National Law Reform Research Articles

Legal Politics Of Criminal Responsibility In Reform Policy

<em>Law Number 1 of 1946 established the Criminal Code (KUHP), which was once a translation of Wetboek van Strafrecht and will remain in effect until the end of 2022 with all of its changes. The fundamental ideal that the entire Indonesian people strives for—liberation from all notions of colonialism—is carried out through the dialectical process of the Criminal Code in legislative actions for 60 (sixty) years. Therefore, the adoption of Law Number 1 of 2023 respecting the Criminal Code expresses the concepts of decolonization, recodification, democratization of criminal law, and adaptive harmonization. This study focuses on the legal politics of criminal responsibility from the standpoint of national criminal law reform. It seeks to address the following issues: (1) What is the legal politics of criminal responsibility in current positive criminal law?; and (2) What is the criminal responsibility law's political reform policy at the national level? This study compares criminal culpability under the old and new Criminal Codes using a comparative approach and a juridical-normative approach as its primary methodology. The primary focus of this study is secondary data, which encompasses both primary and secondary legal resources. Qualitative analysis techniques were used to analyze the data in the interim. The study's findings demonstrate that the fundamental tenet of criminal law reform—the principle of balance—is a fresh approach to the legal politics of criminal responsibility in the context of national criminal law reform. This approach is motivated by the Pancasila balance values, which are defined as Godly, Human, and Community values.</em>

LGBT In Criminal Code: A Dialeectics Of Morals And Human Rights From Prophetic Legal Perspective

The existence of LGBT individuals in Indonesia remains a contentious topic in society due to the perceived deviation from social norms in their orientation and behavior. Opinions on how to address LGBT individuals vary greatly, with some supporting their rights and others opposing them based on differing interpretations of human rights and moral and religious values. One prevalent discourse is to criminalize LGBT behavior as a violation of public decency in the reform of the Criminal Code. However, problems arise due to the lack of clarity in regulations and how to address the group from moral and human rights perspectives. This paper will discuss the ratio legis of LGBT regulation in national criminal law with human rights and morality variables, using the perspective of prophetic law. The data collection method is a library research model, and secondary data is used with descriptive-qualitative analysis techniques. The study found that the inclusion of LGBT elements in the national criminal law reform is a preventive measure taken by the state to curb the potential impact of LGBT on society. However, it is important to note that this reform is limited to criminal acts of decency and does not imply an implicit prohibition. It is crucial to maintain public morality without discriminating against any particular group. The principle of human rights and morals in Indonesia is based on Pancasila, which serves as the philosophical foundation and the ideals of national law. Therefore, LGBT sexual orientation and behavior are not accepted. The regulation of LGBT in the Criminal Code reaffirms the basic principles of the state built on the Almighty God and considers the legal system holistically, not limited to the principle of legal positivism, but also including morals as the substance of law.

Child Trafficking: An Issue for Criminal Law Reform in Indonesia

This paper aims to examine the problems with Indonesia’s proposed criminal law reform. It is a legal normative research kind. It can be obtained by using a literature study. The implementation of this research is limited to how the development orientation to find issues of child trafficking relates to reform of the criminal law. The orientation of reforming national criminal law cannot be contradicted by another regulation. Crime, criminal responsibility, and sentence are the three main problems in criminal law that represent the concept of balance. The issue of national criminal law reform for child trafficking is based on political, practical, and sociological considerations. The urgency of preventing and eradicating child trafficking needs to be carried out by formulating trafficking in persons in the Law No. 1 of 2023 Concerning Penal Code in an explicit, firm, and well-substantiated manner, as well as by including the meaning, scope, and limitations trafficking in person, including child trafficking.
 Keywords: child, trafficking, criminal, law, reform

Development Of National Legal Political Strategy In Indonesia

In the development of the political situation entering the era of the third millennium, in various countries, it turned out that they were leaving political autocracies that were more dynamic toward legal reform, including Indonesia, which had implications for amendments to the 1945 Constitution. The study aimed to analyze the problem, how to correlate legal reform with the development of national legal politics in Indonesia. The study method used was descriptive analysis approach. The discussion of these problems that correlate legal reform in the development of national legal politics in Indonesia, in essence, has a philosophical content to achieve legal goals within the framework of realizing the goals of the Indonesian state, namely achieving a just and prosperous society. It can be concluded that the development of national legal politics is one of the important areas of development, which also requires intensive attention and handling like other development fields. In the transitional era of the New Order era to the Reformation era, national law reforms provided accommodation to resolve various problems. The political development of the national law seems rather difficult to implement so that in some ways the politics of national law development seems to be somewhat sloganistic. Keywords: development of national, legal political, Indonesia

