Indonesia Regulation Research Articles

Why Only Scrutinise Formal Finance? Money Laundering and Informal Remittance Regulations in Indonesia

Why Only Scrutinise Formal Finance? Money Laundering and Informal Remittance Regulations in Indonesia

History and Development of Death Sentencing in Indonesia: Current Policy and Regulations

The controversies on death sentencing are not new. The debates over the existence of death sentencing policies and regulations can be flashed back to the existence of human beings. Many instruments have been created, discussed, and agreed upon to protect the use of death penalty sentencing through manifesting human rights. Death sentencing, under the current view, cannot be seen and treated outside the scope of human rights issues. Indonesia has issued Law No.1 of 2023 regarding the Criminal Code. Meanwhile, many countries have tried to abolish the use of death sentencing, and this new law on criminal law has incorporated death sentencing in its provisions and applications by courts. The research aims to discuss the death sentencing policies and regulations in Indonesia before and after the new Criminal Code issuance in 2023. The research is normative legal research that discusses death sentencing in Indonesia. The data used in this research are secondary, which consists of primary, secondary, and tertiary legal sources. Primary legal sources will consist of laws and regulations that were and are currently applicable. Secondary legal sources are writings and journal articles that discuss death sentencing in Indonesia, besides Law No.1 of 2023. Tertiary legal sources are other sources outside the above scope that may be useful to provide more understanding of the subject matters, such as web-based sources. Analysis was conducted using a qualitative approach to describe and explain the conceptual norm and its application to death sentencing. Findings and discussion proved that irrespective of the debate over the morality of death sentencing, Indonesia still recognized the use of death sentencing in some instances, such as premeditated murder, corruption, terrorism, narcotics, and illegal drug trafficking. They came from court decisions that followed prior laws and legislations before promulgating the new Criminal Code 2023.

Enhancing Preservation: Addressing Humidity Challenges in Indonesian Heritage Buildings Through Advanced Detection Methods Point Cloud Data

Heritage buildings are valuable assets that represent national cultural identity. Proper building maintenance is a major issue for preservation, as building monitoring aspects and preventive measures are often only taken after physical damage happens. In the context of Indonesian heritage buildings, high levels of humidity which may cause condensation and soil dampness are often overlooked. Early detection methods are urgently required to effectively detect potential risks of condensation. This study aims to investigate condensation risk for heritage building surfaces by calculating thermal properties (i.e., emissivity, albedo) and Blinn-Phong BRDF values through the integration of thermal imaging and 3D scanning techniques. This approach supports architects and conservators in making informed decisions to protect and maintain cultural heritage structures. The study also highlights gaps in current Indonesian regulations regarding moisture presence and condensation risk detection in heritage buildings.

Foreign Arbitration As The Only Recourse In Resolving Trademark Disputes In A Civil Manner, Criticism of Act Number 20 Year 2016 About Brands and Geographical Indications

Introduction: Act Number 20 year 2016 on trademark and geographic indication opens up opportunities to resolve trademark disputes not only through the Commercial Court, but also to resolve disputes through the District Court.Purposes of the Research: The purpose of the study was to find a form of fair trademark dispute resolution. Conventionally, dispute resolution is usually done by litigation or dispute resolution before the court.Methods of the Research: Normative research is used to answer the formulation of problems regarding foreign arbitration as the only way to resolve trademark rights disputes in a civil manner. The method of approach is the approach of legislation that is to examine and analyze the regulation.Results of the Research: Indonesia also has repeatedly updated the regulation on trademark, but on the other hand, the level of trademark infringement is increasing, even the Commercial Court which should be a place for people to seek justice often gives decisions that do not reflect justice. Is it not better to start looking for other alternatives to resolve trademark disputes that can provide a sense of justice to the community. The court, which is only a mouthpiece of the acts, without regard to the conventions in the field of trademark that have actually been ratified by Indonesia, making the enforcement of trademark regulations in Indonesia, has not been able to provide a sense of justice to holders of rights to trademarks, especially holders of rights to well-known trademars. So that the settlement of famous brand disputes through foreign arbitration is expected to provide a sense of justice for the rights holders of the wellknown trademark.

How effective is legal protection in Indonesia in handling investment fraud cases compared to other countries?

