This study analyses the Government's responsibilities in implementing land acquisition in National Strategic Projects. This is qualitative research using a statutory approach, case and conceptual approaches. The primary legal materials resulted from relevant laws and legislation. The legal material collected is analysed prescriptively. The results showed that national strategic projects' land acquisition planning arrangements must be accommodated adequately and comprehensively. There are no land acquisition planning arrangements that accommodate justice, which has encouraged the creation of land acquisition conflicts. Research findings show that the Government's responsibility in acquiring land for National Strategic Projects is weak, and regulatory arrangements are unclear. Government responsibility still needs to be stronger and have strict legal regulations. Legal certainty for economic interests in National Strategic Projects is more dominant. At the same time, the Government has ignored the interests of law and justice for the affected communities.
The primary objective of this research is to study the Jordanian Cybercrime Law No. (17) of 2023 between regulating social media sites and restricting freedom of opinion. In addition, it clarifies the concept of cybercrimes and how to control social media sites while preserving citizens’ rights to freedom of expression. In terms of balancing digital security and controlling social media sites. Defining concepts and terms, such as “regulating” social media sites and “restricting freedom of opinion,” is crucial to understanding the law's impact on users. Monitoring and implementing the law by the competent authorities to avoid excessive violations of individuals’ rights. The researcher used the descriptive analytical method, as well as the inductive method, and the legal text analysis tool was used. This research has reached several results, the most important of which are that the Jordanian cybercrime law has used broad, vaguely defined, inaccurate, ambiguous, and non-specific terms, such as fake news. Even though these texts do not meet the requirements of international law regarding drafting legal texts precisely enough to allow individuals to regulate their behavior accordingly. In addition, the Jordanian cybercrime law focused on the penal and punitive dimensions and did not include any institutional or preventive measures to reduce negative phenomena in the digital environment. This research has reached several recommendations, the most important of which are that the Jordanian legislator must reconsider amending legal texts that are unfair to internet users in a way that leads to the adoption of balanced legal texts compatible with basic rights. These rights include the right to exchange information, the right to express opinions and ideas, and the right to privacy, which the Jordanian Constitution guarantees in Article (7).
The presence of the House of Representatives in Indonesia's constitutional system significantly supports the development of democracy, as they serve as the people's representatives and voice. Currently, it is essential to implement term restrictions for legislative members, primarily for societal benefit. This study addresses the following research problems: Why is the current rule of legislative members' terms not just? What are the weaknesses of the current legislative term rules? How should the rule of legislative members' terms be reconstructed based on the principle of justice? Employing a constructivism paradigm, this research uses a sociological juridical approach and a descriptive research type. Data sources include primary data from field research and secondary data from primary, secondary, and tertiary legal materials. Data collection methods encompass observation, interviews, and literature study, with qualitative data analysis. The findings indicate that the current rule of legislative members' terms is unjust due to the lack of term restrictions, leading to increased risks of corruption, bribery, collusion, and nepotism. Weaknesses in existing rules on criminal sanctions for corruption, bribery are evident in the legal substance, structure, and culture. The legal substance lacks clear provisions on term restrictions, and the legal structure fails to address the urgency of implementing term restrictions for House of Representatives of Indonesia’s and Regional Representative Council members. Additionally, there is a need to raise public awareness about the importance of term restrictions for legislative members. The study suggests reconstructing criminal sanctions rules against corruption, bribery based on justice values, which involves revising both values and norms. This includes transforming previously unjust rules into just ones and amending the legislative term rules according to the principle of justice, as outlined in Law No. 7 on 2017 concerning General Elections, Articles 240(1) and 248.
ORIGINAL RESEARCH ARTICLE | Sept. 20, 2024
Reconstruction of the Regulation of Authority for Civil Servant Investigators (PPNS) in Nautical Affairs for Handling Ship Accidents Based on Justice Values
Wolly, Anis mashdurohatun
Page no 359-368 |
DOI: https://doi.org/10.36348/sijlcj.2024.v07i09.004
Indonesia, possessing the second-longest coastline globally, relies extensively on sea transportation, highlighting the necessity for proficient management of nautical incidents. The authority of Civil Servant Investigators (PPNS) in nautical affairs is delineated in Article 282 of Law Number 17 of 2008 concerning Shipping. However, the current framework, which places PPNS under the supervision of police investigators, can lead to biased investigations due to the pressure to conform to police findings, thereby compromising the independence and objectivity of PPNS. This study aims to analyse and prove that the regulation of PPNS authority in handling ship accidents is not founded on justice values, identifying several critical weaknesses, and proposing reforms to address them. Using a socio-legal research approach and incorporating primary and secondary data, along with a comparative analysis of international laws, the study is grounded in the Pancasila theory of justice, the legal system theory, and law enforcement theory. The findings reveal that the existing regulation fails to ensure justice values, as the supervision by police investigators introduces potential conflicts of interest and limits PPNS's ability to act independently. Moreover, the lack of specialized nautical expertise among police investigators hinders thorough investigations. Identified weaknesses include insufficient qualification standards for PPNS, structural issues in the coordination and supervision framework fostering conflicts of interest, and a need for more awareness and understanding of nautical laws and procedures among both investigators and the public. To reform the regulation, it is essential to establish a balance and equality of authority between PPNS and police investigators, enhancing the role of PPNS based on their specialized nautical expertise. Consequently, revising Article 282 of Law Number 17 of 2008 is necessary to align with justice values, ensuring more independent and objective investigations in nautical incidents.