KRITIKAL ANALISIS PENEGAKAN HUKUM TERHADAP TINDAK PIDANA CYBER PORNOGRAPHY: KAJIAN PERBANDINGAN HUKUM NEGARA INDONESIA DAN CHINA

The rise of cyber pornography is a crucial problem that attacks the morals of the young generation in various countries. Every country in the world has different regulations in handling cyber pornography crime as a form of prevention. Indonesia until now still has difficulties in suppressing the high crime of cyber pornography, therefore good regulation and law enforcement are needed to suppress the high cyber pornography. Reflecting on China which has proven and succeeded in suppressing the high crime of cyber pornography. By using the legislative approach and comparative approach, this research proves that by conducting a comparative study of law with other countries, namely China, it can be an alternative to national law reform, especially in dealing with the rise of cyber pornography in Indonesia.

Analysis of Legal Unification toward the National Legislation Program in Indonesia

This study aims to identify and reconstruct various national legal issues. The results of the study were obtained by emphasizing that national law reform is a political process whose success depends on the balance of power between actors within it so that a dialectical process involving all components is carried out by improving legislation. The type of research used is library research which focuses on the library. Data sources are obtained by tracing the literature as well as regulations and norms related to the issues to be studied which originate from books on legal politics, the development of national law, and the science of legislation. The results of this study are (1) That the concept of legal unification in the National Legislation Program is that it must ensure the integration of the nation and state both territorially and ideologically as well as integrating nomocracy (2) because legal unification has succeeded in producing a legal building with modern characteristics with the characteristic of accelerating the integration process, namely development, unity & unity (3) That the conception of legal unification in the future amidst legal pluralism is through the mechanism of harmonization and synchronization of laws and regulations by taking into account several aspects namely legal substance, legal structure, legal culture, and supporting infrastructure.

Europeanization of Environmental Law of the European Union Member States

Topicality. The topicality of the issue presented in the article is due to the insufficiency of research on the Environmental Law Europeanization in domestic legal science. The purpose of the article. The purpose of the article is to study the essence of the concept of “law Europeanization” and the peculiarities of its implementation in the field of Environmental Law of EU member states and candidate states. Research methods. The Europeanization concept arose and developed as a result of changes occurred within the theory of integration itself. The article deals with the influence of the process of deepening of the integration and expansion of the European Union on the obligations of the member states regarding the protection of the environment and climate.It is observed that the construction and functioning of the EU legal order is a decisive factor of integration, which is viewed as a project of building a single market, complemented by the range of policies implementation, in particular in the field of environmental and climate protection. Results. The concept of Environmental Law Europeanization was analyzed, and the way how the legal systems of the EU member states contribute to the development of the European Union Environmental Law, which is supranational by its legal nature, was examined.It is emphasized that the Europeanization of law cannot be addressed as a homogeneous process, nor as a process that leads to the same result in each of the member states.Despite the obvious dominance of international law and globalization as factors determining the national law reform, it can be argued that the peculiarities of legal regulation of relations in the field of environmental and climate protection are caused by the consequences of “soft” or indirect Europeanization. In many cases, the rules of the EU legal order, which are incompatible with national rules, create pressure on national governments, prompting them to adapt national environmental legislation to European environmental legal standards. Attention is drawn to the fact that within the framework of the process of European integration, the process of de-Europeanization can occur to a certain extent and for various reasons. The significance of the results. The conclusions obtained as a result of the research will contribute to the awareness of the phenomenon of Europeanization of the EU member states and candidate states national law, in particular such a component as Environmental Law, its directions and forms, and may be useful in the process of domestic environmental legislation to the European Union environmental legislation adaptation.

Advancing right to health considerations in national responses against health sector corruption: the case for action

