ORIGINAL RESEARCH ARTICLE | Nov. 14, 2021
Legal Reconstruction of the Principle of Monogamy in Indonesian Law Number 1 of 1974 Based on Justice Value
Gusti Wardiansyah, Fahmi Al-Amruzi, Anis Mashdurohatun, Akhmad Khisni
Page no 653-659 |
10.36348/sijlcj.2021.v04i11.001
One of the things that are protected for the benefit of humans is to maintain offspring. For this reason, Islam regulates marriage and forbids adultery, stipulates who should not be married, how marriage is carried out, what conditions must be met, and how is it legal so that the children that are born from that relationship can be considered legitimate and become legal descendants of their fathers. This study aims to analyze the position of the principle of monogamy in the Indonesian Law Number 1 of 1974 on Marriage by analyzing the application of the principle of monogamy in Law Number 1 of 1974 to reconstruct this law based on justice value. This research is a normative-legal type of research that is used to examine the function of a norm that lays the law as an instrument that regulates and controls society. The approach used in this research is conceptual, a statute approach, a philosophical approach, and a comparative approach. The analysis used in this research is descriptive-qualitative. The result shows that the marriage in Law Number 1 of 1974 which has been used so far has not fulfilled a sense of justice, especially for husbands who want to practice polygamy even though the wife has been permitted to do polygamy. Article 2 paragraph (2) provides special conditions for husbands who will have polygamy, namely permission from the court, even though permission from the first wife is already owned. This is certainly a burden for the husband because he has to deal with the court which of course requires time, money, and energy. In addition, the court's participation in granting permission for polygamy according to the author is a form of court intervention in other people's household affairs.
ORIGINAL RESEARCH ARTICLE | Nov. 14, 2021
The Effectiveness of Criminalizing Hate Speech through Electronic Media in Indonesia
Zoya Haspita, Vita Deliana, Dewa Gede Giri Santosa
Page no 660-667 |
10.36348/sijlcj.2021.v04i11.002
The existence of the internet not only has positive impacts, but also has negative impacts, one of which is the rampant hate speech that is spread through social media. The government then issued Law No. 11 of 2008 concerning Electronic Information and Transactions as amended by Law No. 19 of 2016, which regulates the criminalization of hate speech conducted via electronic media. Nonetheless, even though there have been criminal threats against acts of hate speech through cyberspace, the number of cases of hate speech that are handled by the police has actually increased from year to year. The purpose of this paper is to find out how the influence of social changes in the criminalization of hate speech through electronic media and the effectiveness of criminalization of hate speech through electronic media as an effort to tackle the rise of hate speech in cyberspace. This research uses normative legal research method. The results of this study explain that social changes related to the way of sharing information via electronic media have a real impact on applicable law in Indonesia with the existence of regulations regarding the criminalization of hate speech through electronic media. However, since the enactment of this regulation, the number of acts of hate speech through electronic media has increased from year to year. Therefore, the criminalization policy must pay attention to the principle of subsidiarity, meaning that criminal law must be placed as a last resort in overcoming crimes using a penal instrument, not as the main effort. Other efforts are needed that should be prioritized apart from punishing the perpetrators of criminal acts.
ORIGINAL RESEARCH ARTICLE | Nov. 27, 2021
Management of Cyber Public Relations in Public Information Disclosure on Instagram Social Media Protocol and Communication Section of the Banjarmasin City Government
Sarwani, Bachruddin Ali Akhmad, Sri Astuty, Muhammad Muthahhari
Page no 668-676 |
10.36348/sijlcj.2021.v04i11.003
Banjarmasin city government utilized the advances in internet technology through Instagram social media in order to establish external relationships with the society, the efforts of Banjarmasin city government to make Instagram social media official account in the protocol and communication of Banjarmasin city government as a medium for the information disclosure. In terms of managing feedbacks from the society to the Instagram social media uploads, City Government is considered less professional therefore causing a not so good impression for the society. Moreover, the uploads on the Banjarmasin City Government social media seems less neat and orderly for a class of official city government agency accounts. The research used is descriptive research with qualitative approach. The results showed that the Cyber Public Relations management in the public information disclosure in the Instagram social media account in the protocol and communication division of Banjarmasin City Government has been considered effective with the public assessment of the government official Instagram the dominant gives a good rating, structurally the Banjarmasin City Government Instagram already has sub division that is accounted to maintain the information. In the management of the Banjarmasin City Government Instagram social media account, in terms of appearance design is considered less attractive and the features in the Instagram also have not been fully utilized to give more actual information so the society can access Instagram to get information only depend on the main post. Recommend to the the Banjarmasin City Government Instagram has competent human resource in terms of the visual design and visual audio in order to produce the information publication which is interesting to see.
REVIEW ARTICLE | Nov. 27, 2021
A Case for the Adoption of Jury Trial in Nigeria
Ngwu Godwin Emeka, Onyemaechi Titilayo Ogiri
Page no 677-687 |
10.36348/sijlcj.2021.v04i11.004
In Nigeria today, the justice system is characterised by the bench trial only. Several other jurisdictions practice the jury trial or trial by jury; which seems to be a better system of justice especially in criminal trials. The jury system was once practiced in Lagos but was abolished after a couple of months by the military government. Trial by jury system has often been condemned by many as trial by a body of laymen who could easily be compromised. Corruption in the judiciary is something Nigeria is still battling with and it is perceived by many that introducing the jury system would only up the level of corruption in justice and it would finally be a case of the highest bidder getting "justice". However true this notion may be, several other countries practice the jury system without issues of corruption. What are these countries doing? What systems have they adopted to have a near perfect jury system? These and other questions are what Nigeria should be deliberating on in considering the possibility of adopting a jury system. A study of a few select jurisdictions is discussed in the paper and it is hoped that the recommendations at the end of this paper would be useful in having Nigeria adopt and practice a jury system without hitch.
ORIGINAL RESEARCH ARTICLE | Nov. 30, 2021
Distribution of Land Bank Assets Post Application of the Copyration Law in Realizing Equality Development in Indonesia
Upik Hamidah
Page no 688-695 |
10.36348/sijlcj.2021.v04i11.005
Law Number 11 of 2020 concerning Job Creation establishes a special agency that manages land, namely the land bank agency, which functions to carry out the planning, acquisition, procurement, management, utilization, and distribution of land. The establishment of a land bank in Indonesia has been realized with the issuance of Government Regulation Number 64 of 2021 concerning the Land Bank Agency. Based on this regulation, the Land Bank Agency has a function to distribute land assets owned to realize the economy. With the existence of a land bank, existing interests lead to the community or only the interests of the government to expand assets, especially for equitable distribution of national development. Both internal and external supervision are expected to minimize the behavior of land liberalization, especially the issue of licensing and land use in the context of development which is expected to increase efficiency and strategic utilization in accordance with its designation. The land bank supervision mechanism in the Job Creation Law will provide preventive measures in minimizing the authority over the land bank that will be misused. The distribution of land assets is carried out by the Land Bank based on the activity plan, criteria regarding the land object to be distributed and priority ranking. This is to ensure the accuracy of the target for guaranteeing the provision of land. The distribution for the provision of land for various development purposes must be based on consideration of the interests of the community and regional development.