ORIGINAL RESEARCH ARTICLE | Sept. 20, 2024
Reconstruction of Law Enforcement Rule for Employers of Medical Practitioner without Practice Licenses Based on Restorative Justice
Mohammad Khusnan Marzuki, Anis Mashdurohatun, Jaka Kusnanta Wahyuntara
Page no 369-377 |
DOI: https://doi.org/10.36348/sijlcj.2024.v07i09.005
In Indonesia, current constructive law lacks clear regulation regarding the enforcement of laws against employers who hire medical practitioner without practice licenses. As a result, law enforcement often relies on general statutes such as the Penal Code or Civil Code, treating offenders similarly to criminals. This situation emphasizes the urgent need for specific rule that adhere to principles of restorative justice. This study aims to study the absences in current law enforcement rule pertaining to employers of unlicensed medical practitioner, explore these issues from a restorative justice perspective, and propose a reconstructed regulatory framework grounded in restorative justice principles. The research employs a constructivist paradigm with a descriptive-analytical approach, utilizing socio-legal methods within a qualitative research design. Data consist of primary, secondary, and tertiary legal materials gathered through literature review, observation, and interviews, and are studied qualitatively. The findings reveal that existing rule do not follow to principles of restorative justice. Enforcement lacks consistency, hindering the equitable access of the public to law enforcement, justice, and benefits. Weaknesses include the absence of specific legal provisions and insufficient knowledge among law enforcement officials regarding healthcare law, resulting in inconsistent enforcement practices. Illustration on international and national legal insights, the study proposes a reconstructed legal framework that ensures balanced protection for employers, medical practitioner, and patients, promoting dignified and high-quality healthcare services free from stigma, and showed with fairness and professionalism. Reconstructing legal norms such as Article 442 and healthcare legislation could create a balanced law enforcement regulation that upholds legal enforcement, legal utility, and societal justice perceptions.
ORIGINAL RESEARCH ARTICLE | Sept. 20, 2024
Anti-Corruption Efforts in Regional Police Departments: The Role of Regional Inspectorate Supervision Based on Justice Values
Mohamad Nur, Anis Mashdurohatun
Page no 378-386 |
DOI: https://doi.org/10.36348/sijlcj.2024.v07i09.006
This study explores how effective oversight can enhance the utilization of state apparatus for achieving good and clean governance, specifically focusing on the role of regional inspectorates in preventing corruption within regional police departments. The study aims to: 1) analyze why current regulations regarding the regional inspectorate's role in corruption prevention are not based on justice values; 2) identify challenges in these regulations; and 3) propose a reconstruction of the regulations to align with justice values. Using a constructivist paradigm, a socio-legal approach, and descriptive research methods, the study relies on secondary data sources, including primary, secondary, and tertiary legal materials. Data collection is conducted through a literature review, and qualitative analysis is employed for data interpretation. The findings reveal that the current regulation is not justice-aligned due to the supervisory function of the Regional Inspectorate (Itwasda) being under the authority of the Regional Police Chief (Kapolda), rather than the National Police Chief (Kapolri). This structure limits the effectiveness of oversight and suggests the need for a direct reporting line to National Police Chief. Challenges in the existing framework include a lack of specific legal guidelines governing the inspectorate's role in corruption prevention and insufficient synergy between organizational sections and Supervision Inspectorate. Furthermore, there is a cultural reluctance to report corruption. The study proposes reconstructing the regulation to ensure a justice-based framework, including normative revisions to relevant laws and regulations, such as Law No. 20 of 2001 on the Amendment of Law No. 31 of 1999 on Corruption Eradication, and Indonesian National Police Regulation No. 14 of 2018. This reconstruction aims to establish a clearer, more effective oversight mechanism that enhances the inspectorate's role in corruption prevention.
