Arena Hukum

PEMAKAIAN HUKUM ASING DALAM HUKUM PERDATA INTERNASIONAL: KEWAJIBAN DAN PELAKSANAANNYA DI PENGADILAN INDONESIA

Afifah Kusumadara — 2022-12-27

This article is reviews the application of foreign law by Indonesian courts as governed by the Indonesian Private International Law (PIL). The review is based on Acts and regulations related to PIL, case-laws, and text-books on PIL. The result demonstrates that Indonesian judges often do not implement the principle of iura novit curia in the application of foreign law; ignore foreign elements in their cases; and keep applying Indonesian law even though the rules of Indonesian PIL lead to the foreign law. Therefore, the Bill of Indonesian PIL shall be passed and enacted soon so that there are no more excuses by Indonesian courts not to apply foreign law. Indonesian courts including the Supreme Court, should have a special unit within their system that can provide judges with information on and translation of foreign law. In addition, it is necessary to establish international cooperation regarding exchange of information on foreign law between Indonesia’s Supreme Court and other countries’ Supreme Courts.

IMPLEMENTASI PERATURAN MAHKAMAH AGUNG TENTANG E-COURT UNTUK MEWUJUDKAN ASAS SEDERHANA, CEPAT DAN BIAYA RINGAN DI PENGADILAN AGAMA PAMEKASAN

Erie Hariyanto — 2022-12-27

This article analyzes the implementation of the Indonesian Supreme Court Regulation Number 1 of 2019 concerning E-Court in order to realize the simple, fast and lowcost principles at the Pamekasan Religious Court. This research uses qualitative descriptive analysis method combined with socio-legal approach. The results of the study found that the principle of simple, fast and low cost in the settlement of family law cases included: (a) Facilitating the registration process and down payment due to online (e-Filling) and (e-payment) based so that registration and payments are made without queuing (b) case files are properly archived and accessible from anywhere and anytime (c) summons and hearings that can be carried out relatively quickly do not need to wait a week and on the basis of the agreement of the attorney. Factors supporting the implementation of E-Court save time and costs in the case registration process and subsequent processes, the trial delay period can be faster than the manual one so as to allow the settlement of family law cases according to fast judicial principles, documents are archived properly and can be accessed without limited space and time.

JURIDICAL OVERVIEW OF USE OF BRANDS DERIVED FROM WELL-KNOWN FICTIONAL CHARACTERS (STUDY IN TANJUNGPINANG CITY)

Marnia Rani — 2022-12-27

This paper discusses the regulation regarding the use of brands originating from fictional characters, both from famous comics and animation, which are registered or unregistered for use by other parties. This normative legal approach examines laws and regulations, legal doctrines, and legal documents relating to brands originating from fictional characters. The results show that the unauthorized use of Marks derived from a wll-known animation characters by other parties can be sued under Law Number 20 of 2016 concerning Marks and Geographical Indications, because they can mislead the public regarding the origin, quality, type, size, variety, the purpose of using goods and/or services. Meanwhile, since Article 83 does not stipulate that the unauthorized use of a mark by another party must be registered, the owner of a registered mark may file a lawsuit against the use of a mark originating from a well-known fictional character against another party even though the other party does not register it.

PEMUTUSAN PERJANJIAN SEPIHAK KONTRAK PENGADAAN BARANG/JASA PEMERINTAH PASCA YURISPRUNDENSI NOMOR 4/YUR/PDT/2018

Shanti Riskawati — 2022-12-27

This paper examines the legal certainty in contracts for the procurement of goods/services in the field of construction and legal protection for the parties. This normative juridical research uses qualitative juridical approach. The results show that procurement contract of goods and services in the construction sector have different characteristics from commercial contracts in general. Because the legal action in this contract is no longer purely a private legal action but is colored by public legal aspects in it. Presidential Regulation 16 of 2018, which also explicitly regulates the termination of unilateral agreements by Commitment Signing Officials. The contract sanctions include fines and termination of the contract. If the Provider is deemed unable to complete the work stipulated in the contract as stipulated in Article 56 of Presidential Regulation 16 of 2018, the Contract Signing Officer may impose sanctions in the form of unilateral termination of the Contract as stipulated in Regulation of the Head of LKPP Institutions Number 12 of 2021.

POLITIK KRIMINAL PENANGGULANGAN TINDAK PIDANA KEKERASAN PSIKIS TERHADAP ANAK DALAM RUMAH TANGGA

Aji Lukman Ibrahim — 2022-12-27

This study aims to find the prime causes of psychological violence against children in the household and to formulate policies to overcome psychological violence against children in the household. This normative research uses a statute approach and a conceptual approach. The results of the study indicate that there are several prime causes of psychological violence in the household, such as the perpetrator’s lack of knowledge about the forms of domestic violence, the closure of children as victims, less harmonious relationships among family members, wrong way of parenting, psychological factors of the perpetrator, economic factors and the Covid-19 Pandemic. Overcoming psychological violence against children in the household can be done with a single-track system (penal) in the form of conditional sentence which is applied as shock therapy in order to prevent the perpetrator from repeating his actions. The double track system is in the form of action against the perpetrator, namely consultation with a psychologist. Meanwhile, non-penal efforts are in the form of pre-marital debriefing to the bride and groom about the forms of domestic violence, children’s rights and good parenting.

