ORIGINAL RESEARCH ARTICLE | Nov. 3, 2020
Reconstruction of Separate-Creditor Positions in the Process Declaring Bancruptcy in Indonesia Based on Justice Value
Supri Yono, Adi Sulistiyono, Anis Mashdurohatun, Ratih Mega Puspa Sari
Page no 334-341 |
10.36348/sijlcj.2020.v03i11.001
The problem discussed in this study involves is that there is yet to be a law protection for Multiple or Separate-Editor in case if company is declared bankrupt and is unable to pay its debts as a whole that could reflect Justice Value. The method of research used in this research is juridical-empirical where the research type is qualitative research with a sociological juridical approach (Socio-Legal Approach). The results of this study indicate that the position of the separate-creditors in the company bankruptcy currently has a priority in obtaining repayment of their accounts. Manpower legal protection in the event of a debtor who has been declared bankrupt before and after the Constitutional Court decision No. 67 / PUU-XI / 2013 are as follows: prior to the Constitutional Court decision it was assumed that labor wages remained under separate-creditors, taxes, auction fees, and curator fees and were deemed not to contradict Article 28D paragraph (1) and paragraph (2) of the Indonesian Constitution Law Year 1945. After the Constitutional Court decision, the position of workers' wages according to the Bankruptcy Law and the Civil Code takes precedence. The reconstruction of the position of the separate-creditor as offered by the author is by reconstructing the decision of the Constitutional Court No. 67 / PUU-XI / 2013 to better reflect the value of justice.
ORIGINAL RESEARCH ARTICLE | Nov. 6, 2020
Reconstruction of Legal Culture in the Recovery of Madura and Malay Ethnic Conflict in Sambas District Based on Justice Value
Karman, Gunarto, Maryanto, Ngadino
Page no 342-348 |
10.36348/sijlcj.2020.v03i11.002
The strong hope of realizing a just, advanced, and prosperous Sambas community is an ideal that has been embedded for a long time, especially after the Madurese and Malay Ethnic Conflict in Sambas Regency in 1999. In an effort to help realize this goal, the writer feels the needs to conduct research on this subject matter with the main problem discussed in this article that are divided in to what factors that cause inter-ethnic conflict in Sambas and to then analyze the new construction of the legal culture of the society that was developed by the Madurese and Sambas Malay ethnicities in order to further increase the conflict recovery based on the value of justice. This study uses a constructivism paradigm with a socio-legal research approach. The results showed that the ethnocentric and exclusive attitude of the Madurese ethnic group made social interactions with the Sambas Malay ethnic destructive, in the form of a social conflict that ended with the expulsion of the Madurese ethnicity from Sambas Regency. This is exacerbated by differences in origins, cultural values as the basis for differences, also due to the ethnocentric and exclusivistic character of the Madurese as a trigger for conflict, and the weak rule of law as a factor that further widens the life gap between the two ethnic groups where in this case, is a new reconstruction of legal culture, that the Madurese ethnic needs to reposition cultural values in the context of adaptation/adjustment, so that they can be accepted back in Sambas Regency, because they are able to adapt socially and adapt, in the form of multiculturalism education for basic education and middle school, Islamic boarding schools, and aculturation in a form of marriages between Madurese and Dayak as the People of Sambas.
REVIEW ARTICLE | Nov. 7, 2020
State Liability for Crime Victims: A Perspective of Public Prosecutor
Mudazzir Munsyir, M. Said Karim, Hamzah Halim, Anshori Ilyas
Page no 349-353 |
10.36348/sijlcj.2020.v03i11.003
Crime prevention are an integral part of efforts to protect society (social defense). In a context of the criminal justice system, the function of criminal law is to provide protection for the rights and interests of individuals, both perpetrators and victims of criminal law. The research is an empirical legal research. The results show that the essence of the claim for compensation for crime victims in national regulations is an effort made by providing a place for crime victims to obtain justice, benefit and legal certainty as an objective of the law. The mechanism for claiming compensation for crime victims has never been prosecuted for compensation by the public prosecutor. Hence, the ideal concept of the provisions in the claim for compensation can be done through regulations in compensation claims both for restitution and compensation in the implementing rules both material and formal criminal law.
REVIEW ARTICLE | Nov. 7, 2020
The Local Content Act, 2010 and Manpower Development Policy in Nigeria: How Far so Far?
