Jurnal Tahun 2019

Volume 8, No 2

Abstract.

Legal service and business competition have changed in the last decade because of technology changes. Artificial Intelligence technology in the form of robots, chat bots, and digital assistants will influence the practice of law in industrial revolution 4.0 era. By 2025, based on The Learning Generation report, released by the United Nation Commissions on Financing Global Opportunity, said that half of the world’s jobs are at high risk to get the impact of automation in the coming decades. Legal profession such as lawyer will feel this impact, with the emergence of robot lawyers. The method used in this paper is a juridical normative method with statute approach and conceptual approach, and descriptive analysis. The results will be obtained from this study; firstly, correlation between advocate profession and automation. Secondly, law field which will get impact from automation. Thirdly, what the lawyer should prepare to face the condition of radical technology changing in Industry 4.0, because in this Era, we must innovate more rather just imitate past glory.

Baca Jurnal Selengkapnya

Abstract.

The phenomenon of radicalism based on terrorism in Indonesia shows a frightening symptom. This can be seen from a number of events that took place in several cities in Indonesia which took action in the name of acts of terror or terrorism such as the 2nd Bali Bombing which killed 22 people and 102 injured. The JW Marriot and Ritz Calton Hotel bombings in 2009 killed nine people and 50 people were injured and the Sarinah Plaza Bomb Jl. MH Thamrin Jakarta on January 14, 2016. With the many actions in the name of terrorism, it is necessary to take steps to anticipate similar actions not being repeated back. This study wants to examine and analyze further about efforts to counter terrorism-based radicalism in Indonesia through criminal law policy. The research method used is normative legal research, namely legal research conducted by examining library materials or secondary legal material while the problem approach is carried out using a legal approach and conceptual approach. The policy in counteracting terrorism in Indonesia is carried out through criminal law policies, namely criminal law policies through means of reasoning and non-reasoning. Penal means in the form of granting criminal sanctions for perpetrators of terrorism with the threat of imprisonment to the most severe threat in the form of capital punishment. But this effort has not provided a deterrent effect for the perpetrators. In criminal law, punishment is not an end in itself and is not the only way to achieve criminal objectives or objectives of the criminal justice system. Therefore another effort is needed which in criminal law is known as a non-reasoning effort.

Baca Jurnal Selengkapnya

Abstract.

The interpretation of judges in responding to the dynamics of renewal of Balinese inheritance customary law is very dynamic accompanied by the development of justice, especially towards the dimensions of kapurusa as heirs. Originally, kapurusa was only a descendant of men from a male family and adopted sons, and then it expanded to include male status, and eventually included women as heirs. Judges interpreted based on the development of modern law, progressive law, just law with a philosophical and juridical basis starting with the Decision of the MUDP Bali Supreme Court Number 01/KEP/PSM-3/MDP Bali/X/2010 concerning Supreme Court III MUDP Results Bali.

Baca Jurnal Selengkapnya

Abstract.

Since the birth of the Constitutional Court Decision Number 46/PUU-VIII/2010, the legal experts have discussed the positions of marriage children through articles, papers, books and seminars, pros and cons when interpreting the non-marital child, judges also gave birth to many interpretations. The Supreme Court (MA) has two views in adjudicating the marriage case, Supreme Court Decision Number 329 K/AG/2014 states that the ratification of an unmarried child is not a jurisdiction of the Religious Courts, whereas in Decision of Supreme Court Number 597 K/AG/2015 states that the non-marital children are legitimate even though the marriage of their parents only carries out marriage under Islamic law. The formulation of the problem is how the criteria of marital legitimacy in Indonesia? How is the outsider interpretation of the two Supreme Court decisions? The research method used is literature study, with the type of normative legal research, which is descriptive analytical. The conclusion is that in Supreme Court Decision Number 329 K/AG/2014 considered the marriage to be legitimately religious, but because it is not recorded so that the marriage does not get the certainty and protection of the law, consequently the child born from the marriage is not a legal child, whereas in Decision Number 597 K/AG/2015 The Supreme Court considers that although the marriage is not recorded, the child born from the marriage must still have legal certainty and protection so that the child is considered a legal child.

Baca Jurnal Selengkapnya

Abstract.

