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Published by Lembaga Contrarius Institute

ISSN : 28072979 EISSN : 28072812 DOI : 10.33292

Core Subject : Health, Social,

Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice

Journal of Human Rights, Culture and Legal System is a double-blind review academic journal for Legal Studies published by Research and Social Study Institute. Journal of Human Rights, Culture and Legal System contains several researches and reviews on selected disciplines within several branches of Legal Studies (Sociology of Law, History of Law, Comparative Law, etc.). In addition, Journal of Human Rights, Culture and Legal System also covers multiple studies on law in a broader sense. This journal is periodically published (in March, July and November). The focus of Journal of Human Rights, Culture and Legal System is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. Journal of Human Rights, Culture and Legal System aims to provide a forum for lectures and researchers on applied law science to publish the original articles. The scope of Journal of Human Rights, Culture and Legal System is Criminal Law, Civil Law, International Law, Islamic Law, Agrarian Law, Administrative Law, Criminal Procedural Law, Commercial Law, Constitutional Law, Civil Procedural Law, Adat Law, Tourism Law and Environmental Law.

Arjuna Subject : Ilmu Sosial - Hukum

Articles 56 Documents

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Oil and Natural Gas Management Policy in Realizing Equal Energy in Indonesia Fatma Ulfatun Najicha
Journal of Human Rights, Culture and Legal System Vol 1, No 2 (2021): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

In its development, the management of oil and gas in Indonesia has undergone several policy developments. The enactment of Law Number 22 of 2001 concerning Oil and Gas has become a new chapter in the regulation of oil and gas in Indonesia. This law wants to emphasize that national development must be directed to the realization of people's welfare by carrying out reforms in all fields of national and state life. This article finds that the law has affirmed the objectives of natural gas management to increase state income, create jobs, improve the welfare and prosperity of the people in a just and equitable manner, and maintain the environmental sustainability. However, gas management must be carried out carefully and should be free from liberalization schemes that can bring about social injustice and failure to achieve people's welfare. The Constitutional Court's decision, which has annulled the articles in the law, is imperative to do the legal reconstruction by ensuring laws that create happiness for the people.Keywords: Oil; Natural Gas; Equal Energy; Management Policy.

Right to Sanitation: Case Study of Indonesia Devi Triasari
Journal of Human Rights, Culture and Legal System Vol 1, No 3 (2021): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Sanitation is a basic human right which shows that someone is dignified and deserves to be respected as a human being. The international community has recognized the importance of this right. However, this right has not been explicitly recognized. This is because the legal status of the right to sanitation is unclear. The right to sanitation is derived from the "right to health" and "right to a decent standard of living". The results concluded that the fact that Indonesia is the 4th country with the largest population in the world puts Indonesia in the top 10 of the category of "country with the longest queue order of toilets" and "the country with the number of defecating in open area". International law which is often criticized for its weak enforcement in reality has been able to respond to the issue of the right to sanitation in Indonesia, mainly through 3 main mechanisms, namely reporting, country missions, and cooperation with civil Societies and NGOS. However, there are still some challenges from the three international human rights law capacities. By improving this capacity, his expectation of Goal 6 on sanitation rights can be realized by 2030.

The Problems of Halal Certification Regarding Consumer Protection in Malaysia and Indonesia Ratna Sofiana; Satria Utama; Abdur Rohim
Journal of Human Rights, Culture and Legal System Vol 1, No 3 (2021): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Halal certification is a form of the State's protection for Muslim society. Malaysia and Indonesia are two Muslim-majority countries. These two countries are concerned about providing a guarantee for the right of their people to obtain foods, drugs, and cosmetics following their Islamic beliefs. Therefore, they are to ensure halal certification as part of the efforts. In order to scrutinize the two countries' policies on halal products, this article aims to explore the problems of halal certification on consumer protection they face. This study applies a comparative approach. Data were collected by literature study in the related topics. The findings of this study conclude that, in terms of governance systems, halal certification performed by Malaysia is more organized and systematic than by Indonesia. The law enforcement of the Republic of Indonesia, compiled in Omnibus Law 2020, has a positive impact on the halal certification processes. However, it is not an appropriate guarantee of excellent governance systems due to its status after the decision of the Constitutional Court in 2020, which suspended the constitutionality of this Omnibus Law.

