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INDONESIA
Journal of Indonesian Legal Studies
Published by Universitas Negeri Semarang
ISSN : 25481584     EISSN : 25481592     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
LEGAL scholars have been discussing two important roles of law: social control and social engineering. As a social control, law is designed and introduced to control the behaviours of society members in accordance with particular values and norms agreed upon by the community. In this context, the law has a power to sanction and punish the unlawful members of society. As a social engineering, law is intended to create an ideal society in accordance with, again, particular values and norms agreed upon by the community. Hence, law is not for law. Law is created to serve human beings. Law is introduced for the well-being of the society members. As the law is for human, and human’s situations and problems are changing, then law also needs to change and adapt to the context of the times. Here, the concept of legal reform is a key. Every society, including the Indonesian society, sometimes needs to reform the law to make it more relevant and suitable for the needs of the society.
Arjuna Subject : -
Articles 7 Documents
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Search results for , issue "Vol 7 No 2 (2022): The Interpretation of Justice and Fairness: Theories and Practices in Indonesia a" : 7 Documents clear
Post Amendment of Judicial Review in Indonesia: Has Judicial Power Distributed Fairly?
Journal of Indonesian Legal Studies Vol 7 No 2 (2022): The Interpretation of Justice and Fairness: Theories and Practices in Indonesia a
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v7i2.56335

Abstract

Distribution of power in Indonesian constitutional system not only occur amongst state organs but also within Indonesian judicial system. The Supreme Court and Constitutional Court share their power to review several regulations. The 1945 Constitution delivers power to review act against constitution for Constitutional Court and to review regulations below an act for the Supreme Court. However, this distribution of power is vulnerable to contradicting each other, with the possibility of having clash of judgment. There is no guarantee that the Supreme Court will fully obey the Constitutional Court judgment. So, the research question needs to be solved such as judicial Review pre-the Amendment of the 1945 Constitution process, and judicial Review Post the Amendment of the Constitution implement, that will be main points of research purposes. Furthermore, the main problem is the distribution power between Constitutional Court and Supreme Court, whether have distributed fairly or not. Another problem after amendment is about disagreement amongst judges. Before amendment, judges were forbidden to show their disagreement clearly in the verdict, but now allowed. This fact has led to public distrust. They have questioned the legitimacy of the verdict having disagreement, whether should be obeyed or be denied.
The Politics Settlement of Land Tenure Conflicts During Jokowi’s Presidency
Journal of Indonesian Legal Studies Vol 7 No 2 (2022): The Interpretation of Justice and Fairness: Theories and Practices in Indonesia a
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v7i2.57539

Abstract

This study was prompted by the high rate of land tenure conflicts in forest areas. In the 2015-2020, a total of 10,000 conflicts were experienced in Indonesia, and a legal approach was used to conduct this normative study. Furthermore, the data collection was through literature and the legal norm method was used for analysis. The results showed that the government reduced the treatment of the conflict by establishing the Directorate of Customary Forest Tenure Conflict Management institutions and legal products of Presidential and Ministerial Regulations. However, the forest land tenure conflict was not resolved during the Joko Widodo administration and was increased by 50 percent from the previous administration of President Susilo Bambang Yudhoyono. Meanwhile, this conflict can be resolved through the role affirmation of State Administrative Law in determining forest areas with legal certainty and justice. The assertion was conducted by enforcing this law against licensing violations and building integrated conflict resolution in creating legal certainty and equity.
The Intricate Justice of Poverty: A Case of The Land of Gold in Papua Indonesia
Journal of Indonesian Legal Studies Vol 7 No 2 (2022): The Interpretation of Justice and Fairness: Theories and Practices in Indonesia a
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v7i2.58030

Abstract

Natural wealth does not guarantee the welfare of its inhabitants. This case occurred in Papua, the easternmost region of Indonesia, which won the title of the poorest province from 2017 to 2021. Freeport McMoRan, an American mining corporation operating since 1967, failed to present a positive impact on the welfare of the Papuan people despite having dredged a lot of money from Grasberg, one of the largest reserves of gold and copper in the world. This paper reviews the portrait of abject poverty in Papua and analyzes its problems with the rights and justice approach. In conclusion, this paper finds that poverty for the Papuan people is very complicated because it is related to the historical roots of colonialism, capitalism, and armed conflicts. The special autonomy granted by the Indonesian government for twenty years has not been able to provide for people's welfare due to violent conflicts, human rights violations, natural destruction, and corruption. The Indonesian government is obliged to realize justice in the economic, political, and cultural dimensions for the welfare of the Papuan people.
The Regulation of Disorgement in the Indonesia Capital Market: Remaining Concerns and Lessons from US
Journal of Indonesian Legal Studies Vol 7 No 2 (2022): The Interpretation of Justice and Fairness: Theories and Practices in Indonesia a
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v7i2.58666