This paper aims to learn how the Qanun of Aceh, particularly Qanun No. 4 on Mukim and Qanun No. 5 on Gampong Government enforce Gampong as a government body. It further compares the hierarchical relationship between the qanun and the higher regulations in Indonesia such as Village Government Act No. 32 of 2004, Privileges of Aceh Act No. 44 of 1999, Special Autonomy No. 18 of 2001 and Aceh Government Act No. 11 of 2006. The study found that the Qanun integrates Acehnese identity coupled with the Islamic values into the Gampong institution. The Qanun on Gampong Government, in fact, does not negate any higher regulations in the Indonesian constitution. The principle of decentralization implemented post-Orde Baru requires a massive change in the government system in Indonesia from the centralized system of local state government, to local self-government and finally the decentralized system of the local community. The Qanun on Gampong government is in line with the local community spirit due to greater public participation channeled through Reusam Gampong. Reusam Gampong is the public aspiration, and its application shall not conflict with the higher regulation. In its cultural manifest, Resuam Gampong is an instrument that promotes the marriage between culture and religion into a single government body.

Baca Jurnal Selengkapnya

Abstract.

This research is to explore criminal mediation based on local wisdom in dealing with carok violent conflicts in Madurese society. There are two important problems in this study, which is the reason why the criminal justice system is less than optimal in dealing with carok in Madurese society and how criminal mediation can be a model in dealing with conflict based on local wisdom. The research method used in this study is the doctrinal and non-doctrinal methods. By using Freidman’s theory and Sociological Jurisprudence related to comparative law, it was found that the criminal justice system is not fully optimal in dealing with carok violent conflicts in Madurese society because of differences in interpreting the concept of justice in the perspective of local communities, the dominance of legalistic perspectives on law enforcement officers and the strong practicality of maintaining self-esteem and religion. The criminal mediation model used by law enforcement officers on Madurese people is based on local wisdom which is a model of family criminal mediation (victim-perpetrators, families, reparations) that is connected to the criminal court system ranging from investigations, closing speeches, examination of cases involving parties warring parties, with mediators, scholars, and law enforcement officials, and the results are written as an act of peace that can be used by the perpetrators to change the sentence. The study recommends that it is very important for law enforcement officials and social leaders, religious scholars and district governments to act as neutral mediators by empowering customary peace institutions that are connected to the criminal justice system.

Baca Jurnal Selengkapnya

Abstract.

Legal disputes between entrepreneurs and consumers are currently caused by several things, one of which is the inclusion of an exoneration clause. The inclusion of the clause has clearly contradicted Law Number 9 of 1999 concerning Consumer Protection and has detrimental to the rights held by the Consumer. In addition, in terms of the Agreement Law, the entreprenurs that includes the exoneration clause clearly does not heed the principle of good intentions by utilizing the weak position of the consumer. The violation of the rights held by consumers, consumers can claim compensation and sue the entrepreneurs through various legal remedies. given by law. In this study also will discuss the legal consequences and legal efforts that can be submitted by the Consumer for the application of the Exoneration Clause in an agreement. The research method that will be used in this research is normative juridical, namely the approach using various data sources such as articles of legislation, various legal theories, and scientific works of scholars. The data used in this study comes from secondary data and tertiary data collected in accordance with the object written. After that, all legal materials that have been collected are inventoried and identified according to the problems that have been formulated. The conclusion of this study is to provide a legal understanding to consumers who are disadvantaged by the inclusion of an exoneration clause and provide advice in the form of legal remedies that can be taken.

Baca Jurnal Selengkapnya

Abstract.

This paper aims to reassess the term “elected democratically” in Article 18 (4) of Indonesia’s revised 1945 Constitution which resulted in the competing interpretation over the appropriate method for selecting heads of regional governments in Indonesia. In fact, the flexibility of such a term was challenged and negotiated to formulate an appropriate mechanism to select heads of regional governments. In 2004, the Constitutional Court concluded that the legislative body was the ultimate institution to interpret “elected democratically” so that this institution can opt whether a regional head election or an indirect election to define such a term. While the regional head election was applied, including its dispute settlements over electoral results to the Constitutional Court, this Court considered a different argument. In 2013, the Constitutional Court reinterpreted such an article by highlighting that the regional head election should be exempted from the general election subjected to Article 22E (2) of 1945 Constitution. In 2014, President Yudhoyono’s rejection from his agreement after the enactment of the Selection of Heads of Regional Governments Bill put further juridical contentions in which the President finally revoked the adoption of the regional head voting by the Regional People’s Representative Council or Dewan Perwakilan Rakyat Daerah (DPRD). As a consequence, the regional head election has been re-adopted and this regional election has remained to be expected to improve the performance of local democracy. The introduction of this direct election model at the regional level, however, questions the important role of political parties because the adoption of this election was substantially to answer public distrust against them. In particular, the debate whether political parties work becomes intense after non-party candidates are allowed to contest to this election.

Baca Jurnal Selengkapnya