ORIGINAL RESEARCH ARTICLE | July 4, 2025
Supervision of Regional Legal Products: Strengthening Executive Review in the Decentralization System
Erman Syarif, Budiyono, Marindo Kurniawan, HS Tisnanta
Page no 154-159 |
https://doi.org/10.36348/sijlcj.2025.v08i07.001
Executive Review in the formation of regional legal products as strategic supervision to realize good regional regulations. This study aims to analyze and examine the process of supervision of regional legal products using the ROCCIPI method. This study found that the ROCCIPI method is very effective in the formation and supervision of regional legal products, both from the regulatory and implementation aspects. The problem that will be discussed in this study is how the supervision of regional legal products is based on the ROCCIPI method. The method used is normative legal research using the statute approach and theoretical approach related to the supervision of regional legal products based on the ROCCIPI method which will be analyzed qualitatively descriptively.
REVIEW ARTICLE | July 26, 2025
Protecting Genetic Resources and Traditional Knowledge in Indigenous Communities and Government through Inclusive Moral Rights
Dian Nurfitri, Simona Bustani, Sri Bakti Yunari
Page no 160-167 |
https://doi.org/10.36348/sijlcj.2025.v08i07.002
The growing threat of biopiracy highlights the urgent need to protect Indonesia's genetic resources and traditional knowledge, particularly those belonging to indigenous communities. Indonesia's rich biodiversity and cultural heritage have long been targeted for exploitation without fair benefit-sharing or acknowledgment. This paper briefly explores the legal foundation for the protection of genetic resources and traditional knowledge at both international and national levels, including the Convention on Biological Diversity, the Nagoya Protocol, and Indonesian laws such as the Patent Law and Government Regulation No. 56/2022. Employing a doctrinal legal research method, the study examines relevant legal instruments and national policy documents, supported by secondary data and qualitative analysis. The findings reveal that despite progressive legal frameworks recognizing communal intellectual property and inclusive moral rights, implementation remains limited due to fragmented databases, lack of coordination among institutions, and absence of mechanisms for prior informed consent and benefit-sharing. Inclusive moral rights—which combine collective moral claims with intellectual property protections—are proposed as a normative foundation to empower local communities and the state in asserting sovereignty over their resources. The paper argues that such rights must be operationalized through an integrated database system, enforceable contracts, and regulatory bodies that facilitate equitable access and benefit-sharing. The novelty of this research lies in its conceptualization of inclusive moral rights as a transformative legal tool to bridge communal ownership and intellectual property regimes, ensuring that traditional knowledge and genetic resources are legally protected, ethically respected, and sustainably managed within a national and global framework.
Ship collision cases, typically treated as civil disputes under the tort of negligence, pose significant legal challenges, particularly in jurisdictions like Cameroon where multiple legal systems coexist. When ships collide at sea, the resulting damage often gives rise to disputes between parties involve in the accident. Where amicable settlements fail, claimants must resort to litigation, arbitration, or other forms of alternative dispute resolution (ADR). This article critically examines the adjudication of ship collision disputes in Cameroon, highlighting the procedural complexities caused by the coexistence of the Common Law in Anglophone regions and the Civil Law in Francophone areas. These dual systems lead to divergent procedures and evidentiary requirements, complicating case management and enforcement. Also, enforcing judgments in maritime cases is particularly challenging due to practical measures such as ship arrests and injunctions, which are further hampered by bureaucratic bottlenecks and executive interference. The article argues that these systemic hurdles undermine the principle of separation of powers and delay the effective resolution of maritime disputes. To address these challenges, the article recommends harmonising civil procedures in a single Text, and streamlining the administrative processes required for enforcement measures like ship arrests. Strengthening the independence of the judiciary from executive influence is also essential to ensure fair, efficient, and predictable outcomes in ship collision litigation in Cameroon.
ORIGINAL RESEARCH ARTICLE | July 31, 2025
Implementation of Termination of Prosecution Based on Restorative Justice as an Effort to Strengthen the Role of the Prosecutor's Office in Indonesia
Ilhamd Wahyudi, Nikmah Rosidah, Elwi Danil
Page no 188-197 |
https://doi.org/10.36348/sijlcj.2025.v08i07.004
This study aims to analyze the implementation of restorative justice-based prosecution terminations as an effort to strengthen the role of the Prosecutor's Office in Indonesia. To date, the Prosecutor's Office has been more dominant in carrying out conventional prosecution functions oriented towards retaliation. However, with the growing paradigm of restorative justice, an approach focused on restoring relationships, compensation, and reconciliation between perpetrators, victims, and the community has become relevant. This study uses normative legal research methods with a statutory and conceptual approach. The results show that restorative justice-based prosecution terminations, as stipulated in various Prosecutor's Office regulations, offer significant potential to reduce case backlogs, provide substantive justice for victims, and encourage more constructive accountability of perpetrators. The Prosecutor's Office's role in this process is no longer merely to prosecute, but also to facilitate dialogue, mediation, and ensure the achievement of restorative agreements. Effective implementation of this policy is expected to strengthen the Prosecutor's Office's image as a humanistic law enforcement agency responsive to the needs of the community, while supporting the creation of a more just and dignified criminal justice system in Indonesia.