Jurnal Tahun 2020

Volume 9, No 2

Abstract.

The conflicts between Turkey and Greece have been going on for a long time. Several conflicts caused tension between Turkey and Greece, such as the territory of Aegean, Cyprus, and other problems. The tension increased because the bilateral agreement between Turkey and Libya on the maritime boundaries of the Eastern Mediterranean, which signed in 2019, was opposed by Greece because the Agreement did not take into account the existence of the island which owned by Greece. The Agreement between Turkey and Libya made Greece furious because Greece considered that the action violated Greece’s sovereignty. The research aims to find out further about the validity of the agreement between Turkey and Libya on the maritime boundaries, which threatened Greece’s sovereignty. By using normative legal research, the research emphasizes the bilateral agreement between Turkey and Libya is invalid since it against the international law principles, namely sovereignty of states, good faith, good neighborhood, and Treaty of Amity and Cooperation. The paper will contribute to giving a theoretical understanding regarding aspects that need to be considered, outside the procedural aspects, when a state wants to make an agreement with another state, according to international law.

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Abstract.

Tapping in a human rights perspective is a form of limitation of the right to privacy. As an effort to guarantee human rights protection, tapping as a part of The Interception of Communication Bill arrangements must be following the principles of human rights restrictions. Some of the anomalies in The Interception of Communication Bill appear in vague forms and open up the broad ways of potential violations of individual rights. For this reason, the principles of legality and prudence as a form of control over government actions need to offset the urgency of tapping. Data collection methods use discussions and interviews to enrich and test secondary data findings. This research stipulates that The Interception of Communication Bill use tapping as an induced instrument in criminal law enforcement. At the same time, tapping is regulated regardless of the readiness of the legal apparatus; this naturally raises technical problems in the matter of implementation and opens the door to abuse of authority. Furthermore, based on the need for comprehensive regulation, it is necessary to look at a comprehensive regulatory scheme in the legal system. The functional control that is in line with the tapping mechanism needs to look at the character of the Indonesian criminal justice system.

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Abstract.

The Asset Recovery Center (PPA) as the Republic of Indonesia General Attorney’s unit is responsible for ensuring that asset recovery in Indonesia is conducted with an integrated system that is effective, efficient, transparent and accountable, by tracing, securing, maintaining, seizing, and returning assets of criminal acts of corruption handled by the Prosecutor’s Office. However, the number of asset recovery resulting from corruption by the PPA remains small, and the current implementation is only done after a court decision, even though asset tracking should be done before the verdict. In addition, the urgency of its existence remains questionable given its scope is almost equal to the Labuksi KPK and Rupbasan at the Ministry of Law and Human Rights, which indirectly creates a tug of war between the law enforcement units. Therefore, using a normative juridical approach and data obtained directly through library research and interview mechanisms, this paper found the importance of establishing a PPA for the Prosecutor’s Office related to its duties and functios, as described in the Law and other regulations in the recovery of assets resulting from corruption, which does have a different position from the Labuksi KPK and Rupbasan. This paper also discusses the steps that must be taken by the Prosecutor’s PPA to optimize the work of the Prosecutor’s PPA so that assets resulting from corruption can be recovered quickly, effectively and transparently.

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Abstract.

The judiciary under the supreme court consists of general courts, religious courts, military courts, and state administrative courts. In each procedural law court, the provisions concerning evidence are regulated. Evidence is the stage where the parties try to convince the panel of judges about the truth of the arguments put forward in a dispute based on valid evidence. Evidence has an important role because the results of evidence can be the basis for consideration by the panel of judges in making a decision. Evidence in the procedural law of the state administrative court is not only carried out in the Indonesian state administrative court but also in the South Korean Administrative Court. The historical development and organizational structure of the South Korean Administrative Court are the basis for analyzing the Evidence in the South Korean Administrative Court. Lessons from the South Korean Administrative Court can see the similarities and differences in the concept of evidence and type of evidence used in the South Korean Administrative Court with the Indonesian State Administrative Court. The approach used in this study is the statutory approach, comparative approach, and conceptual approach.

