Journal of Law and Policy Transformation
The published paper is the result of research, reflection, and criticism with respect to the themes of legal and policy issues contains full-length theoretical and empirical articles from national and international authorities which analises legal and policy development, reformation and transformation.
Articles
239 Documents
<![CDATA[ADMINISTRATIVE SANCTIONS AGAINST ABUSE OF AUTHORITY IN THE ENVIRONMENTAL LICENSING SECTOR BASED ON POSITIVE LAW IN INDONESIA ]]>
<![CDATA[Zahra Malinda Putri]]>;
<![CDATA[Dewi Kania Sugiharti]]>;
<![CDATA[Zainal Muttaqin]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 7 No 2 (2022) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jlpt.v7i2.6869
<![CDATA[Administrative sanction is a legal instrument used within the scope of state administrative law. Provisions regarding administrative sanctions are contained within the scope of state administrative law, one of which is contained in the rules regarding licensing. Permit is the most widely used juridical instrument in the scope of administrative law. In carrying out an activity carried out by the community, it must be related to the environment because the environment is an absolute part of human life. In practice, there are several phenomena of granting Environmental Permits that are contrary to laws and regulations which are indications of abuse of authority, but the application of administrative sanctions is not implemented properly. This research uses normative research method with analytical descriptive method. The results of the study conclude that the administration of administrative sanctions regulated in the government administration law against government agencies or officials in committing acts of abuse of authority has not been implemented because administrative sanctions are applied using civil servant disciplinary penalties.]]>
<![CDATA[THE ARTEMIS ACCORDS AND PROPERTY RIGHTS IN OUTER SPACE ]]>
<![CDATA[Regi Rivaldi]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 7 No 2 (2022) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jlpt.v7i2.7236
<![CDATA[On 13 October 2020, The National Aeronautics and Space Administration (NASA) and the representatives of eight other space-faring nations signed The Artemis Accords. The Accords is a set of 13 provisions to establish international collaboration on sustainable human exploration in outer space. The most controversial provision in the Accords is the provision in Section 10 that relates to exploiting space resources which is not inherent with Article II of The Outer Space Treaty and Article 11 of The Moon Agreement that will cause the implementation of the Artemis Accords may violate international law. The different interpretations in interpreting the provisions in Article II of The Outer Space Treaty raises questions related to property rights in outer space, especially on issues that are related to the extraction of natural resources. Is it part of the subject of the non-appropriation principle or not.]]>
<![CDATA[INDONESIA'S DEMOCRACY AND CONSTITUTION: REFLECTING HUMAN RIGHTS BASED ON PANCASILA ]]>
<![CDATA[Ria Wierma Putri]]>;
<![CDATA[Febryani Sabatira]]>;
<![CDATA[Orima Melati Davey]]>;
<![CDATA[Muhammad Febriyan Saputra]]>;
<![CDATA[Rudi Natamiharja]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 7 No 2 (2022) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jlpt.v7i2.7235
<![CDATA[Pancasila democracy is a democracy system applied in Indonesia to run the government based on the 1945 Constitution. The 1945 Constitution is positioned as the state constitution and is a concrete crystallization of Pancasila’s values. The constitution, which is the highest source of law in Indonesia, is very important in the Pancasila democratic system. The relationship between the Democracy, Human Rights, and Pancasila is very concord. Pancasila is the ideology of the Indonesian state, the basis of the state, and the foundation of the state philosophy. The relationship is contained in the values of Pancasila. These values highly uphold human rights which is seen from the second value of Pancasila, “fair and civilized humanity”. The relationship between democracy with human rights and Pancasila is that democracy is a system used in Indonesia to realize Pancasila’s values while still based on human rights in its implementation. Then, Pancasila must always remain the basis of the state’s philosophy because Pancasila is the result of the nation founders’ consensus agreement. Pancasila values are not owned by other countries in the world and has become the Indonesian nation’s identity. Pancasila is supreme because it is the core foundation in uniting the diverse Indonesian nation. In addition, ideals of law do not only function as a regulatory benchmark to test whether a positive law is fair, but it also serves as a constitutive ground. Therefore, laws will lose it definition without the existence of ideals of law.]]>
<![CDATA[COMPARATIVE STUDY ON THE CORPORATE GOVERNANCE BETWEEN THE SOUTH KOREAN AND INDONESIAN LAW ]]>
<![CDATA[Fery Fery]]>;
<![CDATA[Jihyun Park]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 7 No 2 (2022) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jlpt.v7i2.7237
