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Constitutional Complaint di Mahkamah Konstitusi Republik Indonesia Agsel Awanisa; Yusdianto Yusdianto; Siti Khoiriah
Pancasila and Law Review Vol 2 No 1 (2021)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (432.217 KB) | DOI: 10.25041/plr.v2i1.2308

Abstract

The purpose of this research is to determine the constitutional complaint mechanism based on comparisons in other countries, practices, and adaptation of constitutional complaints under the authority of the Constitutional Court of the Republic of Indonesia. Many cases with constitutional complaint substance have been submitted to the Constitutional Court of the Republic of Indonesia even though they don’t have this authority. This research uses a normative legal research method using a statutory approach, a conceptual approach, a comparative approach, and a case approach. This research indicates that the constitutional complaint mechanism in Germany, South Korea, and South Africa has been well implemented. In practice, cases with constitutional complaint substance are filed to the Constitutional Court of the Republic of Indonesia by changing the form by using the legal means of a judicial review, such as case number 16/PUU-VI/ 2008, case number 140/PUU-XIII/2015 and case number 102/PUU-VII/2009. Due to the consideration of the structure, substance, and culture of law, adaptation of constitutional complaint within the authority of the Constitutional Court of the Republic of Indonesia needs to be carried out by amending Law Number 24 of 2003 jo. Law Number 7 of 2020 concerning the Constitutional Court.
Urgensi Pengesahan RUU Penghapusan Kekerasan Seksual Sebagai Realitas Tingginya Angka Kekerasan Seksual Di Indonesia: Urgensi Pengesahan RUU Penghapusan Kekerasan Seksual Sebagai Realitas Tingginya Angka Kekerasan Seksual Di Indonesia Setiawan Adiputra; Agsel Awanisa; Yemima Hotmaria Purba
Ius Poenale Vol. 3 No. 1 (2022)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v3i1.2521

Abstract

The challenging aspect of a large number of sexual violence in Indonesia currently makes the draft law on the Elimination of Sexual Violence included in the National Legislation Program Priority 2021. For this reason, the government is expected to ratify the draft law on the Elimination of Sexual Violence to regulate sexual violence comprehensively. The goal of this study is to determine the evolution of data on sexual violence in Indonesia and to assess the urgency of ratifying the draft law on sexual violence elimination in light of the reality of the high number of sexual violence in Indonesia. This study employs a normative legal research method with statutory, conceptual, and case approaches. According to the findings of this study, sexual violence crimes continue to rise in a variety of forms, including not only physical contact but also non-physical contact. Several factors contribute to the high rate of sexual violence, including the structural readiness of institutions and human resources to deal with sexual violence crimes remains very low. Substantially, existing regulations have not comprehensively accommodated various forms of sexual violence, so there is no legality to serve as a foundation for preventing, dealing with, and recovering victims of sexual violence. Thus, the Act on the Crime of Sexual Violence (UU TPKS) is currently an urgent matter as a social control to reduce and overcome the occurrence of sexual violence.
THE URGENCY OF INDEPENDENT SUPERVISORY AUTHORITY TOWARDS INDONESIA’S PERSONAL DATA PROTECTION Yulia Neta; Agsel Awanisa; Melisa Melisa
Constitutionale Vol. 3 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v3i1.2535

Abstract

In the Working Committee Meeting of the Draft Law on Personal Data Protection, there was a proposal to establish an Independent Supervisory Authority in the protection of personal data. With the existence of an independent supervisory authority, it is hoped that it will create impartial and optimal independence in its supervision and enforcement. The purpose of this study is to analyze the urgency of the Independent Supervisory Authority in the protection of personal data and the ideal concept of the Independent Supervisory Authority in the protection of personal data in Indonesia based on comparisons in other countries. This study uses a normative legal research method using a statutory approach, a conceptual approach, and a comparative approach. The results of this study indicate that the existence of an Independent Supervisory Authority in Indonesia in enforcing the protection of personal data is very important given the considerations of independence, adequacy, checks and balances, and socialization. Regarding the concept of establishing an Independent Supervisory Authority, there are two choices that can be made in Indonesia, namely by establishing it specifically as a separate institution, such as Hong Kong and South Korea, or embedding and adding to the authority of existing institutions such as in Singapore and the United States. With consideration of efficiency and effectiveness, in Indonesia this can be done by attaching an Independent Supervisory Authority with other related institutions such as the Information Commission with the obligation to change the existing institutional structure as an adjustment.