Legal protection for investors is crucial in preventing the negative impact of rampant investment fraud, especially in the digital era that facilitates access to information. The ever-growing phenomenon of investment fraud shows the importance of evaluating the effectiveness of existing legal frameworks. This study aims to analyze the effectiveness of legal protection in Indonesia in dealing with investment fraud cases, with a normative juridical approach that examines relevant regulations in Indonesia and compares them with other countries such as the United States and India. This method is used to understand the weaknesses and challenges in the implementation of existing laws. The results of the study show that although Indonesia has a comprehensive legal framework, such as Law Number 8 of 1995 on the Capital Market and the Electronic Information and Transaction Law (UU ITE), challenges in law enforcement and public education are still significant obstacles. Unlike the US and India, which implement strict sanctions and have strict supervision, legal protection in Indonesia still needs reforms to increase the deterrent effect for actors and strengthen public trust in the investment system.

Burp tax: Regulation and revenue potential in Indonesia

The increasingly urgent phenomenon of climate change requires concrete actions from various sectors, including the livestock sector which is a significant contributor to greenhouse gas emissions, particularly methane. This study explores the potential of implementing Burp Tax in Indonesia as a regulatory mechanism to reduce methane emissions from beef and dairy cattle farms. By referring to New Zealand's experience as a Burp Tax pioneer, this study analyzes the policy scheme that includes tax subjects, tax objects, tariffs, and fair and efficient collection mechanisms. In addition, this study identifies various obstacles that may be faced in the implementation of Burp Tax in Indonesia and provides recommendations to support the national commitment in achieving the Zero Emission target in 2045/2060. The research used qualitative methods with literature study data collection techniques. The research concludes that there is great potential for the imposition of Burp Tax, so that in addition to being a form of effort to reduce methane emissions from beef and dairy cattle farms, Burp Tax can also increase the portion of state revenue from the taxation sector. The specific tariff scheme is IDR30/KgCH4 with tax subjects in the beef and dairy cattle farming sector, including individuals with 30 cows and business entities. However, it is important to note that the imposition of Burp Tax may have an economic impact on livestock business actors and affect the price of meat and milk commodities. Therefore, further studies are needed regarding the potential and impact of Burp Tax implications in Indonesia. The results of this study are expected to make a significant contribution to the development of sustainable taxation policies that are responsive to the challenges of climate change.

Child Grooming (Technology-Based Sexual Harassment) in the Context of Indonesian Law

Child grooming is a form of sexual harassment that continues to develop because sexual harassment is often carried out directly by the perpetrator, and is often carried out through social media. The perpetrator manipulates Child Grooming by being kind and attentive so that the child believes that the person he has just met is a good person. In Indonesia, Child Grooming is a new type of crime, and is based on existing regulations. The method used in this study is normative legal research. The approach in the research utilizes a legislative approach. The legal materials used in this study are primary legal materials, secondary legal materials, and tertiary legal materials. In the normative law research that is being carried out, the data collection method is by conducting a bibliographic study. The act of Child Grooming is a form of sexual crime that uses minors as targets. Although the Child Protection Law has regulated the protection of children, the existing articles are still limited in regulating obscene acts in general. And in the regulations in Indonesia there are 10 rules or articles that can be imposed on Child Grooming perpetrators.

Analysis of sildenafil citrate in male stamina herbal medicines from the Magelang region, Central Java using thin-layer chromatography and UV spectrophotometry

Background: Male stamina herbal medicines are widely consumed in Indonesia, often believed to enhance sexual performance. However, the illegal addition of medicinal chemicals (BKOs) such as sildenafil citrate in traditional herbal products poses health risks. Objective: To identify and quantify sildenafil citrate in selected herbal medicine samples using thin-layer chromatography (TLC) and UV spectrophotometry. Method: Three samples of male stamina herbal medicine were purchased and subjected to organoleptic tests. Ethanol (96%) was used for extraction, followed by TLC analysis using two mobile phases (methanol: chloroform at 4:1 and 1:1 ratios). UV spectrophotometry was employed to determine the maximum absorbance wavelength and quantify sildenafil citrate. Results: TLC analysis revealed that two samples (K and L) contained sildenafil citrate, with Rf values consistent with the standard. UV spectrophotometry confirmed the presence of sildenafil citrate at a maximum wavelength of 292.5 nm. Sample K contained 0.96%, while sample L had 13.766% sildenafil citrate. Conclusion: The presence of sildenafil citrate in two samples violates Indonesian regulations prohibiting medicinal chemicals in herbal products, raising significant safety concerns.

