Jurnal Hukum Samudra Keadilan

RECONSTRUCTION OF THE NATIONAL FINANCIAL AUDIT INSTITUTIONAL SYSTEM FOR OPTIMIZING STATE LOSS MITIGATION

2024-04-26T18:47:00+07:00

This article aims to establish a better institutional system for the national financial audit as part of the government's efforts to create a clean state free from financial abuse and corruption. Normatively, the Supreme Audit Agency (BPK) plays a crucial role based on Article 23 paragraph (5) of the 1945 Constitution. However, its singular existence changed after the formation of the Audit Board of the Republic of Indonesia (BPKP) through Presidential Regulation Number 192 of 2014, which became part of the Government Internal Supervisory Apparatus. From these normative issues arose a controversial case involving land procurement for a Palm Oil Plantation in Southwest Aceh, resulting in a dualistic determination of state losses between BPK and BPKP. The novelty of this article, compared to existing ones, lies in its reinforced analysis through comparisons with financial supervisory institutions in Japan (Board of Audit), the United States (GAO), and Australia (ANAO). The research employs a normative legal research method to examine principles and norms in positive law. It utilizes statutory, conceptual, and comparative approaches. In the context of financial oversight in Indonesia, both external and internal supervisory institutions, such as BPK and BPKP, play a vital role in ensuring efficiency, transparency, and accountability in financial management. Despite differences in regulatory foundations, appointment systems, and follow-up mechanisms among BPK, the Board of Audit, GAO, and ANAO, all of them have important roles in ensuring proper financial management. Additionally, the article proposes an alternative model for appointing members of the Republic of Indonesia Financial Audit Board (BPKRI) based on the experience of the U.S. GAO. This mechanism includes forming a commission comprising legislative, executive, and academic representatives to recommend BPK member candidates, aiming to enhance the independence of financial supervisory institutions in Indonesia

LGBT In Criminal Code: A Dialeectics Of Morals And Human Rights From Prophetic Legal Perspective

2024-04-26T18:46:40+07:00

The existence of LGBT individuals in Indonesia remains a contentious topic in society due to the perceived deviation from social norms in their orientation and behavior. Opinions on how to address LGBT individuals vary greatly, with some supporting their rights and others opposing them based on differing interpretations of human rights and moral and religious values. One prevalent discourse is to criminalize LGBT behavior as a violation of public decency in the reform of the Criminal Code. However, problems arise due to the lack of clarity in regulations and how to address the group from moral and human rights perspectives. This paper will discuss the ratio legis of LGBT regulation in national criminal law with human rights and morality variables, using the perspective of prophetic law. The data collection method is a library research model, and secondary data is used with descriptive-qualitative analysis techniques. The study found that the inclusion of LGBT elements in the national criminal law reform is a preventive measure taken by the state to curb the potential impact of LGBT on society. However, it is important to note that this reform is limited to criminal acts of decency and does not imply an implicit prohibition. It is crucial to maintain public morality without discriminating against any particular group. The principle of human rights and morals in Indonesia is based on Pancasila, which serves as the philosophical foundation and the ideals of national law. Therefore, LGBT sexual orientation and behavior are not accepted. The regulation of LGBT in the Criminal Code reaffirms the basic principles of the state built on the Almighty God and considers the legal system holistically, not limited to the principle of legal positivism, but also including morals as the substance of law.

THE URGENCY OF STANDARDIZING THE OPEN APPLICATION PROGRAMMING INTERFACE IN IMPLEMENTATION OF OPEN BANKING FOR CUSTOMER PROTECTION

2024-04-26T18:46:19+07:00

Open banking with Open Application Programming Interface (open API) technology is an initiative aimed at streamlining the payment system in Indonesia. The open API allows banks to integrate their systems with digital financial service providers (fintech) and bold trade (e-commerce) providers by disclosing customer transaction data. This study investigates the urgency of open API standardization in implementing open banking in Indonesia. This study uses a normative juridical approach to secondary data. The data includes primary, secondary, and tertiary legal materials. In addition, it also uses qualitative normative data analysis methods. It was concluded that before the National Open API Payment Standard (SNAP) stipulation, the process of sharing data between banks and fintech and/or e-commerce still needed to be standardized but was only based on an agreement between the parties. Banking in Indonesia has various open API standards that can affect the protection of customer data. According to the Financial Services Authority Regulation Number 12/POJK.03/2018, the relationship between banks, fintech, and/or e-commerce in providing digital banking services based on agreements between parties needs to be stronger. OJK is indeed present as a supervisory agency. However, the parties will eventually come back to a deal between themselves. Unlike the Regulations of the Financial Services Authority, the Regulations of the Members of the Board of Governors, which form the legal basis for SNAP, provide standards that must be complied with by both service providers and service users. However, implementing SNAP-based open APIs still requires personal data protection regulations.