Christian C. Obeagu
Page no 354-361 |
10.36348/sijlcj.2020.v03i11.004
This paper examined the Local Content Act, 2010 in the oil and gas industry in Nigeria and its operability and realisation of the aims and objectives. Human capacity-building and development of the local populace by giving opportunity to Nigerians to be effectively involved in the industry as a cardinal objective was so far given reasonable attention, as against the hitherto monopoly of the industry by foreigners. Job opportunities resulted and taken by Nigerians for skilled and unskilled workers; even as many Nigerians received various trainings for skills acquisition. The paper noted gaps to be filled as the level of expertise of Nigerians still fall short of expectation. It recommended measures to improve the realisation of the objectives of the Act such as aggressive investment in research and development to enhance transfer of technology.
ORIGINAL RESEARCH ARTICLE | Nov. 11, 2020
Reconstruction of Criminal Conspiracy in Indonesia's Corruption Crime Law Based on Progressive Law
Aris Suliyono, Gunarto, Sri Endah Wahyuningsih, Ngadino
Page no 362-368 |
10.36348/sijlcj.2020.v03i11.005
The act of conspiracy in the criminal act of corruption in Indonesia is very difficult to prove because the standard definition and elements of criminal conspiracy in cases of corruption are different from the definition of Conspiracy in other crimes. This situation is getting more complicated because the elements and definitions of the standard of conspiracy in corruption cases are not clearly regulated. This encourages the author to conduct a study on the subject matter of what are the weaknesses of the law in the case of criminal conspiracy in the criminal act of corruption to then carry out the reconstruction of the Conspiracy in criminal acts of corruption based on progressive law. The paradigm in this research is constructivism and the type of research used is descriptive-analytical. Based on the research conducted, it is found that the implementation of law enforcement in cases of conspiracy related to corruption in Indonesia is not yet fair, this is due to the unclear elements in the criminal Conspiracy in cases of corruption. The weaknesses that result in this are weaknesses in the form of overlapping rules, law enforcement which only prioritizes proof in the form of real losses and ignores the meetings of mind, the influence of power, and politics. So it is necessary to reconstruct Article 2 by adding the phrase "can" and Article 15 of Law Number 31 of the Year 1999 Jo. Law Number 20 Year 2001 Concerning the Eradication of Corruption Crime.
REVIEW ARTICLE | Nov. 16, 2020
State Responsibility for National and International Flight Safety: An Insight from Indonesia
Irma Halimah Hanafi, Syamsuddin Muhammad Noor, Marcel Hendrapati, Juajir Sumardi
Page no 369-375 |
10.36348/sijlcj.2020.v03i11.006
The rapid development of aviation in Indonesia is reflected in the increasing growth in the number of air transport passengers in Indonesia. However, various problem of aviation in Indonesia threaten the safety of aviation. The research is a normative legal research using statute, case, and conceptual approaches. The results show that the essence of the State responsibility in the flights in Indonesia is absolutely the State responsible for these activities it can be seen in the provisions of international and national law provisions. In the capacity of the State as a provider, the State that must provide all facilities related to aviation safety protection in Indonesia. As a provider, the State is responsible for all obligations to provide protection for all flight activities in order to achieve the desired aviation safety standard (zero-accident). The State’ responsibility for aviation accidents by auditing and supervision related to aviation activities, because aviation is an activity that is very high-tech and has strict rules and flight standards.
REVIEW ARTICLE | Nov. 16, 2020
State Sovereignty Claims for the Dealing with Sea Boundary Disputes
Popi Tuhulele, Marcel Hendrapati, Syamsuddin Muhammad Noor, Muhammad Ashri
Page no 376-383 |
10.36348/sijlcj.2020.v03i11.007
Global developments and trends are one of the factors that greatly influence the dynamics of regional security. The issue of regional security is still covered by potential conflicts, such as territorial sovereignty claims, transnational security threats, interstate conflicts based on territorial claims and maritime security. The research is a normative-juridical research, using a statute, conceptual and case approaches. The results show that the unilateral claim of Indonesia for delimiting sea boundaries with neighboring countries is an act that has legal legality, because it is done based on the provisions of the convention. The construction of dispute resolution over overlapping claims on the borders of Indonesia’ maritime territory with neighboring countries, it can be concluded that the determination of delimitation of sea territory between archipelagic countries such as Indonesia and coastal States must provide a just solution for countries. In determining the delimitation of sea boundaries between archipelagic countries such as Indonesia and neighboring countries, it must be based on the fairness principle by considering political, legal and technical aspects to achieve an equitable solution while still considers special or relevant circumstances.
