method of the study is a normative juridical approach and comparative law method. The findings reveal that current laws in Indonesia have been ineffective in controlling the increase of the smoking population, among the youth in particular, due to a number of issues that the tobacco industry exploits. In contrast, smoking problems are much less prevalent in Singapore which has imposed more stringent policies. Most importantly, the research also discusses that ineffective regulation in Indonesia results from poor enforcement and light punishments offered for violations of the law. Therefore,there is need for restructuring section Article 46 Paragraph (3) Letter c of the Broadcasting Law, by promoting a bitter pill approach towards cigarette advertising, in addition to the current ineffectual position interrogated, to enhance public health.</em>

Searching for Love and Babies: A Qualitative Study on Online Social Support Among Women with Infertility

ABSTRACT With the popularity of computer-mediated communication, accessing online social support has become more accessible for women confronting infertility, yet the role of such support for Chinese women remains understudied. This study investigates the online social support experiences of Chinese women navigating infertility within the framework of Cutrona and Suhr’s social support. Employing netnography and semi-structured interviews alongside thematic analysis, the findings highlight challenges in informational support due to limitations in online information dissemination, with some degree of overlap observed between informational support and network support. Emotional support proves crucial and esteem support aids in mitigating self-blame among online forum members. Tangible assistance primarily involves expressed willingness to help. This research advances social support theory by exploring new areas, clarifying online support mechanisms using Daena Goldsmith’s normative approach, highlighting sociocultural influences, and enhancing understanding of esteem support in the context of stigmatization.

Integrating User-Generated Content (UGC) with the Normative Approach to Define Indicators of Quality for Visitor Experience at Archaeodestinations

ABSTRACT Various ‘management-by-objectives’ frameworks for visitor use management have evolved to balance enhancing visitor experiences with preserving heritage resources at archaeodestinations. These frameworks employ a normative approach, identifying specific indicators to assess visitor experience quality and resource conditions, along with associated thresholds that denote acceptable conditions. Traditionally, the normative approach for assessing visitor experience quality primarily relied on on-site questionnaires and face-to-face interviews. However, with the proliferation of online platforms like TripAdvisor, managers of archaeodestinations must adapt their strategies to leverage User-Generated Content (UGC) for evaluating visitor experiences. Embracing a novel methodology, this research integrates UGC with the normative approach to develop indicators for visitor experience at Petra World Heritage site in Jordan. A content analysis of 618 reviews posted on TripAdvisor was conducted, providing valuable insights into the visitor experience at Petra and assisting in developing potential indicators of quality for the site. Related methodological and managerial implications and recommendations are also discussed.

Critical analysis of international law failures in the Russian invasion of Ukraine: implications for global security

This paper offers a critical analysis of the structural deficiencies in international law that Russia’s full-scale invasion of Ukraine revealed in 2022. The study reveals a significant failure of international legal mechanisms, in particular the United Nations, to effectively deter Russian aggression and prevent the escalation of violence. Despite numerous legal actions and international responses – including resolutions by the United Nations General Assembly, proceedings at the International Court of Justice and investigations by the International Criminal Court – these measures have failed to alter Russia’s conduct or prevent further deterioration of the situation in Ukraine. The study employs a normative juridical approach, analyzing the legality of Russia’s actions considering established international norms and principles. Through this methodology, the research uncovers how Russia’s justifications for its military intervention – based on self-defense, collective self-defense, and allegations of genocide – are legally flawed and inconsistent with international law. Moreover, the research reveals the broader implications of these violations, including the potential erosion of global legal norms and the setting of dangerous precedents that could undermine international peace and security. The findings of this research highlight the urgent need for reform within the international legal framework to address these deficiencies. The paper concludes by proposing specific reforms, such as expanding the abstention obligation in the United Nations Security Council and clarifying the legal basis for humanitarian intervention, to strengthen the enforcement of international law and better protect state sovereignty. These insights contribute to the ongoing discourse on the role of international law in conflict resolution and the maintenance of global security.

‘Playing war’: Norwegian soldiers’ experiences of fun and responsibility in Afghanistan

This article discusses Norwegian soldiers’ experiences of fun in Afghanistan and probes the meaning of this experience and its condition of possibility. Challenging Western moralities of war, it shows that ‘fun in war’ can be experienced and represented as ordinary and commonsensical, but also ephemeral and immature. Moving beyond normative and functionalist approaches, it specifically highlights the importance of context, temporality, and soldiers’ sense of responsibility and innocence.