<![CDATA[There are crucial differences about the corporate governance practices based on the regulation in Indonesia and South Korea. Director and Auditor are explained in the Korean Company Law, but it is absent in the Indonesian Company Law. Hence, this research aims to discuss the comparison between representatives of directors of a company and auditors between South Korean and Indonesian companies. It adopted normative legal approach that utilized a qualitative method in analyzing data and using secondary data. All secondary data was collected from library research. It also adopted a juridical qualitative approach to analyze the secondary data. It found that the exact position of auditors in Indonesia is very different from those in South Korea. South Korean law is foreign to the term “commissioners”, it has an auditor instead. Indonesia has both director and commissioner as the boards in a company. Auditor in Indonesia is an external party that must be hired by the company.]]>
<![CDATA[REVIEW OF INDONESIAN CONSTITUTIONAL COURT DECISION NUMBER 135/PHP.BUP-XIX/2021 ]]>
<![CDATA[Putri Aprilia Anggraini]]>;
<![CDATA[Anna Erliyana]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 7 No 2 (2022) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jlpt.v7i2.6761
<![CDATA[The determination of the elected Regent and Deputy Regent by the General Election Commission (KPU) of Sabu Raijua Regency was formed without paying attention to the provisions of the Legislation and General Principles of Good Governance. The reason is that Orient Riwu Kore was only known to have dual citizenship after issuing the KPU Decree. The Constitutional Court later annulled the KPU decree. In contrast, Article 24C of the Constitution mandates that the MK's authority decide disputes regarding the general election results. On the other hand, the KPU stipulation decree is related to the general election process, not a dispute over the vote results. The dispute resolution process should be done through administrative efforts to the BAWASLU and the PTUN. Therefore, it becomes a question regarding the basis of the authority and reasons for the Constitutional Court to resolve disputes over the general election process. This research is in the form of normative juridical. The approach used in this research is the statutory approach and the case approach. This research is categorized in a prescriptive research typology. The data that has been collected will be analyzed qualitatively, and the results of this study are categorized in the form of prescriptive-analytical research. The result of this research show if the dispute of the KPU decree should be solved by administrative efforts in the form of adjudication to Bawaslu. Only then can the PTUN lawsuit be filed. However, suppose the dispute resolution process is carried out through the Administrative Court, it will take a long time. So that it can be understood that the acceptance of the applicant's application by the Constitutional Court is due to the absence of a more effective mechanism that can be carried out for the determination of the KPU decree other than through the Constitutional Court. Keywords: election disputes; constitutional court decision; decrees; general election commissions.]]>
<![CDATA[ASSIMILATION AND INTEGRATION FOR PRISONERS IN THE MIDDLE OF THE COVID-19 PANDEMIC BASED ON MINISTER OF LAW AND HUMAN RIGHTS REGULATIONS NUMBER 10 OF 2020 ]]>
<![CDATA[Raymundus Loin]]>;
<![CDATA[Klara Dawi]]>;
<![CDATA[Yenny Aman Serah]]>;
<![CDATA[Didi Haryono]]>;
<![CDATA[Liza Marina]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 7 No 2 (2022) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jlpt.v7i2.6791
<![CDATA[The provision of assimilation and integration programs is one of the answers to the problem of overcrowded prisons . As a result of being overcrowded, prisons cannot implement the health protocol, namely physical distancing recommended by the government. Policies for implementing assimilation programs during the Covid-19 pandemic should be accompanied by legal policies whose impacts can be beneficial for the legal system in Indonesia, especially regarding criminal policies, namely through reconstruction and/or reformulation of the criminal system and criminal sanctions through the application of social work criminal sanctions and prevention and/or or crime prevention through restorative justice efforts and this is taken into consideration as an effort to resolve the over capacity problem.]]>
<![CDATA[THE RIAU ISLANDS PROVINCE GOVERNMENT’S COMMITMENTS ON THE PERSONS WITH DISABILITIES PROTECTION FROM NATIONAL AND INTERNATIONAL LAW PERSPECTIVES ]]>
<![CDATA[Fahmi Ari Yoga]]>;
<![CDATA[Rina Shahriyani Shahrullah]]>;
<![CDATA[Elza Syarief]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 7 No 2 (2022) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jlpt.v7i2.7315
<![CDATA[This study aims to review the commitments of the Riau Islands Province in enforcing the PwD rights mandated by the Convention on the Rights of Persons with Disabilities (CRPD) and Law No. 8 of 2016 concerning Persons with Disabilities (PwD Law). This study adopts normative legal research by using secondary data, and examining it based on the content analysis. The study finds and concludes that PERDA KEPRI on PwD has incorporates the principles, purposes and rights under the CRPD. However, it is different from the current PwD Law because it does not specify the rights of women and children with disabilities, yet it remains to be valid because it is permitted by Article 150 of the current PwD Law. The commitments of the Riau Islands Province are also realized by concrete actions of KEPRI local governments, NGOs and communities by providing various assistance and activities for PwD.]]>