Should Trade Remedies be Eliminated from WTO: A Response to Tania Voon Utkarsh K. Mishra; Abhishek Negi
Journal of Human Rights, Culture and Legal System Vol 1, No 3 (2021): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

This work is a reflection of a critical viewpoint on the academic work of Tania Voon. She argues on the elimination of trade remedies from the multilateral trading system of the World Trade Organization on the basis of various considerations, including on the basis of some lessons from Regional Trade Agreements. The article makes no attempt to strike a balance between consumer and domestic industry interests. Additionally, it must be recognized that eliminating a structural protection mechanism is not always the best course of action because, in a global market such as that of trade, there are numerous players with disparate interests. If trade remedies are eliminated, a void will exist in which there will be nothing to regulate short-term issues, which will also affect the WTO's long-term objectives.

Strategy for Implementing Operations to Handle the Crime of Narcotics Arif Purnama Oktora; Hilaire Tegnan
Journal of Human Rights, Culture and Legal System Vol 1, No 3 (2021): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Narcotics abuse is closely related to illicit trafficking as part of trans national organized crime. People become dependent so that the supply continues to increase. The relationship between dealers and victims is solidly bonded. It is difficult for victims to escape from dealer/s, even though victims are not frequently involved. This solid relationship between dealer/s and victim/s put the police in difficulty overcoming the crime. However, the West Jakarta Metro Police successfully manages to tackle that challenge. This research takes place in the West Jakarta Police Station. This article aims to explain the strategy for handling the 120 kg narcotics crimes by the West Jakarta Metro Police. The results of this study indicate that the attainment of the West Jakarta Metro Police depends on four things: (1) the pungent substance of the law on narcotics; (2) adequate law enforcement; (3) strategic programs in improving the competence of components of investigators; and (4) the existence of institution facilities and structures that support the case handling process.

The Principle of Equality Before the Law in Indonesian Corruption Case: Is It Relevant? Moh. Iqra Syabani Korompot; Sholahuddin Al-Fatih; David Pradhan
Journal of Human Rights, Culture and Legal System Vol 1, No 3 (2021): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Article 28D paragraph (1) of the NRI Constitution of 1945 states that "Everyone is entitled to the recognition, guarantee, protection, and certainty of fair law and equal treatment before the law". Unfortunately, the implementation of the article is not in accordance with the theory. Cases that go against the principle of equality before the law include cases of corruption convicts who get lavish facilities in poor prisons. The purpose of this research to find out the form of facilities obtained by corruption inmates is reviewed from the principle of equality before the law, as well as the extent of the government's efforts in dealing with cases like this. The methodology used to resolve this error uses empirical juridical research methods. Data collection techniques by conducting interviews, observations, documentation and re-analysis with qualitative methods that aim to understand phenomena occurring in the field. The results showed that the form of facilities obtained by corruption inmates such as televisions, cell phones, air conditioners made it easier to get in and out of prisons, and so on. The Government's efforts in dealing with this are to revitalize the coaching of inmates and the revised plan of Law no. 12 of 1995 on correctional with the aim of improving the personality quality of inmates until the presence of the intention to improve themselves and do not want to repeat the validity.

Implementation of Halal Product Assurance in the Pharmaceutical Sector in Indonesia Resti Dian Luthviati; Suviwat Jenvitchuwong
Journal of Human Rights, Culture and Legal System Vol 1, No 3 (2021): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

The goal of this research is to determine and assess the implementation of halal certification for the pharmaceutical business in accordance with Law Number 33 of 2014 on Halal Product Assurance, as well as the variables that hinder and support its implementation. The impact of the JPH Law on the process value chain and supply chain of drugs and vaccines results in a total change in the pharmaceutical industry, including changes in ingredients resulting in reprocessing of quality, safety, and efficacy, changes in the distribution process, addition of personnel or staff, decreased economic capacity of the industry due to increased production costs, and there is a decrease in the industry's economic capacity due to increased costs of production. The halal status of a product has become a must-have for all consumers, particularly Muslims. Some parties, particularly the pharmaceutical business, continue to oppose to the existence of Law No. 33 of 2014 concerning Halal Product Guarantee. The supply of special facilities, such as rooms, equipment, and human resources, will significantly raise costs, resulting in higher drug prices and a reduction in people's access to the items they truly require for health care. Currently, the pharmaceutical sector must import 95 percent or more of its raw materials, totaling 150,000 items, in order to make about 30,000 different types of pharmaceuticals in the country.