Comparison of Polygamy Regulations in Morocco and Indonesia

The purpose of this study is to identify a comparison of the polygamy regulations in Morocco and Indonesia with regard to the fulfillment of requirements in the application, sanctions imposed and justice for a wife. and justice for the wife. This research uses comparative legal method based on a previous review of family law in Indonesia and Morocco. applicable in Indonesia and Morocco. By comparing the two countries with the majority of people are Muslim, the applicable laws have similarities and differences even though they use different legal systems. differences despite using different legal systems. Both Morocco and Indonesia allow husbands to practice polygamy with the permission of the court. court, justice is the main prerequisite for polygamy by prioritizing the fulfillment of physical, mental and spiritual needs. prioritizing physical, mental and financial fulfillment. Both countries both countries allow for the annulment of polygamy requests through a prior marriage agreement. previous marriage agreement. The differences are in the requirements that must be submitted through the court and the sanctions imposed on data falsification. Besides In addition, in Indonesia there are special rules governing the permissibility of polygamy by civil servants, while in Morocco it applies generally. civil servants while in Morocco it applies in general.

The Urgency of Green Banking Regulations in Indonesia in the Implementation of Sustainable Development

This research highlights significant gaps in Indonesia's green banking regulations, particularly the lack of stringent sanctions and clear enforcement frameworks for sustainable finance principles. While the Financial Services Authority Regulation No. 51/POJK.03/2017 addresses environmental sustainability, it fails to impose effective penalties on banks that contribute to environmental degradation. As a result, green banking in Indonesia remains largely a voluntary initiative due to insufficient regulatory measures. This research employs a normative legal research design, utilizing both conceptual and statutory approaches. It advocates for the implementation of stricter penalties and enhanced oversight to ensure compliance with sustainability standards among financial institutions, thereby facilitating the transition to a green economy. Furthermore, the Sustainable Development Goals (SDGs) underscore the importance of indicators related to economic, social, and environmental sustainability, which green banking can help achieve. The proposed revised regulatory framework should include stringent sanctions for violations by both banks and customers, ensuring that financial institutions actively contribute to environmental protection.

The Analysis of World Trade Organization Panel Decision of Indonesia Measures Relating to Raw Materials

European Union has requested a panel regarding Indonesia's restriction of exports and downstreaming of raw materials. According to the European Union, Indonesia's export and downstream policies violate World Trade Organization (WTO) provisions, namely Article XI:1 of the General Agreement on Tariffs and Trade (GATT) 1994. In the panel report, the World Trade Organization Dispute Settlement Body (WTO DSB) decided that Indonesia had been proven to have violated these WTO provisions. This thesis examines whether the WTO's ruling on Indonesia's restrictions on raw materials is justified and explores Indonesia's arguments in Appellate Body with the European Union regarding restrictions on nickel ore exports and downstreaming. The research methodology involves normative legal research, analyzing primary legal sources like legislation and secondary sources such as textbooks and case studies. The study delves into Indonesia's challenges in defending its policies at the WTO's Appellate Body. The primary research object is Indonesia's Measures relating to Raw Materials, particularly nickel ore, and relevant agreements like GATT 1994. Legal materials include Indonesian regulations on exports and GATT 1994, while secondary sources encompass statutory regulations, scientific journals, and related literature. The data collection method relies on library research. Using a qualitative approach, the thesis seeks a deep understanding of the core issues. Analytical methods include statutory interpretation, case studies, and grounded theory. The research finds Indonesia's measures non-compliant with GATT 1994 but suggests leveraging Article XXI, the Security Exception, as a strategic defense in the Appellate Body.

Critique of Legislation in the Health Sector: A Review of Medical Waste Regulation in Indonesia

Medical waste management in Indonesia has become a critical issue in the health sector, especially with the increasing volume of medical waste during the COVID-19 pandemic. Although there are regulations governing medical waste management, such as Law no. 32 of 2009 concerning Environmental Protection and Management and Minister of Health Regulation no. 18 of 2020, its implementation still faces various obstacles. This research aims to criticize legal regulations related to medical waste in Indonesia, by highlighting regulatory weaknesses, implementation challenges in the field, and their impact on public health and the environment. The research methods used are normative juridical studies and case studies in several health facilities in Indonesia. The research results show that there is a gap between regulations and practice in the field, which is caused by limited infrastructure, weak supervision, and high operational costs. This research recommends that the government tighten supervision, provide incentives for health facilities, and develop more detailed technical guidelines regarding medical waste management.

