Books and Journals
How Law Responds to Technological Development?
Law and technological development must go hand in hand. The speed of technological development must be balanced with a fast legal response. Laws that are not quick in responding to technological developments can certainly result in weak regulations and even a legal vacuum in the technology development sector. The technology industry in the fields of financial technology (fintech), online transportation services, and digital health services continues to develop. Without strong regulation, these sectors will have a weak legal basis. The impact faced can be in the form of misappropriation by irresponsible individuals and causing harm to the wider community. Given that sectors such as fintech, online transportation services, and digital health services are related to the interests of the wider community. The state must exist by making laws or regulations that can respond quickly to technological developments. Indonesia as a rule of law must make all aspects run according to the law, including technological developments that produce products. This paper examines the extent to which the speed of law in Indonesia in responding to technological developments. KEYWORDS. Law; Development; Technology
Talent Pool on The Appointment of Directors of PLN (Persero) Viewed from Good Corporate Governance
Talent Pool on the appointment of BUMN Directors that has been implemented at this time still leaves problems. This research aims to know how the application of the Talent Pool on the appointment of Directors of PLN (Persero) viewed from Good Corporate Governance and the implications for compliance and performance aspects. The research method used in this study is a normative juridical approach which is done analytically descriptive. The results showed there were still mismatches in the application of the Talent Pool on the appointment of the Directors of PLN (Persero) to several GCG principles that are transparency principle related to the need for an information system to appoint Directors of BUMN which is transparent and accountable, accountability principle is relating to the need for the development of a performance appraisal system for Directors, BoC and Shareholders and the accountability arrangements for professional institutions or teams formed by the Minister of BUMN in conducting due diligence and propriety tests for candidates for the BoD and independence principle is relating to the process of appointing BUMN Directors which must be done in stages by involving the final assessment by Tim Penilai Akhir. The implications of the application of the Talent Pool that applies GCG principles have a significant impact on compliance and performance aspects, this is evidenced by increased compliance with applicable laws and regulations through prevention of acts against the law and increased performance through company profitability. KEYWORDS. Talent Pool; Directors; State Owned Enterprises; Good Corporate Governance
The Critical Study of the Omnibus Bill on Job Creation Based on John Rawls View on Justice
This study aimed to analyze the critical study of The Omnibus Bill On Job Creation based on John Rawls view On Justice. The Government and the House of Representatives ratified the Omnibus Bill on Job Creation through a plenary meeting on October 5, 2020. This is more focused on improving economic growth or investment but does not pay attention to increase the protection and competence of human resources. The type of this research uses normative legal research, legal research that is conducted based on law and regulation, and library material. Related to this type of research, the approach used in this paper is legal, a conceptual approach, and a historical approach. According to the result of research, it can be concluded that the rules of the Omnibus Bill on Job Creation has implications for the imbalance of position between companies and workers and do not provide legal certainty for workers' protection. According to John Rawls, a justice will not sacrifice the rights of some people for the benefits enjoyed by others. Based on the opinion of John Rawls, we can know that if we sacrifice the rights of others for profit is not right. The cooperation based on a work agreement should be of benefit to all parties. These are benefits that can provide welfare to one another. Companies do not need to pay as high as company directors, but companies must be transparent about finances. KEYWORDS. Omnibus; Labor; Justice
Covid-19 and Human Rights: The Capture of the Fulfilment of Rights During the Covid Outbreaks
Fulfilment and protection of human rights in all aspects is a form of Constitutional Rights for Citizens that must be fulfilled by the State. Basic human rights also under no circumstances can be reduced even deprived. However, the fact is, human rights regulated in various laws and regulations in Indonesia have not been maximally implemented. The fulfilment and protection of human rights also faces its own challenges in implementing it in certain cases, for example disasters such as Pandemic Covid-19. Various legal instruments, both central and regional, were created to deal with and resolve the Covid-19 Pandemic problem. This study aims to examine the implementation of the fulfilment and protection of human rights in special situations such as Covid-19 Pandemic. This research is limited to the Semarang City area. This study wanted to find out and analyze various aspects of law and human rights in the implementation of various policies related to Covid- 19 in the City of Semarang. This study seeks to find challenges and problems in the protection and fulfilment of human rights in the city of Semarang in the Covid-19 Pandemic. The method in this study uses empirical research, where researchers directly go to the field. The planned data was obtained from various related agencies in the city of Semarang, the community, and related NGOs. This research will assist the government in mapping human rights fulfilment policies in national disaster situations in this case the Covid-19 Pandemic. KEYWORDS. Human Rights; Covid-19; Protection of Human Rights; Fulfilment of Human Rights
Death Penalty for Corruptors in Indonesian Human Rights Perspective
The death penalty for corruptors, gaining a place in Indonesia's positive criminal law. As a country that makes Pancasila an ideology, it is interesting to be reviewed in this paper on the existence of the death penalty for the corruptor from a human rights perspective in Indonesia. Therefore, the author raised two issues, namely the first, how is the death penalty for corruptors in Indonesia's positive law? second, what about the death penalty for such corruptors if reviewed from a Human Rights perspective in Indonesia? To answer this, the authors chose legal research with a normative approach as part of its research methods. Based on the study obtained that the death penalty for corruptors does not conflict with Indonesian human rights values, because it is seen as the most serious crime. Even the formulation of the death penalty is currently seen as in line with the direction and ideals of reforming Indonesia’s criminal law, which is increasingly humanist and puts forward the purpose of justice and benefit. KEYWORDS. Death penalty, corruption, criminal law, human rights in Indonesia