Abstract

This study aimed to analyse the authority that recently empowered the Indonesia Financial Services Authority (OJK) based on OJK Regulation Number 65/POJK.04/2020 in conjunction with OJK Circular 17/SEOJK.04/2021. OJK was empowered to pursue disgorgement in the Indonesian capital market as a new tool for protecting investors by analyzing changes in disgorgement enforcement practices in the US. This study used a doctrinal legal method with a comparative approach. The comparative approach was used to examine the possibility of strengthening disgorgement enforcement applicable to current Indonesian law on such practices in the US. Disgorgement in Indonesia is similar to the previous one in the US. The disgorgement authority in the Capital Market Act was not explicit because OJK still interpreted “written orders” such as “grant relief ancillary to an injunction” when disgorgement was first introduced by the SEC. This poses challenges in calculating the number of disgorgements that may be limited or canceled due to a lack of strong legal remedies when the violator does not pay the disgorgement. Considering practical experience in the US from Texas Gulfur Sulfur to Kokesh and Liu, disgorgement in Indonesia needs strengthening to maintain enforcement sustainability and avoid setbacks. Therefore, the strengthening should involve placing the disgorgement authority in the Capital Market Act, providing Standard Guidelines for the Calculation of Disgorgement Amounts and and establishing regulations on Procedures for Civil Lawsuits by OJK. The results are expected to be a reference for regulators and legislators to improve enforcement of the disgorgement regime in Indonesia.
Reconstruction of E-Court Legal Culture in Civil Law Enforcement
Journal of Indonesian Legal Studies Vol 7 No 2 (2022): The Interpretation of Justice and Fairness: Theories and Practices in Indonesia a
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v7i2.59993

Abstract

Legal protection for the community to obtain rights and recovery of the situation is one of them taken by settling civil cases through the courts. During the times and the adjustment of existing conditions, the Supreme Court issued a responsive and progressive law with the enactment of Supreme Court Regulation Number 1 of 2019 so that the public could obtain essential justice based on the principles of fast, simple, and low-cost justice. The aims of this study are: (i) knowing the legal culture in the implementation of e-court as a reflection of the problems of law enforcement; and (ii) reconstruction of legal culture regarding case administration and court proceedings electronically. The author uses empirical juridical research methods. The results of the study show: (i) e-court based court legal culture is not yet optimal. Village communities seeking justice (non-advocates) at the Religious Courts and District Courts of Semarang Regency tend to prefer conventional registration and trial over e-courts; and (ii) the reconstruction of the legal culture community is carried out using e-court socialization education to all advocates, providing educational media to non-advocates, and providing information about administration and trials electronically through notification letters to the district head .Through this, it will create a legal culture that supports the implementation of e-court so that fair law enforcement can be achieved.
Discourses on Citizen Lawsuit as Administrative Dispute Object: Government Administration Law vs. Administrative Court Law
Journal of Indonesian Legal Studies Vol 7 No 2 (2022): The Interpretation of Justice and Fairness: Theories and Practices in Indonesia a
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v7i2.60166

Abstract

Citizen lawsuit mechanism has been used several times in Indonesian court procedure, although there is no regulation in this matter. The aims of this study were to determine the characteristic of citizen lawsuit in Indonesia, and the expansion meaning of the state administrative decision after the enactment of government administration law, as well as the potential for citizen lawsuit as dispute object of the state administrative court with comparation with serval countries in order to provide an appropriate legal system of citizen lawsuit as ius constituendum. This article used normative legal research with a conceptual approach, legislative approach, and comparative approach. The results indicated that the characteristic of a citizen lawsuit in Indonesia is generally a citizen access to represent the public interest in condition that the state fails to fulfill the rights of its citizen, and the plaintiff does not need to describe the losses he has suffered directly. The expansion of the meaning of state administrative decision under the Government Administrative Law has resulted in the competence of court and the dispute object has been expanded, thus if the citizen lawsuit is viewed from the administrative dispute perspective, it should be included in the State Administrative Court object. However, due to the limited expansion of Article 87 of the Government Administration Law by the Administrative Court Law, both of which are still valid, the State Administrative Court is not authorized to examine and adjudicate citizen lawsuits. Based on comparative data, there are several weaknesses of the citizen lawsuit system such as the legal standing of the applicant/plaintiff which make several countries have changed the provisions of the regulation.
A Comparison of Appointment of Supreme Court Justices in Indonesia and Malaysia
Journal of Indonesian Legal Studies Vol 7 No 2 (2022): The Interpretation of Justice and Fairness: Theories and Practices in Indonesia a
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v7i2.60862

Abstract

The purpose of the study is to evaluate the model of the appointment of Supreme Court justices in Indonesia and Malaysia and to find out a better model of judicial appointment in producing better quality justices. By using normative and empirical research, it concludes that first, the appointment of Supreme Court justices in Indonesia uses two methods namely career paths and professional paths (non-career paths). This system is built after political reform where one of the agendas is the reform of law enforcement. While the appointment of justices in Malaysia demonstrates the dominance of executive power in the decision to appoint justices who were finally appointed by the Yang Dipertuan Agong. Therefore, there is pressure to make the process of appointing justices more transparent to produce more credible and independent justices. In 2009, the Judicial Appointments Commission was established in Malaysia to ensure an unbiased selection of judicial candidates for the consideration of the Prime Minister. Second, the requirements for selecting Supreme Court justices in Indonesia are more detailed and longer process than in Malaysia because the process of selecting Supreme Court justices is done by the Judicial Commission and there is a confirmation hearings process in the House of Representatives. In fact, the selection process affects the independence, impartiality, and integrity of the Supreme Court justices. Although Malaysia does not have any judicially determining cases on the lack of integrity of Supreme Court Justices, there were allegations of impropriety.

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