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Abstract.

Constitutional Court Ruling Number 18/PUU-XVII/2019 have caused changes to the method of execution in fiduciary security rights, by introducing, through the Court Ruling’s third judgement, either voluntary or legal effort requirement to the acknowledgement of breach of contract in the exercise of parate executie. This is due to the Court having erred in considering parate executie as connected to executoriale titel. This paper first aims to delineate parate executie as a distinct method of foreclosure from executoriale titel using a conceptual approach. By further using this approach, this paper shows that the effect on foreclosure in fiduciary right is that executoriale titel is unaffected while foreclosure in parate executie is effectively abolished. However, law practitioners should still be able to use a subpoena to notify creditors as to the breach of contract to fulfill legal effort requirements. Second, this paper discusses whether the Constitutional Court Ruling impairs exercise of parate executie in other security rights by comparing it to Supreme Court Ruling Number 3210/K/Pdt/1984, dated 30 January 1986, which impairs the exercise of parate executie in Mortgage, before being remedied by implementing regulation of the Auctioneer Office. Using that approach, the ruling is can be shown to have a chilling effect on the exercise of parate executie. The article ends with the suggestion that further guidance is needed in the form of implementing regulation, both by the Supreme Court or the Auctioneer Office.

Baca Jurnal Selengkapnya

Abstract.

The implementation of court in Indonesia has not fulfilled as expected because any parties involving in court has a lack of capacity, consistency, and integrity to provide legal service seriously. Some people assume that court services are not still optimal. To settle the problems, the Supreme Court just has officially issued Regulation No. 1 of 2019 regarding the Administration of Cases and Legal Proceedings in Courts via Electronic Means on 8 August 2019. This regulation is believed as an appropriate solution to face those problems. To elaborate more, this study illustrates a judicial reform in Indonesia, e-court, and access to justice, the conception of e-court including the performance of e-court and its drawbacks and challenges in the digital era. The research method uses normative research by approaching legal review and literature study. The technique of primary data collection applies Supreme Court regulation while means of secondary data are collected from concept or theory as set out under bibliography. Judicial reform in Indonesia is indicated by issuing new regulation regarding e-Court and e-Litigation, the implementation e-Court itself has been attributed to 32 courts consisting of general religious, and state administrative courts. Through e-Court, access to justice more transparent and accessible. Besides, justice seekers have no worries regarding distance issues as of e-Court may allow them to fight in court without face to face. Parties have no doubt relating to the acceleration of court to settle any dispute in Indonesia.

Baca Jurnal Selengkapnya

Abstract.

The aim of this study is to determine the impact of networking on SME’s ability to access government financial support through legal channels in Asia Pacific. This study is quantitative in nature in which the data has been gathered from 281 employees and managers working in SMEs through survey questionnaire. The SEM technique was utilised for the purpose of analysing and testing the mediation effect. The study found that there is a partial mediation of government financial support through legal channels among the relationship between networking with officers and access to finance. This study is restricted to the SMEs operating in the region of Asia Pacific.

Baca Jurnal Selengkapnya

Abstract.

The number of violations of children’s rights in the form of exploitation and violence against children is increasing in Indonesia. The increase is due to the lack of understanding of children’s rights from related parties. Repositioning children’s rights is needed because children need a specific right and specific protection under a specific human rights framework, so that they do not lose power when establishing relationships with adults; where at this point, children are very vulnerable to treatment discriminatory. The repositioning of children’s rights is carried out by making a protection and enforcement of human rights as guaranteed constitutional rights, which is based on the understanding that human rights are human rights in toto and not merely as an individual’s legal rights in their capacity as legal subjects that are legally listed in the applicable law. The failure of the government to carry out this obligation is violation by omission.

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