Design System of Solar-Powered Safety Lamp Integrated Proximity Sensor as a Solution for Accident Prevention at Blind Spot Areas

The curved contour of the road creates blind spots which increase the risk of traffic accidents. Throughout 2019, there were 107,500 accident cases recorded in Indonesia. Therefore, efforts are needed to provide road infrastructure that supports driving safety, such as traffic signs to reduce the risk of accidents in blind spot areas. This research aims to design a smart safety light warning system that is integrated with solar-based street lighting. The design uses a design-based research approach referring to several established standards including Indonesia National Standard (SNI) 7931: 2008, SNI IEC 60529:2014, Regulation of the Minister of Transportation of the Republic of Indonesia Number PM 13 of 2014, Manual on Uniform Traffic Control Devices (MUTCD) issued by the Federal Highway Administration (FHWA) of the United States Department of Transportation (USDOT), and Article 115 of Minister of Transportation Republic of Indonesia Regulation PM 27 of 2018. This study used Design-Based Research (DBR) as a research methodology. The result of this study is a prototype design and development of smart safety light warning system which can be optimized. Validation of the design and circuit is conducted using prototyping modeling 1:20 from the original dimensions to measure the function and performance of the circuit. The prototype is capable of turning on warning lights and siren notifications when detecting objects with a maximum distance of 350 cm as measured by the HC – SR04 sensor. Charging the stored solar panels via the accumulator allows the technology to continue working for 45 hours without charging. For power efficiency purposes, the technology is equipped with an LDR (Light Dependent Resistor) sensor with a minimum limit of 341-lux which regulates the lighting. The development of these safety lights will increase driver awareness when passing through blind spot areas and have positive implications for reducing the number of accidents in Indonesia.

Microplastic levels in the indoor air of buildings based on plastic waste recycling in Indonesia

Introduction: Microplastics are a new type of contamination in the environment caused by plastic fragmentation and degradation. The generation of plastic waste increases every year, therefore efforts are made to recycle it into building materials. It is unclear how building use resulting from recycling plastic waste affects the development of microplastics in the atmosphere. The purpose of this study is to determine the airborne concentrations of microplastics in buildings constructed from recycled plastic waste. Materials and methods: The study measured microplastic levels in the air for 30 days in a miniature building made from plastic waste. Samples taken during the dry season in Indonesia in 2023. Air sampling is carried out by passive method. Visual observation of the shape, and amount of microplastics using a microscope. Results: Microplastics are found in the air of building spaces made from recycled plastic waste with varying levels every day. The average level of microplasty in the air for 30 days was 30,8 particles/m2/day. Maximum microplastic rate of 63 particles/m2/day, and minimum rate of 18 particles/m2/ day. The average air temperature when sampling is 25,48 ºC, air humidity is 68,37 % and ultraviolet intensity is 860 mwatt/cm2. Conclusions: Microplastic levels in the air of building spaces made from recycled plastic waste that can not be identified can be identified whether they are still within safe limits or not. This is because there is no regulation in Indonesia even in the world that regulates the safe limit of microplastic levels in the environment.

APPLICATION OF K-MEANS++ WITH DUNN INDEX VALIDATION OF GROUPING WEST KALIMANTAN REGION BASED ON CRIME VULNERABILITY

Crime is an unlawful behavior that will be given a punishment or sanctions based on Kitab Undang-Undang Hukum Pidana (KUHP) or other regulations in Indonesia. One of the provinces in Indonesia, namely West Kalimantan reported that criminal cases are increasing in 2021 and 2022. One of the solutions to minimize that case is grouping the district and city in West Kalimantan based on the level of vulnerability so the authority can be more responsive in solving these problems. The grouping can be done by cluster analysis. This analysis aims to group some objects based on the similarity of characteristics. K-Means++ is one of the methods of cluster analysis. K-Means++ is the development of K-Means, in which K-Means++ is smarter than K-Means in selecting the initial centroid because only one initial centroid is chosen randomly, and the initial centroids of the other clusters are done through calculations. This research uses secondary data from BPS of West Kalimantan, consisting of 10 variables. This research aims to form clusters to determine the level of vulnerability of each district and city in West Kalimantan. The selection of the optimal cluster is done by evaluating the cluster. One of these evaluations is the Dunn Index. Based on the analysis results, the optimum number of clusters is with a Dunn Index value of 0.55. The first cluster is categorized as non-vulnerable with ten members, the second cluster as vulnerable with three members, and the third cluster as very vulnerable with one member.