Understanding Geospatial Intelligence and the Challenges of Effective Counter-Terrorism Strategy: A Case Study of Nigeria's Boko Haram Challenge
Nigeria is faced with a number of security challenges that have threatened the existence of peace and security in the country. These threats to public safety and national security have greatly undermined the government primary responsibility of guaranteeing public safety and national security. The intractable challenges posed by Boko Haram makes a good case for the above assertion. This work, therefore, reviews the applicability of Geospatial Intelligence and all its components and sub-field, with a view to understanding and or establishing their respective relevance in devising effective counter-terrorism strategies in Nigeria. This was done, taking Boko Haram activities between 2015 and 2018 for specific study, against the background of Geospatial Intelligence capabilities. The researchers utilised primary and secondary data sources in this work. The Primary data sources was from questionnaires administered physically and electronically via emails while, secondary data came from published books, journals, articles, lecture guides, videos etc. Acquired data was statistically analysed using simple percentage and Chi-Square statistics. Sequel to the statistical results, findings were made that Geospatial-Intelligence is relevant and remains the most potent frontier in developing effective counter-terrorism strategies against Boko Haram and indeed other similar insurgencies in Nigeria. KEYWORDS. Geo Spatial Intelligence; Counter Terrorism; Boko Haram; North East; Nigeria; Strategy
Legal Reform for the Fulfilment of Disabilities Human Rights
The legal reform requires the fulfillment of disabilities human right is very important as a basis for strengthening the footing, so as to be able to respect, protect and fulfill the human rights of persons with disabilities without discrimination by upholding human value and dignity based on the Pancasila and the 1945 Constitution of the Republic Indonesia. The purpose of this study is to analyze the urgency of reforming human rights law of persons with disabilities and to analyze the model of legal reform to realize the fulfillment of human rights of persons with disabilities. This research method uses a type of normative juridical research by studying the legal literature. The results showed that the urgency of reforming human rights law for persons with disabilities in terms of philosophical, sociological, and juridical aspects. The model of legal reform has embodied the fulfilment of the human rights of persons with disabilities in the harmonization of policies consisting of several aspects of regulatory structuring, aspects of institutional structuring and aspects of legal culture development. So legal reform is able to manifest the human rights of persons with disabilities, in this case as a form of crystallization of noble values and human dignity that are more just, progressive, democratic, prosperous and nondiscriminatory. KEYWORDS. Legal Reform; Human Rights; Disability
Politics of Law for the Protection of Debtors as Consumers in Fintech based Loaning Services
This study aims to analyze legal protection related to technologybased lending and borrowing services. The research method used is normative legal research, with a statutory approach, namely an approach using legislation and regulations, and a conceptual approach that refers to existing legal doctrines. The data collection technique used was a literature study. The results show that legal protection for debtors as consumers has not been realized because the consumer dispute resolution mechanism for non-PUJK activities has not been regulated, there is no regulation regarding the interest rate ceiling and mechanisms related to the collection process, and because of the lack of strict sanctions against online loan administrators who commit violations. KEYWORDS. Legal protection; Online Loans; Financial Technology
Electoral Regulation in Indonesia: Is It Modern Law?
This research tries to discuss modern law and its character which is elaborated through a review of Law No. 7 of 2017 on Elections. Through conceptual and statutory approaches, this research tries to examine the concept of modern law based on the benchmarks of ideas put forward by Max Webber, Marc Galenter and Charles Sampford.. The results of this study show that it is quite difficult to categorize the law in Indonesia as a modern law. Nevertheless, this research successfully shows that one of indonesia's legal products, Namely Law No. 7 of 2017 on Elections, has fulfilled elements of modern law. This research is expected to help academics and legal practitioners to be able to dig deeper into the concept of modern law so that it can be applied in law in Indonesia with some adaptation and adjustment. KEYWORDS. Law; Modern; Elections
How Far Is Consumer Protection In The Health Care Sector?
In health services, it is not uncommon to cause malpractice due to negligence committed by health workers who are not in accordance with professional standards. This paper is intended to analyse concerning to how to protect consumers, the form of legal protection for patients as consumers of medical services and the forms of responsibility of hospitals and doctors as parties to medical services according to Law No. 8 of 1999 concerning Consumer Protection and Law No. 36 of 2009 concerning Health. To answer the question used the normative legal research method, the approach used in legal research is the statute approach), and case approach. In the Decision of Central Jakarta District Court No. 287/PDT.G/BTH/2011/PN.JKT.PST) there are 5 (five) rights of consumers who have been neglected by business actors according to Law Number 8 of 1999 concerning Consumer Protection, namely Article 4 points (a), (c), (d), (e), (g), and (h), and according to the Law Number 36 of 2009 concerning Health of consumer rights that are violated is in Articles 5-8, Articles 56-58. Regarding the responsibility given by business actors (RSCM) to consumers (Nina Dwijayanti) in the form of money amounting to Rp 1,776,010,000.00 (one billion seven hundred seventy-six million ten thousand rupiah), in Article 19 paragraph (2) the Consumer Law only recognizes just material compensation but according to Article 46 of Law No.44 of 2009 concerning this compensation house is appropriate.