THE URGENCY OF QANUN TO IMPLEMENT BIREUEN AS A SANTRI CITY

2024-04-26T18:46:00+07:00

Bireuen Regent's Decree Number 553 of 2020 designated Bireuen as a Santri City. As a Santri City, the behavior and conduct of the community is expected to reflect the objectives of this establishment, namely as a center for Islamic education, a model of Dayah education, and an Islamic reference center in Aceh. Apart from that, the aim of this determination is to make the people of Bireuen individuals who have good morals, are religious, and love science, as well as to ensure that the Bireuen region, especially Aceh in general, becomes a just and prosperous area. Apart from that, a road map for Bireuen as a Santri City in Aceh needs to be drawn up. Until now, Bireuen district does not yet have a Regional Regulation that regulates the implementation of Bireuen as a Santri City. Therefore, the urgency of qanun regarding the implementation of Bireuen as a Santri City in Bireuen district is a problem in this research. This research uses empirical legal research methods with a qualitative approach. Even though the government has issued a policy through Decree of the Regent of Bireuen Number 774 of 2021 concerning the Determination of the Study of Baksul Masail Khasanah Bireuen Santri City and Circular Letter Number 451/975/2020 concerning the Implementation of Bireuen as a Santri City, the implementation has not gone as expected. The implementation of Bireuen as a Santri City will not be optimal if only a few aspects of community life are regulated. Therefore, to achieve this goal, regulations are needed that regulate every aspect of the diverse social life of the community, so that they can become a supporting pillar in the implementation policy of Bireuen as a Santri City. With the existence of Qanun, technical and administrative needs related to this matter can be implemented optimally.

IMPLEMENTATION OF SUSPECT RIGHTS IN THE CRIMINAL INVESTIGATION PROCESS

2024-04-26T18:45:39+07:00

In the context of the occurrence of a criminal act, every law enforcer will adhere to the provisions of the Law of the Republic of Indonesia Number 8 of 1981 concerning the Criminal Procedure Code or commonly abbreviated as KUHAP which will be used as a guideline regarding the procedures for punishing a person suspected of committing a crime or so-called as a suspect. Basically the Criminal Procedure Code has clearly regulated matters relating to the rights of the suspect, the arrangements of which have been included in Articles 50 to 68 of the Criminal Procedure Code. As a positive law in Indonesia which is the basis for law enforcement, it has regulated the rights of suspects in the process of investigating criminal acts.

FROM THE ELIMINATION OF SEXUAL VIOLENCE DRAFT BILL TO THE SEXUAL VIOLENCE CRIME : CONFLICT OF IDEOLOGY FEMINIST AND RELIGIOUS IDEOLOGY RELATED TO SEXUAL CONSENT

2024-04-26T18:45:21+07:00

The Sexual Violence Crime Law (UU TPKS) was passed in 2022. However, the TPKS Law cannot be separated from various incidents, this is also the background for the TPKS Law taking a long time to be ratified. One of the controversial ones is related to the sexual consent paradigm which is often the reason for rejection of the TPKS Bill. This research uses the library study method, namely the author collects data by searching for data and information through books, journals, documents, articles, news and other library sources. The author will collect library data, record and analyze discourse related to sexual consent in the TPKS Bill, both within the DPR and external parties, namely community organizations. The Prosperous Justice Party (PKS), Islamic Defenders Front (FPI) and several other organizations use religious ideology in rejecting the TPKS Bill, while KUPI, Komnas Perempuan, Gusdurian, and other women's activist groups try to remember the mindset of the initial purpose of the TPKS Bill which was formed in basically departs from feminist ideology.

Implementation Of Central Aceh Regency Government Policy In Ecotourism Development

2024-04-26T18:44:59+07:00

The Aceh Tengah Regency ecotourism development policy is based on the Qanun RIPPARDA since 2018-2025. On its way, the development of ecotourism over the past five years has not had a significant impact. The formulation of the problem in this study is how the implementation of the Aceh Tengah regency government policy in the development of ecotourism and what are the obstacles faced by the Aceh Tengah regency government in implementing the policy. The aim in this this research are to find out and explain the implementation of the policy of the Central Aceh district government in the development of ecotourism and provide an overview of the obstacles experienced by the Central Aceh district government in implementing policies on ecotourism development. This research is a qualitative research by applying descriptive analysis method and empirical juridical approach. The results showed that the ecotourism development policy in Central Aceh Regency has not been supported by separate implementing regulations such as regulations within the scope of tourism destinations, tourism industry, marketing and tourism institutions based on the provisions of tourism legislation. Constraints faced in policy implementation include, among others, a regulatory vacuum that has an impact on the emergence of illegal businesses, the non-absorption of local revenue in the field of tourism to the maximum, and the emergence of ecotourism businesses that do not rely on environmental protection, the high cost of licensing administration in the field of environmental impact control and the behaviour of people who are not friendly to tourists