PurposeHealth sector corruption constitutes a pervasive challenge and a major obstacle to the equitable enjoyment of the right to health by exacerbating health inequalities within societies, while often eroding public trust primarily amid public health crises that threaten human security. The purpose of this paper is to examine the value of advancing right to health considerations in national legislative and regulatory responses against health sector corruption.Design/methodology/approachThis paper builds on existing evidence, with focusing attention on international standards that are relevant to the topic under discussion. The literature research included publicly available reports, peer-reviewed studies and other documents primarily of human rights bodies at the United Nations level.FindingsAdvancing right to health considerations in national responses against health sector corruption offers comprehensive guidance for the deployment of a strong regulatory anti-corruption framework for action by the governments as part of their health rights obligations. Essentially, the implementation of such a national framework for action, encompassing accountability, participatory decision-making and transparency, constitutes a necessary and an important step towards maintaining well-functioning health systems and a robust social pressure for continued political commitment with the ultimate goal the provision of equitable access to quality health services at all times.Originality/valueBy using a rights-based approach, the paper identifies a national framework for state action consisting of legal obligations and tools towards guiding governments, while at the same time empowering civil society groups to demand the implementation of core human rights principles of transparency, participation and accountability within health system governance. It provides insights for the future development, reinforcement and/or reform of national law, policies and practices towards minimizing and eradicating vulnerabilities to health sector corruption.

Challenges to the Implementation and Enforcement of Data Protection in Nigeria

The formation of laws that contain the order of social, national and state life is part of the public decision-making process. Public decisions in the form of this law will be binding and apply to all people in a country. Its formation must provide a public space for the wider community to participate in the process of its formation. Pancasila as the root of the legal ideals of the Indonesian nation has the consequence that in the dynamics of the life of the nation and state, as a view of life adopted will provide coherence and direction (direction) to thoughts and actions. Reform of national law is directed at realizing laws based on the will of the people (democratic), then laws which are part of the national legal system in the process of their formation must reflect democratic values which are characterized by actively and comprehensively involving all levels of society in order to participate. inside it. Keywords : Formation of Laws, Renewal of National Laws and the Era of Democracy DOI: 10.7176/JLPG/121-07 Publication date: June 30 th 2022

Contribution of Islamic Law Concerning The Death Penalty to the Renewal of Indonesian Criminal Law

This paper aims to describe and analyze the contribution of Islamic law in the regulation (policy formulation) of the death penalty in the context of reforming the national criminal law. Determining the death penalty as a means to tackle crime is a policy choice because capital punishment is a pro and con issue among legal experts. Because the debate about the death penalty is related to the right to life which in international legal instruments and the 1945 Constitution is included in the category of rights that cannot be reduced under any circumstances (non-derogable rights). Islamic law recognizes the death penalty in a crime that has been determined by Allah SWT. in the Al-Qur’an. The death penalty in Islam gives its color with the idea of ​​balance that does not only focus on the perpetrators of the crime but also the victim. Of course, this idea of ​​balance is following the basic values ​​of Pancasila. The death penalty in Islam in the qishahs punishment recognizes the concept of forgiveness from the victim’s family which needs to be developed in the future, especially in the draft Criminal Code which until now has not been ratified as a means for national law reform.

A new source for (EU) labour law?

Looking at the instruments of the EU economic governance (Memoranda of Understanding; Country Specific Recommendations) from the perspective of national labour law systems reveals wide differences in their impact. If it is possible to draw a direct link between the demands of a Memorandum and national labour law reforms, the picture is less clear for Country Specific Recommendations. Notably, different Member States show a different degree of ability to ‘resist’ these Recommendations, which appears to be based more on their coherence (or lack thereof) with national political preferences than on the specific situation of the given Member State when it comes to the corrective mechanisms of the EU economic governance. From the perspective of labour law, these instruments still show little in the way of a more ‘social’ approach. Taken together, these conclusions suggest that the instruments of the EU economic governance could hardly provide a productive contribution to the development and enforcement of EU labour law, risking, on the contrary, leading to its fragmentation due to their uneven impact across Member States.

Pidana Adat Baduy dalam Perspektif Pembaharuan Hukum Pidana Nasional

The renewal of the National Criminal Law is a discourse that has long been held by the Indonesian people. The Criminal Code (KUHP) is considered no longer able to fully accommodate legal interests in the era of globalization. The Criminal Code is actually a memento from the colonial period, where the criminal code was adopted from the criminal law system of the Dutch colonial nation. One of the things discussed in the discourse and travel or criminal law reform process is the accommodation of customary law in the draft revision of the KUHP law (RUU KUHP). This research makes the Bedouin customs as the object of study. The selection of the Bedouin community itself is because the Bedouin has its own customary criminal code and is the closest indigenous tribe to the capital city. The Baduy are a strong indigenous tribe who defend their customs from the influence of modernization. Then on the existence of such facts, the question arises how is the existence of Bedouin customary law in the discussion of national criminal law reform, these questions will be answered in this study using qualitative methods that will produce descriptive data.