ORIGINAL RESEARCH ARTICLE | Nov. 19, 2020
Inhibiting Factors of Confiscation of Assets Proceeds of Corruption by the Prosecutor's Office: Studies in Indonesia
Syahiruddin Latif
Page no 384-388 |
10.36348/sijlcj.2020.v03i11.008
This paper aims to analyze the factors that hamper law enforcement of confiscation of assets resulting from criminal acts of corruption as an effort to recover state losses by the Prosecutor's Office. The type of research used is normative legal research with a statutory approach, the data used are secondary data collected through literature search and document study. The collected data were then analyzed qualitatively and then described. The results of this study indicate that in practice there are several obstacles in enforcing the law of confiscation of assets resulting from criminal acts of corruption as an effort to recover state losses by the Attorney, these obstacles are strongly influenced by legal factors, law enforcement factors, supporting facilities. community factors, and cultural factors.
ORIGINAL RESEARCH ARTICLE | Nov. 19, 2020
Implementation of Fisheries Resources Protection from Illegal Unreported and Unregulated Fishing Practices
Mansur Armin Bin Ali, Rosdian, Rahmayani Amrullah
Page no 389-392 |
10.36348/sijlcj.2020.v03i11.009
Illegal fishing practices, unreported and unregulated fishing (IUU fishing) have a negative impact on the economy, ecology, state sovereignty and social problems for Indonesia. According to FAO data, the economic loss suffered by Indonesia due to IUU fishing is around Rp. 30 trillion per year. This study aims to find forms of fishery resource protection that have been carried out by the central and local governments, and to find forms of law enforcement to eradicate IUU fishing that have been carried out by law enforcement officials. This research is a socio-juridical research, using a statutory approach and a conceptual approach, the data used are primary data and secondary data, all data collected were analyzed qualitatively. The results showed that the concept of protecting fishery resources from the ideal IUU fishing practice in Indonesia is to empower coastal communities by considering ecological, socio-economic and socio-cultural aspects, while community welfare is carried out by reducing imbalances in the management of fishing fleets, availability of fishing port infrastructure, chain fishery food management, research development and utilization, fishing community participation, and central and regional arrangements.
ORIGINAL RESEARCH ARTICLE | Nov. 19, 2020
Raising Legal Awareness for Out-of-School Children in Kampung Paropo through Non-Formal Legal Education
Eka Merdekawati Djafar, Kevin Tappangan, Andi Nurul Azizah, Syawirah M, Riska Apriana, Ayu Lestari Indah
Page no 393-397 |
10.36348/sijlcj.2020.v03i11.010
With regard to the right to an education for each citizen as regulated in the article 31 section (1) of the 1945 Constitution of the Republic of Indonesia, it is the state responsibility to provide educational access for the citizen. Education is the accurate facility for improving the quality of human resources and promoting appropriate and critical mindset in addressing the issues within the local, national and transnational life. 20% of National Budgetary Plan is allocated to educational sector. However, this effort is still unable to solve the Indonesian educational issues. This study employed a qualitative method. The data were collected through in-depth structured interview, legal education program and documentation. The collected data were analyzed with descriptive qualitative analysis. The results showed that there were several influencing factors promoting the large number of out-of-school children in Kampung Paropo, Makassar including low financial capacity and lack of parental care which consequently, contributed to the increasing criminality such as violent robbery, thievery, and drug abuse among the out-of-school children. Therefore, it is necessary to provide accurate effort in anticipating the increasing criminality among the out-of-school children and in encouraging their legal awareness. Non-formal legal education was to be an accurate strategy in raising legal awareness and in instilling moral values among the out-of-school children in Kampung Paropo, Makassar.
ORIGINAL RESEARCH ARTICLE | Nov. 19, 2020
Rethinking Approach to Environmental Protection in View of Ancient Indian Wisdom
K. Ratnabali
Page no 398-404 |
10.36348/sijlcj.2020.v03i11.011
Perceptible improvement in the quality of air and water during COVID-19 lockdown has taught humanity several lessons and brought realization which might otherwise have been missed or taken several experiments to come to it. This study is aimed at understanding whether our approach towards holistic environmental protection needs rethinking by appropriate positioning of man as a species in the context of the biosphere and commensurate responsibility he has towards it. The technique used for the study is doctrinal research which shall take into account available primary resources, such as report as well as secondary resources, such as articles and books. The study focuses on the ancient wisdom available in the Hindu philosophies and literature in order to understand the relation between man, other living organisms, plants as well as the abiotic components of the earth. The study has shown that humans, by being at the top of the evolutionary ladder, has seeming dominance over the environ, and accordingly has formulated norms which are anthropocentric. However, new approaches to environmental protection and conservation are required to be adopted which recognize the interconnectedness, interrelatedness and interdependency of the biotic and abiotic components of this earth.