Social Justice Coalition & 2 others v Minister of Police and 4 others: Right to City as a Mitigating Concept to Harms on Public Safety

The South African constitution in section 9(3) prohibits unfair discrimination against anyone. This paper aims to unpack a judgement handed down by the Constitutional Court of South Africa on 19 July 2022 relating to the unfair allocation of policing resources in South Africa, thus resulting in unfair discrimination. The case discussed is the case of Social Justice Coalition and 2 others v Minister of Police and 4 others. Systematic discrimination has seen less allocation of police resources amongst poorer communities such as Khayelitsha in Cape Town. The paper further aims to see how local government can play a meaningful role in promoting public safety in its law and policy, thus promoting the ‘right to city’ and adhering to United Nations normative approaches on Urban crime and safety. This may mitigate systematic discrimination that historically disadvantaged areas have in policing resources across South Africa. Generally, South Africa is ranked one of the most violent societies. Murder, robbery, rape, femicide, and domestic violence occur at alarming levels. Cities such as Cape Town rank amongst the twenty most violent cities in the world, with the likes of some Latin and Central American cities, which are countries that are not in any form of civil war or civil unrest. It is a general norm that some areas have developed a reputation of being high risk to public safety because of various violent crimes such as gun shooting, stabbing, and rape. Certain areas in metropolitan cities, such as Khayelitsha Cape Town, are known to have high unreported incidents of violent crimes. It is worth pointing out that the application brought before the courts focuses on the lack of policing resources in Cape Town. This judgement also fits into the reality of the situation across South African townships under-resourced with policing resources to deal with violent crime and other crime. The paper will be structured in a way that first gives a background of the case, secondly a critical analysis of the case through the concept of ‘right to city’ and thirdly, submissions and a conclusion.

The Effectiveness of Restorative Justice in Resolving Juvenile Criminal Cases: An Examination of Legal and Social Perspectives

The objective of this research is to examine and address issues pertaining to the enforcement of the law in instances of violent criminal activity perpetrated by students of legal age who are enrolled in educational institutions. External factors, including association, education, and social environment, exert a significant influence on children's criminal behavior, which frequently originates from the tendency to emulate negative behaviors and the lack of adequate parental supervision. This research employs a normative legal approach to elucidate the nature of the penalties imposed upon minors who perpetrate criminal acts, as delineated in the Juvenile Criminal Justice System No. 11/2012. The findings indicate that to avert criminal conduct by minors, it is imperative to implement sustainable development initiatives that bolster the survival, physical, mental, and social advancement of children, while safeguarding them from threats that could jeopardize their future and the nation. The juvenile criminal justice system incorporates community involvement throughout the entirety of the case process. Crimes occurring within the community are shaped by the prevailing social conditions, along with individual factors pertaining to the perpetrators and victims. At the conclusion of each case, the community is tasked with facilitating the reintegration of offenders and victims back into the social milieu. This is achieved through either the establishment of new informal institutions or the reinforcement of existing formal ones.

Criminal Liability of Online Gambling Perpetrators in Indonesia According to the Electronic Information and Transactions Law

Online gambling has become increasingly prevalent over a long time due to the ease of access and the ability to play from anywhere with an online association. The reason for this consideration is to look at and analyze the legal provisions against online gambling offenders in Indonesia. The research method used in this study can be a normative legal approach supported by experimental law with graphic depiction. In extension, important information is also used as supporting material for additional information. For control checks, legitimate and standardized check strategies are used. From the search results regarding the legal provisions against the perpetrators of online betting violations in Indonesia, it appears that the legal authority against online betting violations is the criminal sanction against online betting based on Article 45 of Law Number 11 of 2008 concerning Electronic Information and Transactions, but the punishment for the perpetrators is lower than the threat of criminal sanctions in Article 303 of the Criminal Code, so it does not have an inhibiting impact on the perpetrators of online betting violations. Criminal liability for online betting offenses in Indonesia is the responsibility of the perpetrators of online betting offenses indicated by the existence of criminal offense components. In addition, the activity component is one of the most important components in criminal liability, because a person cannot be sentenced if he does not commit an act that is classified as an act rejected by the law.