Copyright, as a special right of creators, develops automatically under the declarative value once a work is happened in a physical form, with certain limitations as prescribed by law. This study investigates the current limitations in legal protection for copyright owners and proposes a justice-based regulatory framework. The research is structured around three central questions: 1) Why does the existing legal framework for copyright protection fail to deliver justice for copyright owners? 2) What are the essential shortcomings in the current regulations? 3) How can these values be restored to safeguard justice-based protection? Engaging a constructivist paradigm and a sociological legal method, this research utilizes socio-legal methods, including expressive analysis of both primary and secondary data. Data collection was conducted through literature reviews and field studies, with qualitative methods applied to analyse the findings. The study reveals substantial gaps in the current legal framework, particularly within Articles 1, 8, and 9 of the Copyright Law, which ineffectively safeguard the rights of copyright owners. These deficiencies are exacerbated by the widespread misuse of artificial intelligence technologies that modify original works, undermining the economic rights of creators. The analysis finds three main areas of weakness: legal substance, legal structure, and legal culture. The current legal provisions are ineffective in practice, implementation mechanisms are flawed, and societal attitudes towards copyright are driven by pragmatism, leading to frequent violations and unfair royalty distribution. To address these issues, the study recommends a comprehensive modernization of the legal framework, focusing on value and normative modernizations. Key proposals include amendments to the Copyright Law No. 28 of 2014 and Government Regulation No. 56 of 2021 to establish a more equitable and justice-oriented system for copyright protection.
The problem of changing the function of food agricultural land is a crucial and national problem so it needs special handling and protection. Land conversion will have an impact on environmental degradation, decreased rainwater holding capacity, and groundwater and air quality. The Constitution provides a guarantee of a good living environment. Article 28H paragraph (1) of the 1945 Constitution "Everyone has the right to live in physical and spiritual prosperity, to have a place to live, and to have a good and healthy living environment and the right to obtain health services." The aim of this research is to analyze the protection of land conversion for sustainable food agriculture from an Islamic perspective. The research method used is sociological juridical. The data used are primary data and secondary data. Data collection techniques through literature study and interviews collected data were analyzed qualitatively. The research results found that efforts to preserve the environment from an Islamic perspective take several steps, including reviving dead land, reforestation, not polluting water, and avoiding damage and maintaining natural balance. Caliph Umar bin Khatab's policy in the agricultural sector was through management of dead land, giving agricultural land to the community to cultivate and prioritizing public interests, development of agricultural infrastructure, kharaj (tax) policy and agricultural zakat. Protection of the conversion of agricultural land in Indonesia has not been able to realize ecological justice and Islamic values due to competition in land use between the agricultural sector and the non-agricultural sector.
Land banking is a form of land acquisition carried out by systematically acquiring land that has yet to be developed, abandoned land, or vacant land for further development and optimized use to benefit the community. The Government carries out this form of land acquisition to implement public land policies. This research uses doctrinal or normative legal research with a doctrinal approach and statutory regulations related to the Land Bank Concept and Institutions that are in accordance with the development of Indonesian Constitutional Law. Those legal material collected are analysed prescriptively. The result shows that the form of land banking is a special body (sui generis) that manages land with assets separate from state assets so that activities are more flexible, efficient, and effective. The appropriate Land Bank institutional model is in the form of a public service agency. As a separate institution from the ministry, the land bank's governance is based on general principles in the financial accounting system. Land asset management is directed at utilizing land in collaboration with other parties and distributing it to specified parties. Using land bank assets is to obtain income as capital accumulation. Meanwhile, the distribution of land assets is in the context of realizing a just economy through activities in the public interest, social interests, national interests, economic equality, land consolidation, and agrarian reform. Land banks must allocate part of their land assets for land reform.
ORIGINAL RESEARCH ARTICLE | Sept. 30, 2024
Legal Protection for the Suspect's Wife in Handling Money Laundering Cases: Evidence from the Indonesian National Narcotics Agency
Sayuti, Irwansyah, Heru Susetyo
Page no 411-414 |
DOI: https://doi.org/10.36348/sijlcj.2024.v07i09.010
Money laundering is a stand-alone crime, although money laundering is born from its original crime, such as corruption, but the anti-money laundering regime in almost all countries places money laundering as a crime independent of its original crime. In handling narcotics criminal cases, the suspect's wife is sometimes made a suspect in a money laundering crime. Seeing this, clear restrictions are needed in order to achieve legal certainty, legal protection and justice for wives who are determined to be perpetrators of money laundering crimes. This is qualitative research using a statutory approach, case and conceptual approaches. The primary legal materials resulted from relevant laws and legislation. The legal material collected is analysed prescriptively. The results show that there is a difference in treatment of the perpetrator's wife in almost the same narcotics criminal cases, indicating that investigators in money laundering criminal cases do not yet have standard procedures. Hence, the assessment is based on the investigator's subjectivity. As a special crime, the crime of money laundering requires formulating procedural law that is different from ordinary criminal procedural law.