ORIGINAL RESEARCH ARTICLE | Nov. 19, 2020
The Strengthening of Role for the Traditional Institution through Preserving the Law Knowledge on the Sustainable Life in Moronene Hukaea Laea Traditional Society
Heryanti, Herman, Guswan Hakim
Page no 405-412 |
10.36348/sijlcj.2020.v03i11.012
The research objective is to determine the form of strengthening the role for a customary institution through the preservation of legal knowledge on maintaining the survival of the Moronene Hukaea Laea Indigenous People and to determine the effect of strengthening for the role of a customary institution on the preservation of legal knowledge on maintaining the survival of the Moronene Hukaea Laea Indigenous People. This research uses descriptive qualitative with empirical normative approach. The result of the research is a form of strengthening the role of traditional institution through preservation of knowledge on maintaining the survival of the Customary Law’s Community Moronene Hukaea Laea, which is to routinely carry out tradition or traditional ceremony that has been passed down from old generation to young generation, including ceremonies for releasing the harvest and welcoming the planting year (mewusosoi), a ceremony to request permission from supernatural beings who guard the forest (ntiwonua) before land clearing (mo'ooli) and village purification ceremonies (montewehi) as well as supervision of customary institution for customary violation which it can be sanctioned by the customary institution according to customary rule. The influence of customary institution on the preservation of legal knowledge for maintaining the survival of the Customary Law’s Community of Moronene Hukaea Laea, includes influence internally and externally. The influence of strengthening the role of customary institution internally, can improve the welfare of indigenous people. It can protect the existence of indigenous people.
REVIEW ARTICLE | Nov. 30, 2020
Boko Haram Terrorism in Nigeria: Issues and Realities
OYINLOYE Olaoluwa Babatunde A., Rotimi Opeyeoluwa
Page no 413-422 |
10.36348/sijlcj.2020.v03i11.013
The continuing haemorrhagic nature of Boko Haram calls for an exhaustive discourse on the veracity or otherwise claim of President Buhari’s government of “technically defeating” the terrorist group as quickly as possible once elected. This paper examines the evolving and sustained onslaught of Boko Haram terrorism in Nigeria against the backdrop of government insistence that the sect has been substantially degraded; the index to the contrary is worrying and alarming for the citizens to bear. This has thrown up a ferocious debate about the claim and counterclaim across the political divide and even the country in recent times. However, regardless of what opinion one holds, the sheer scale of brutality of the sect after government’s continuous claim that it has been degraded in the face of sustained military offensive, both by ground forces and air interdiction operations imply that the sect is resilient and yet to be degraded. This paper, therefore, attempts to provide explanatory narratives on the prevalent realities and also opines that even though the counter-insurgency operation presaged the emergence of President Muhammadu Buhari; and having inherited the “war” more needs to be done in the immediate years of his presidency. That the Boko Haram sect continues to run rampage is simply unacceptable in the face of his campaign promise to defeat the sect within the shortest possible time of his ascendancy to the highest office in the land. The paper concludes that terrorism currently assailing the Nigerian state requires a critical examination with appropriate solutions rather than government’s tepid claims that continues to be challenged by a sect that has evidently grown more audacious in the intervening years since it first evolved in 2009.
REVIEW ARTICLE | Nov. 30, 2020
Collusion-Conflict Abuses and Meng Wanzhou's Extradition Case
Sean D. Yates
Page no 423-428 |
10.36348/sijlcj.2020.v03i11.014
This article discusses legal pluralism and how conflicts are managed when multiple systems operate on given events. It sheds light on the case of Meng Wanzhou, Huawei's CFO, in Vancouver, Canada, who is currently facing extradition proceedings to the United States. The case sheds light on issues that can arise where legal systems overlap, in this case, those of the Royal Canadian Mounted Police (RCMP) and the Canadian Border Services Agency (CBSA), which have distinct mandates and operate under a separate legislative authority. It tackles how they are jointly involved in Ms Meng's detention, interrogation and ultimate arrest and the need for an independent oversight of the CBSA which remains the only policing service within Canada that does not have some form of independent oversight body.