<![CDATA[MEASURING POSITIVISM IN LEGAL SCIENCE AND LEGAL PRACTICE IN INDONESIA ]]>
<![CDATA[Arnanda Yusliwidaka]]>;
<![CDATA[Muhammad Ardhi Razaq Abqa]]>;
<![CDATA[Tri Agus Gunawan]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 7 No 2 (2022) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jlpt.v7i2.7288
<![CDATA[This research departed from strong legal positivism in the development of legal science and legal practice in Indonesia. This research aims to analyze the positivism in legal science and legal practice, particularly in law enforcement reflected on judge jurisprudence (court verdict). The method used in this research was juridical normative with library study approach, related to expert’s doctrines and news sources related to some cases in Indonesia. This research explains that positivism highly affects law enforcement system. It can be seen from some judge jurisprudences tending to emphasize dominantly the positive law and ordinance and to prioritize law certainty. It of course generates pros and cons within society concerning judge verdict in some cases by people considered overriding justice aspect. In making verdict, a judge should obligatorily prioritize justice value, and law certainty and benefit and thereby can protect, put anything in order, and create peace in society life in dealing with the challenge of rapid time change.]]>
<![CDATA[REVERBERATION OF PANDEMIC MIGRANT FOOTPRINTS AND POLICY MANIFESTATION: A PROGRESSIVE STATE APPROACH OF NORTH-EAST INDIA ]]>
<![CDATA[Pankaj Choudhury]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 7 No 2 (2022) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jlpt.v7i2.7371
<![CDATA[This is the defining moment of our generation. We are facing a global health crisis, one that is killing people, spreading human suffering, and upending people’s lives. The Covid-19 pandemic and sudden global lockdown across nations has brought migrant livelihoods to a halt. The headlines around Covid-19 are enough to scare us witless. The migrant crisis brought to the fore the unfulfilled obligations of the governments to restore work to its most vulnerable citizens in the era of economic liberalization. The migration debate has become central to political circle which largely involves rehearsing to false dichotomies whereas migrants are in continuous drift. Debate is just not restricted to utility of limited public funds. We have to create an ‘island of opportunities’ in this ‘ocean of distress’. The research poses the questions, namely: 1. How did immigration occur in North-east India? 2) How were the debates relating to migrants from North-east India? 3) How did the government of North-east India respond to the situation of migrants from North-east India during the Covid-19 pandemic? It was found and concluded that growing rural distress with agricultural failing leading to heavy debt burdens was the primary reason of immigration in North-east India. “The Assam Accord” signed between the “Government of India” and the “Leaders of the Assam Movement” in 1985 effectively legitimized all immigrants entering Assam before 24, December 1971. The SHG’s under National Rural Livelihoods Mission (NRLM) and Assam State Rural Livelihoods Mission (ASRLM) had adopted series of remedial measures during the Covid-19 pandemic for people, including migrants from North-east India.]]>
<![CDATA[TRACKING DEVICES ON COLLATERAL VEHICLES BY FINANCIAL INSTITUTIONS INVADES CUSTOMER PRIVACY ACCORDING TO PRIVACY PROTECTION LAW ]]>
<![CDATA[Suwinto Johan]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 8 No 1 (2023) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jlpt.v8i1.7361
<![CDATA[Financial institutions expect financing to be returned on time and adhere the terms of the agreement. Financial institutions profit from the ability to handle non-performing loans (NPL). The lower the level of NPL, the lower the risk and the higher the profit made by the financial institution. One way to mitigate risk is the capacity to take over the collateral for financing. One of the collaterals for financing is in the form of a vehicle. This vehicle is guaranteed by Fiduciary security. If consumer default occurs, financial institutions can seize the collateral and use it to pay off the loan. Financial institutions employ a variety of strategies to ensure that collateral is quickly located in the event of a default. One method is to use technology to install a tracking device. This study scrutinizes the use of tracking devices by financial institutions from the perspective of consumer privacy protection. This normative legal research concludes that collaterals with Fiduciary security are property of financial institutions prior to settlement. However, the installation of tracking devices on collateral vehicles might invade customer privacy. The customer has the option to object the installation of the device on the vehicle.]]>