The Application of Criminal Law in Addressing Corruption Crimes: Strategies and Challenges

Corruption poses a substantial challenge for Indonesia, affecting community life, national development, and state functioning. It leads to significant financial losses and economic repercussions for both perpetrators and the nation. To combat this issue, it's essential to harmonize legislation, enhance international cooperation, and develop an integrated approach to law enforcement while encouraging active community participation. Addressing corruption requires improvements in education, training, and the instillation of moral values. This research aims to understand the characteristics of normative legal knowledge and to explore legal regulations and their principles using a normative juridical approach, relying on secondary data analysis. Active prevention of corruption and a proactive role for corruption courts are crucial. Key findings suggest the need for rigorous law enforcement, the abolition of gratuities, increased transparency, and enhanced public ethics. Collaboration among the government, law enforcement, and the community is vital to effectively tackle corruption. Fair law enforcement and legal certainty must be ensured to build a collective conviction among stakeholders. A multifaceted approach is necessary for effective corruption eradication, including system improvements, educational campaigns, and repressive actions. Sustained efforts can minimize corruption's negative impacts, foster public trust, attract investors, and uphold national dignity while deterring corrupt activities. Furthermore, maximizing the recovery of state funds lost to corruption is essential for the nation’s integrity and development.

A Defence of Genuine Open Intersubjectivity in Object Perception

ABSTRACT The thesis of open intersubjectivity (OI) is that the other is present in our perceptual experience of objects without any concrete encounter. The main goal of this paper is to provide a modified version of this thesis that meets two conditions at the same time: first, preserves the main insight of OI, namely the structural presence of the other in the act of object perception; and second, prevents challenges to the strong version proposed by Zahavi. To that end, after Zahavi's explanation of OI is introduced, the main lines of argument against it will be discussed. These lines call into question both the phenomenological validity of this version and the broader context in which it has been embedded. Then, a new framework for object perception will be proposed which reconciles the normative and enactive approaches to object perception. This new framework is capable of meeting the two aforementioned conditions.

Collocation of restorative justice with human rights in Indonesia

Applying restorative justice in Indonesia is beset by obstacles like a lack of knowledge, inadequate infrastructure, and opposition from law enforcement, especially when human rights considerations are incorporated into the process. For this reason, the relationship between these two elements is worth examining. This paper explores and analyses the integration or synthesis of restorative justice with human rights in Indonesia. This paper employs a normative approach with prescriptive analysis based on studies of legislation and cases that integrate the principles of restorative justice with human rights. The findings indicate that collocation helps understand how grammatical structures can reflect and influence the interpretation of restorative justice in human rights, particularly in legal texts and policy reports. In Indonesia, restorative justice can be used in conjunction with the enforcement of human rights laws, particularly when addressing grave human rights breaches, since it emphasizes balanced reconciliation, recovery, and reintegration between offenders, victims, and society. In conclusion, although it has several implementation and legal issues, restorative justice can be an alternate strategy for resolving grave human rights breaches. The recommendations are for a stronger and more comprehensive legal framework to support the implementation of restorative justice in Indonesia's human rights context.

The Contestation of Legal Foundations in the Resolution of Islamic Economic Disputes in Religious Courts

Prior to the issuance of Supreme Court Regulation No. 2 of 2008, judges in Sharia economic dispute cases primarily relied on legal sources from kutub al-turāṡ (classical fiqh texts), including those pertaining to fiqh al-qadā’ (jurisprudence on adjudication). However, following the implementation of this regulation, some judges have continued to incorporate the Civil Code in their legal reasoning. This article seeks to examine the legal framework for resolving Sharia economic disputes in Indonesia. The theoretical foundation applied by the author is Lawrence Meir Friedman’s legal system theory. This study employs a normative legal approach to explore the legal system governing Sharia economic justice in Indonesia’s Religious Courts. It examines decisions from the Religious Courts in Purbalingga, Banyumas, and Purwokerto, focusing on rulings made both before and after the issuance of the Supreme Court Regulation on the Compilation of Sharia Economic Law (KHES), as well as five decisions from 2018-2019. The study’s findings reveal that the legal framework for Sharia economic dispute resolution in Indonesia has adequately addressed community needs, with the Religious Courts holding exclusive jurisdiction over these matters. However, there is an ongoing contestation between Islamic legal sources and civil law, which is rooted in Dutch law, in the decisions analyzed. Moreover, the absence of a Compilation of Islamic Economic Procedure Law based on Islamic Law has contributed to the suboptimal implementation of legal substance and culture. As a result, according to Friedman’s legal system theory, the legal framework for resolving Islamic economic disputes has not yet functioned effectively from the perspective of Islamic law.