Indonesia as Legal Welfare State: The Policy of Indonesian National Economic Law Rian Saputra; Silaas Oghenemaro Emovwodo
Journal of Human Rights, Culture and Legal System Vol 2, No 1 (2022): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

The purpose of this study is to ascertain the relationship between investment law and state sovereignty, and then to construct national investment law politics in the future in order to advance economic development and retain independence. This research is normative by taking a statutory approach and a conceptual approach. The study's findings indicate that investment is critical for economic growth and job creation. Governments throughout the world are aggressively competing to improve the business climate and so encourage investment activities, but this competition should be controlled and emphasize domestic capital, as it signals to Indonesian state leaders that investment is a priority. While the contribution of foreign funds or foreign aid is not denied in developing Indonesia's declining economy, it must first rely on domestic capabilities as a source of development funds to ensure that the existence of foreign sources of funds does not result in dependence on foreign parties and that foreign heads of funds are used for the benefit of the people's economy.KeywordsPolicy;Economic Law;Welfare;

The Effectiveness of Administrative Efforts in Reducing State Administration Disputes Ahmad Siboy; Sholahuddin Al-Fatih; Virga Dwi Efendi; Nur Putri Hidayah
Journal of Human Rights, Culture and Legal System Vol 2, No 1 (2022): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Regulating administrative efforts as the mandatory procedure is expected to be able to filter and reduce the number of disputes that must be tried by the State Administrative Court. However, the position of administrative efforts is only interpreted as a formality. This study aims to analiyz the position of administrative efforts in the settlement of state administration disputes and to find out how effective the administration efforts in reducing the number of state administration disputes in the State Administrative Courts in East Java. The results indicated that administrative efforts were the embodiment of the state law of Pancasila, but the effectiveness of administrative efforts in East Java was still very low or ineffective in reducing the number of state administrative disputes in the State Administrative Court.

Constitutional Religious Tolerance in Realizing the Protection of Human Rights in Indonesia Nurfaika Ishak; Romalina Ranaivo Mikea Manitra
Journal of Human Rights, Culture and Legal System Vol 2, No 1 (2022): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Tolerance in the dynamic of Indonesian society and socio-cultural diversity is necessary. It is crucial to examine constitutional regulations as the highest fundamental law. The government has issued various regulations, but the critical question is whether these regulations protect religious freedom. This study aims to figure out how the law of religious tolerance ruled in the Constitution of the Republic of Indonesia/ Undang-Undang Dasar Negara Republik Indonesia Tahun 1945. This research is a type of normative research by describing, analyzing, and describing the constitutional arrangement of religious tolerance as a form of protection of human rights in Indonesia. The approach used is legal by tracing all relevant laws and regulations. The data collection technique used in this study is a library research technique, which is a data collection technique by reviewing journals, rules, regulations, and other related materials related to the law of religious tolerance in Indonesia. The results showed that religious tolerance is a form of protection for human rights recognized in Indonesia as a country with diversity. Tolerance is one of the keys to religious harmony based on mutual understanding and respect as human beings.

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Abdul Kadir Jaelani

Contact Email
alanzaelani50@gmail.com

Phone
+6287738904981

Journal Mail Official
journalhumanrightslegalsystem@gmail.com

Editorial Address
Sibela Utara Street No.3, Mojosongo, Kec. Jebres, Kota Surakarta

Location
Kota surakarta,

Jawa tengah

INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Abdul Kadir Jaelani

Contact Email alanzaelani50@gmail.com

Phone +6287738904981

Journal Mail Official journalhumanrightslegalsystem@gmail.com

Editorial Address Sibela Utara Street No.3, Mojosongo, Kec. Jebres, Kota Surakarta

Location Kota surakarta, Jawa tengah INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Abdul Kadir Jaelani

Contact Email
alanzaelani50@gmail.com

Phone
+6287738904981

Journal Mail Official
journalhumanrightslegalsystem@gmail.com

Editorial Address
Sibela Utara Street No.3, Mojosongo, Kec. Jebres, Kota Surakarta

Location
Kota surakarta,

Jawa tengah

INDONESIA