PEMENUHAN HAK ANAK YANG DIRAMPAS KEBEBASANNYA: DISKURSUS STANDAR MINIMUM LEMBAGA PEMBINAAN KHUSUS ANAK (LPKA) DI INDONESIA

Kadek Wiwik Indrayanti — 2022-12-27

Although Indonesia has ratified the United Nations Convention on the Rights of the Child since 5 September 1990, its implementation still contains many weaknesses. This study aims to formulate minimum guideline standards for LPKA management in Indonesia that is able to protect children’s rights in accordance with the mandate of the legislations. This socio-legal research uses statutory, conceptual, and case approaches, taking samples from LPKA Blitar and LPKA Karangasem. The results indicate that there is no minimum guideline standards in LPKA for fulfilling children’s rights. The standards are adjusted to the capabilities of each LPKA based on the availability of human resources, funding, and minimal facilities. Therefore, the auhtor formulates minimum standards for LPKA management, starting from admission, registration and placement; physical environment; education, until return to community.

STATUS DARURAT KESEHATAN AKIBAT PANDEMI COVID-19 DALAM PERSPEKTIF HUKUM TATA NEGARA DARURAT DI INDONESIA

Fikri Hadi — 2022-12-27

The COVID-19 pandemic which hit Indonesia has caused problems about the national emergency status that was announced on March, 31st 2020. Several local governments has requested to grant permission for doing own lockdown. The President also opened the option to declare the civil emergency for the worst-case scenario. This research analyzes the health emergency in the Indonesian legal system and the concept of lockdown and civil emergency that caused by such outbreak. This research is a doctrinal research using conceptual, legal and statutes approach. The result shows that the health emergency has been regulated on Law number 6 of 2018 on Health Quarantine. However, due to the vacuum of norm of its technical regulations in early pandemic, policies in order to handle COVID-19 was based on BNPB degree. The lockdown concept in Indonesian Law also had two means according to Health Quarantine Law namely Regional Quarantine and Large-scale Social Restrictions. Both are the authority of central government. Besides, it is concluded that The Civil Emergency is not appropriate if it is based on a disease outbreak such as COVID-19.

PRAKTIK DEMOKRASI MODERN DALAM PEMERINTAHAN NAGARI DI MINANGKABAU

Fitra Arsil — 2022-12-27

The adat governance of Minangkabau has adopted the democratic principles long before the 1945 Constitution of the Republic of Indonesia has such principles. This was due to the character of Minangkabau society and its culture which are inherited from their ancestors in Minangkabau society. This paper examines how forms of democratic practice in Minangkabau are related to democratic theory and the division of power. This normative legal research is supported by conducting interviews with some prominent adat figures in the Minangkabau society. In conclusion, it shows that the democratic principles in Nagari can exist until now because of the influence of adat figures. The adat figures preserve and combine such principles with religious norms as their indigenous values to be the main reference to run the Nagari.

PERTANGGUNGJAWABAN NATO TERHADAP PELANGGARAN KEWAJIBAN INTERNASIONAL MENURUT HUKUM INTERNASIONAL

Zainal Abdul Aziz Hadju — 2022-12-27

The accountability of subjects of international law has undergone rapid development, in particular to the accountability of international organizations. This study intends to analyse the legality of NATO’s humanitarian interventions in Libya and also analyse NATO’s accountability for violations of international law. The research method used is normative research with a statutory approach, a case approach, and a comparative approach. The results showed that violations committed by NATO member states can be attributed to NATO as an international organization. NATO has committed violations of international obligations under articles 3, 4 and 61 of the DARIO. NATO accountability as stipulated in articles 30-31 and 41-42 of the DARIO can be carried out by ceasing to commit violations and avoiding such acts in the future, as well as giving compensation for damages caused.

REFORMASI BIROKRASI PERIZINAN BERUSAHA MELALUI ONLINE SINGLE SUBMISSION (OSS)

Pujiono Pujiono — 2022-12-27

This paper aims to analyze the implementation of the Online Single Submission (OSS) with its advantages and disadvantages, as well as the obstacles in operating it. This study uses the socio legal method, where the legal aspect is related to the implementing OSS as a form of licensing transformation in the investment sector reduces investment processes and procedures in Indonesia, which have been considered convoluted, high-cost and do not guarantee legal certainty or the many institutions that have the authority to issue permits. Whereas the social aspect analyzes the advantages of the OSS system in displaying real time data from time to time related to business actor data, investor data that can be used as a basis for making a decision. The results shows that the constraints in the implementation of OSS are unstable internet networks in some parts of Indonesia and not all available human resources who operate the OSS system in the regions, which results in various policies made by local governments that contradict the OSS system.