Tinjauan Filsafat Hukum Islam dalam Pembagian Ahli Waris Pengganti

This research examines the main question regarding the validity of substitute heirs from the perspective of Islamic legal philosophy, which has sparked debates among scholars concerning the application of justice and welfare principles in inheritance. The background of this issue stems from the absence of explicit provisions regarding substitute heirs in the Qur'an and hadith, while this phenomenon frequently occurs in modern inheritance practices. The novelty of this research lies in the legal-philosophical approach that links the concepts of justice, welfare, and continuity in inheritance distribution, exploring the views of both classical and contemporary scholars. This study uses a literature review method with a normative and comparative approach, analyzing Sharia principles and interpretations by Islamic jurists regarding substitute heirs. The findings reveal that while the concept of substitute heirs is not explicitly mentioned in the Qur'an, some scholars allow its practice based on principles of justice, welfare, and societal needs. This reflects the flexibility of Islamic law in addressing social dynamics without compromising core Sharia principles. The conclusion emphasizes the importance of considering social context and welfare in the application of Islamic inheritance law, while adhering to the justice principles taught by Sharia.

Legal Protection and Rights of Indigenous Peoples: Legal Certainty in Managing Natural Resources

<p><em>Indigenous peoples possess traditional rights to natural resources within their territories, yet these rights are frequently overlooked or marginalized due to inadequate policies and regulations. This research aims to examine the legal protection of the Baduy tribe's rights in managing natural resources and to explore how legal certainty can be achieved in this regard. Utilizing a normative juridical approach, the study analyzes relevant laws and regulations pertaining to indigenous rights and state-provided legal protection. The findings reveal that the recognition and protection of customary law communities in Indonesia highlight the state's commitment to supporting social entities with autonomy over their lives. Despite the pressures of modern integration, indigenous peoples continue to uphold their identity, traditions, and customary rights. Legal acknowledgment of these rights is enshrined in the 1945 Constitution and various laws, including Law No. 5 of 1960 on Agrarian Affairs, Law No. 4 of 2009 on Mining, Law No. 41 of 1999 on Forestry, and Law No. 7 of 2004 on Water Resources. However, effective implementation is often hindered by regulations that do not adequately address customary rights. While Constitutional Court Decision No. 35 of 2012, which recognizes customary forests as belonging to indigenous communities, represents significant progress, challenges persist. The need for revisions to create more inclusive laws or regulations is pressing. For the Baduy tribe, Lebak Regency Regional Regulation (Perda) Number 32 of 2001 on the Protection of Ulayat Rights is a critical development. This regulation offers legal certainty and safeguards their traditional rights, including customary land and natural resources, and tackles issues like illegal logging and forest encroachment. By acknowledging local wisdom and customs, this regulation aims to preserve Baduy culture and enhance security and social stability in their area.</em></p>

A New Framework for Monitoring and Evaluating Health Impact Assessment: Capitalising on a French Case Study with the Literature in Evaluation.

Health impact assessment (HIA) is a prospective approach that aims to identify the potential consequences of policies or projects on health in order to propose measures to make them healthier. Initiated in the late nineties, the approach emerged over ten years ago in France. However, the evaluation of HIA effectiveness remains seldomly practised and its theoretical background should be deepened. The aim of this article is to generate a discussion on how to evaluate HIA effectiveness and contribute to its methodological tooling, drawing on an evaluative experience of multiple French HIAs. Our work is based on an iterative approach between an analysis of the evaluation literature and a critical look at an HIA evaluation. We first carried out the evaluation of three HIAs in 2017-2018, combining a normative approach and qualitative research in order to explore each HIA as a phenomenon in its own context. Two years later, we conducted a self-assessing expertise on this evaluation, supported by an analysis of the literature in the field of public policy evaluation, in order to refine the theoretical framework for evaluating HIA effectiveness and ultimately to enhance professional practice by evaluators. This work led to the production of a logic model that identifies, through three dimensions (context, implementation and governance), the multiple pathways that HIA may take to bring about change. It also seeks to show the interdependence of these pathways towards change and helps identify the key drivers and mechanisms of HIA success. In this respect, it complements existing HIA evaluation models as it can serve both as a generic framework for evaluating HIA effectiveness and as an instrument for monitoring HIA implementation.

Socio-legal instabilities in Ukraine’s wartime Compensation Law for damaged and destroyed residential property

Abstract Laws seeking to resolve war-related problems face a significant dilemma. While the legal establishment in a war-affected country drafts laws based on normative approaches suited to peacetime and stable settings, the civilian population pursues crises livelihoods that are markedly unsuited to compliance with or use of such laws. What emerges are socio-legal instabilities that aggravate instead of resolve wartime problems. With a socio-legal examination of Ukraine’s wartime housing Compensation Law, this article describes six sets of instabilities that compromise the utility of the law and aggravate or create additional problems: (1) the case-by-case approach, (2) administrative and institutional capacities, (3) legal vs. available evidence, (4) the timeframe for claims submission and awareness raising, (5) excluded segments of civil society and (6) prohibitions on selling properties. Approaches from international best practice that may be able to attend to these instabilities are then suggested.