Women’s movements under women presidents: bringing a gender perspective to the legal system

ABSTRACT Few women have risen to the ranks of heads of state or government worldwide. The low numbers of female presidents and prime ministers in world history have left many untested assumptions about the impact of female leadership on the lives of fellow women. This article builds upon two bodies of work – studies of female presidencies, on the one hand, and on women’s movement-building, particularly in South and South-East Asia, on the other – to focus on the relationship between women leaders and women’s movements. Utilising case studies of national law reform during the presidencies of Corazon Aquino (1986–1992) and Gloria Macapagal Arroyo (2001–2010) in the Philippines and Megawati Sukarnoputri (2001–2004) in Indonesia, and drawing from key informant interviews in both countries, I argue that when women lead, women’s movements employ particular strategies to catalyse the passage of ‘women-friendly’ legislation. Examples of law reform illustrate the power of the female vote to sway presidential decision-making and the flow-on effect of a president who values the participation of fellow women in the government bureaucracy. Yet the relationship between female presidents and the success of movements is neither clear-cut nor linear. Women’s movements face opportunities and limitations under the leadership of women presidents, often having to compromise their agendas to achieve a united front.

Has the Time Come for Relief for Federal Convictions?

Congress has been weighing a new form of judicial relief—a Certificate of Rehabilitation—that could alleviate the “internal exile” caused by the collateral consequences of a federal conviction. Aside from the once robust, now rare and erratic pardon power, federal law lacks a general restoration-of-rights regime. Currently authorized by 13 states, judicial certificates of relief are recommended by the major national law reform organizations. This essay describes a bipartisan Senate proposal to authorize federal judges to issue certificates of rehabilitation.

Executive Accountability and National Security

AbstractThe protection of national security has traditionally been an exception to general norms of public accountability, based on prerogative powers. The last three decades have seen efforts to bring national security closer to the normal constitutional control mechanisms of parliament and the courts. The design of and changes to mechanisms of accountability have, however, been accepted without discussion of the often narrower purposes for which they were first established (most notably for oversight of surveillance), the extent of their departure from constitutional principles, or their impact in embedding new forms of exceptionalism in the constitutional framework. This article critically assesses these developments, prompted for example by the Law Commission's recommendations to reform official secrets laws, which adopted trusted intermediary and indirect accountability models without full consideration of historical and contemporary concerns or the exceptionalism on which they were based. Though focused on the UK, our account provides a cautionary tale for national security law reform in any modern democracy.

Influence of International Law Standards in the Field of Judges Labor Protection and European Integration on the Reform of National Law

The legal regulation of the work of judges is important at the international level, confirming the huge number of international legal acts regulating this issue. A number of important documents have been adopted at the regional level, namely under the auspices of the Council of Europe and the EU.
 The provisions of the Law of Ukraine “On Judiciary and Status of Judges” of 2016 are analyzed. The relations between Ukraine and the EU in the aspect of justice and judicial reform in accordance with the Association Agreement and the impact of such cooperation on the legislation of Ukraine are considered. We can argue for the unconditional influence of the rules of international law on the updated Law of 2016 in the context of a clear definition of the criteria for the selection of candidates for the post of judge.
 The article reveals the peculiarities of the influence of the international legal norms and standards of the Council of Europe and the EU in the matter of securing the labor rights of judges and regulating the issue of legal relations with judges. The article compares the compliance of Ukrainian legislation with international legal standards. In addition, the author proposes changes that need to be made to the legislation of Ukraine in order to ensure the protection of the labor rights of judges and increase the efficiency of the judicial system of Ukraine.
 Having considered violations of labor rights and court decisions on these issues, as well as norms of international law and legislation of European countries, the author proposes to introduce a number of important changes in Ukrainian laws. In particular, it is advisable to make changes to regulate the housing issue of judges by the selection of criteria that are put forward to a candidate for judicial office, recruitment procedures and grounds for dismissal of a judge for professional unfitness. Thus, all relevant changes will not only make adjustments to ensure the labor rights of judges and their protection to international law, but will also serve as additional grounds for maintaining the impartiality and efficiency of the judicial system in Ukraine.

Sanksi Pidana Kerja Sosial Terhadap Tindak Pidana Ringan Sebagai Upaya Pembaharuan Hukum Pidana Nasional

This study aims to evaluate the provisions related to social service crime in the draft criminal law (R-KUHP) in the act of national criminal law reform. The study uses a normative juridical with a statue approach. The urgency of social service as the main criminal sanction against minor offenses can be justified through a combined criminal theory. Social service appropriate in the case of minor criminal offenses because this criminal has the advantage, i.e., the criminal sanction is punitive and still maintaining that the perpetrator can reintegrate into the community. The provisions of social service in the R-KUHP are quite complete and comprehensive. But several things can be noted, i.e., the need for adjustments to several clauses in the R-KUHP related to the provisions of social service and assessment to test the defendant’s readiness to work in the community needs to be more oriented towards community safety.