Legal Framework and Issues in Hazardous Waste Management

Background: Environmental protection is crucial for preventing pollution and maintaining balance. Specific background: Hazardous waste (B3) significantly contributes to pollution, especially when mismanaged. Knowledge gap: Despite existing laws like Law No. 32/2009 on Environmental Protection, enforcement remains a challenge. Aims: This study analyzes B3 waste management under Indonesian regulations and assesses local programs and infrastructure developments. Results: While regulations and programs are in place, such as B3 handling policies and a new waste processing plant, poor compliance hampers effectiveness. Novelty: The study highlights evolving local strategies for improving B3 management. Implications: Stronger enforcement and integrated solutions are key to reducing environmental risks and achieving sustainability. Highlights : Local strategies are evolving to improve B3 waste management. Compliance with environmental regulations remains a significant issue. Technological solutions like waste incineration offer promising improvements. Keywords: Environmental protection, hazardous waste, B3 management, regulatory enforcement, sustainability

Indonesia's Directive Legislation: Balancing with Pancasila Law-Idea

The implementation of the Omnibus Law in the formation of laws and regulations in Indonesia commenced with the introduction of directive legislation in a range of sectors. Conversely, the Omnibus Law has given rise to a number of issues, particularly in relation to the Pancasila law-idea. This is because the Omnibus Law is perceived to be at odds with the Pancasila law-idea, with critics arguing that it fails to reflect the spirit of Pancasila in terms of both practice and legislative methodology. This paper aims to examine, evaluate and identify potential avenues for the development of national regulations in alignment with the principles of the Omnibus Law, taking into account the role of Pancasila as an ideological and legal foundation. This paper demonstrates that the Pancasila idea-law can serve to balance and harmonise the various understandings held by countries around the world, particularly in relation to the application of the Pancasila law-idea as a foundation in the practice of Omnibus Law and the formation of national regulations.

Dampak Penerapan Perubahan Tarif PPN Menurut UU HPP No. 7 Tahun 2021 pada PT. POV

Tax regulations in Indonesia have undergone many changes by harmonizing tax regulations with the hope of increasing stable and balanced economic growth and recovery after covid-19 by increasing the VAT rate to 11% as regulated in the HP law number 7 of 2021.The purpose of this study is to determine the possible impact on PT POV related to the change in Value Added Tax rate. The qualitative method is the method that has been applied to conduct this research, which uses a descriptive approach by explaining a phenomenon that occurs and describing events in the field. Data collection techniques are obtained through interviews and documentation. The results of this study indicate that changes in the amount of VAT rates cause adjustments to the system by KJA in managing VAT at PT POV, namely related to e-invoicing and Microsoft Excel applications. Changes in VAT rates also affect sales made by PT POV which have decreased significantly from the March 2022 tax period before the tax rate has changed to 11%. Researchers provide advice to future researchers to conduct research with a wider object related to the impact of changes in VAT rates.

DATA PRIVACY AND CONSTITUTIONAL RIGHTS IN INDONESIA

This article explores the connection between data privacy and constitutional rights in Indonesia, particularly within the framework of a democratic rule of law. The 1945 Constitution of Indonesia guarantees citizens' fundamental rights, including security and privacy. However, the rapid advancement of information technology has introduced new challenges for personal data protection. Currently, Indonesia's regulations, such as the Electronic Information and Transaction Law (ITE Law), lack comprehensive measures to safeguard data privacy rights, as they are sectoral and fragmented. This article highlights the necessity of enacting the Personal Data Protection Bill (RUU PDP) as a crucial step in strengthening the legal framework for data privacy protection in Indonesia. Additionally, it compares international regulations like the General Data Protection Regulation (GDPR) in the European Union, as well as data protection laws in neighboring countries like Singapore and Malaysia. The article underscores that prioritizing the protection of personal data privacy rights is essential for safeguarding constitutional rights and individual dignity, as well as for fostering a secure and trustworthy digital ecosystem in Indonesia.

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>