LEGAL POLITICS CHILD PROTECTION BASED ON LAW NO. 1 YEAR 2023 ON THE CRIMINAL CODE

2024-04-26T18:44:40+07:00

The formulation and drafting of Law Number 1 Year 2023 on the Criminal Code (hereinafter referred to as KUHP) is intended to replace the Wetboek van Strafrecht or the Criminal Code as stipulated by Law Number 1 Year 1946 on Criminal Law Regulations which has been amended several times. The effort is carried out in a directed, integrated, and planned manner so that it can support national development in various fields in accordance with the demands of development as well as the level of legal awareness and dynamics that develop in society. Child protection is based on Law Number 1 of 2023 concerning the Criminal Code which stipulates that criminal responsibility cannot be imposed on children who at the time of committing a criminal offense were not yet 12 (twelve) years old, which is an excuse. As well as considering the provisions referred to in Article 51 through Article 54, imprisonment should not be imposed if it is found that the defendant is a child. This research uses the type and type of normative legal research that examines and analyzes legal theories, legal principles and things written in legislation (law in book) and legal literature to answer problem issues. The research method uses a statutory approach (The Statue Approach) and a conceptual approach (The Conceptual Approach). The legal material collection technique used is a literature study document study. The legal materials that have been collected are then processed and analyzed prescriptively with deductive method. Thus, the politics of criminal law underlying the criminal law reform process involves policies in determining whether an act should be considered a violation of the law (criminalization) or not (decriminalization). One important aspect of community protection is the protection of victims and efforts to restore disturbed values in the community. Legal protection is manifested in the presence of various laws and regulations. The forms of protection or categories vary, examples of legal protection include civil law protection, consumer law protection, child protection, and so on

CRIME IN MARRIAGE

2024-04-26T18:44:21+07:00

Currently, the provision regarding the offence of adultery is regulated in Article 284 of the Criminal Code. One of the reasons for this regulation is to protect marriage from things such as vigilante actions based on adultery and the spread of disease, as well as other potentially damaging influences such as the rapidly growing prostitution industry which poses a threat to society. The punishment received by the perpetrator is a maximum imprisonment of 9 months in accordance with Article 284 paragraph (1) number 1 letter a of the Criminal Code. If your husband or wife has an affair, they, and others, are all responsible. The spouse of the person having the affair is also caught in the net by the provisions of this article. Article 284 of the KUHP defines adultery as an "offence of complaint", meaning that a complaint must come from the spouse of the adulterer before criminal proceedings can commence. In Islam, engaging in adultery carries heavy condemnation and guilt. Divorce is a legal option for infidelity and marital discord. Moreover, infidelity is also synonymous with adultery, a vice condemned by most religions.

LEGAL REVIEW OF THE READINESS OF BUSINESS IMPLEMENTATION BASED ON HUMAN RIGHTS IN THE MAKASSAR INDUSTRIAL AREA

2024-04-26T18:44:02+07:00

The position of business actors in today's development has a significant impact on the economic sector of a country. On the other hand, business activities can have an impact on social change, considering that the business activities of business actors have a direct impact on society and the environment, and have the potential for human rights violations. Makassar Industrial Estate is one of the icons of economic growth and the centre of business activities in eastern Indonesia, which has intersections with human rights in the implementation of its business activities. This research uses the type and form of normative legal research that examines and analyses based on legal theories, legal principles and things written in laws and regulations (law in book) as well as legal literature to answer problem issues. The research method uses a conceptual approach and a statutory approach. The technique used to collect legal material is a literature study document study. The results show that since the establishment of the United Nations (UN), the issue of human rights has emerged and become a serious discussion in every international forum. Since 2005, human rights issues have become more focused on the business sector. As a member of the UN, Indonesia has committed to focus on business and human rights by issuing Presidential Regulation No. 60 of 2023 on the National Strategy for Business and Human Rights in 2023. Business activities in the Makassar Industrial Estate still have a negative record on environmental issues and child labour, which is one of the business and human rights issues. Legal and institutional readiness is needed to implement Indonesia's commitment to focus on human rights-based business.

JUDICIAL ANALYSIS OF PROVIDING LEGAL ASSISTANCE TO THE POOR IN REALIZING ACCESS TO JUSTICE

2024-04-26T18:43:42+07:00

This study focuses on the implementation of free legal services for individuals by the Legal Aid Office (LBS) and the Ministry of Justice, in accordance with Law No. 16 of 2011 on Legal Aid. According to Article 1 paragraph 3 of the Law, the Legal Aid Office is a legal entity or a community organization that provides legal services. The aim of this study is to understand the function and role of the Human Rights Commission as law enforcement officers and to comprehend issues related to the implementation of legal services. The research method employed in this study is normative legal research, utilizing primary and secondary legal sources. Material analysis in this research involves committee work that systematically categorizes legal materials to facilitate the analysis of the research work. The study reveals that the primary authority for legal services lies with LBS/Orkemas, which is authorized to verify and accredit the Human Rights Commission as a legal service provider. Furthermore, the study emphasizes the importance of understanding the function and role of the Human Rights Commission as law enforcement officers and underscores their crucial involvement in the implementation of legal services. The research also highlights that the main authority for legal services is vested in LBS/Orkemas, which has been verified and accredited by the Human Rights Commission as a legal service provider.