Judicial Activism of Provincial Courts in China: Medical Negligence Law as a Case Study

Abstract By presenting a case study of local judicial activism in medical negligence law reform in recent China, this article examines the active engagement of Chinese provincial courts in bottom-up reform of national laws. Contrary to conventional wisdom that law-making is the least important function of local courts, it finds that provincial courts in China, like the Supreme People’s Court, are actively engaging in law-making, which is an essential part of their functions. It also reveals that the national judiciary is more susceptible to political pressure while the provincial judiciary tends to be less vulnerable to political pressure and more responsive to populist pressure when exercising its law-making power. Therefore, provincial courts may be in a better position to reform national laws in response to urgent social needs, in contrast to the Supreme People’s Court, which encounters political obstacles in pursing top-down law reform. By exploring the dynamic national–local judiciary relationship in the law-making landscape, this article argues that judicial activism of provincial courts in national law reform opens an alternative channel through which populist views can effectively move up to become part of national laws despite China being a non-democratic country.

PERAN ADVOKAT DALAM PEMBANGUNAN HUKUM INDONESIA

In everyday there are few terms that used to interpret this law profession. Some are termed the lawyers and also use the phrase of legal advisor, lawyer or advocate in Malaysia known as Peguam . The advocates, lawyer and legal advisor terms in english languange also can be called as trial lawyer or specifically in America known as attorney at law as well as in the United Kingdom known as barrister , and the role given by the lawyer that using the legal advisor terms in America known as counselor at law or also solicitor in United Kingdom. In constitution number 18 of 2003 about advocate, the word advocate is used in chapter I about General Conditions explained, Advocate is a person who work as legal professionals, both inside and outside of the court who fulfills the requirements under the provisions of this law. In practice the law profession is not only undertaken by the advocate during examination process at the level of investigation and examination in court (litigation process), however the role of advocate is also seen outside the court. The need for advocate legal services outside the court process is currently increasing, in line with growing needs of the community law, especially in existence that is increasingly open in association between nations. Through consulting services, negotiation and in making contracts for community empowerment and national law reform, especially in the economics and trade, including settlement of disputes outside of the court. Advocates as one element of the justice system is one of the pillars in upholding the rule of law and the human right. Advocates are a noble profession that is closely related to humanity. Increasing capital flows and foreign investment, especially among business people in ASEAN member countries (inter-ASEAN trade and investment), logically it will be followed by an increase in the need of lawyers or legal advisor services. This profession is important in providing direction and legal advices, including the assistance needed by business people properly and protected in Indonesia. Vice versa, when Indonesian business people decided to develop the investment and production activites, for example to Thailand or other ASEAN countries. Indonesian business people will need the services of lawyers or legal advisor who understand the provisions of Thailand laws. The challenges of the advocates basically lies mostly on advocates and the professional advocate commuity to how far the advocates can respond to the problems of the community in his environment. Another challenge is the political climate factor wich is not conducive to developing the role of advocates, for this reason, there is a need for a socialization of the function of the existence of an advocate role both for officials and the general public. These challenges will be increasingly complex when professional skill and the enthusiasm for learning from the lawyers do not grow in accordance with the demands of the global era, including the mastery of foreign languages as a key to opening communication with foreign relation. For this reason, the relationship network with IBA ( International BAR Association), ABA ( American BAR Association ), Lawyer Commitee For Human Rights and the like needs in the era of globization.

Punishment Asset Forfeiture for Corruptor In Perspective of Indonesian Community Justice

This study discusses the prospect of criminal asset forfeiture in the Corruption criminal act as a staple criminal. The research is based on the fact that the state's financial loss recovery due to corruption crimes is not achieved, whereas the purpose of law enforcement corruption is aimed at restoring the state's financial losses. But these objectives are not manifested through proper pipetting to accomplish that goal. The purpose of this research is to assess the prospect of asset deprivation as a staple criminal in the framework of national criminal law reform . The methods used in this study used normative research methods with a conceptual approach as a breakthrough problem occurred. This research gain results when criminal asset forfeiture is placed as principal criminal; it will realise the goal of state financial recovery due to corruption crimes and will be aligned with community justice. Keywords: Asset forfeiture, Corruption, Penal Reform.