scholarly journals Penghakiman oleh Pers Nasional: Suatu Kritik atas Kebebasan Pers dalam Pemberitaan Perkara Tindak Pidana Korupsi

Humaniora ◽  
2014 ◽  
Vol 5 (1) ◽  
pp. 216
Author(s):  
Vidya Prahassacitta
Keyword(s):  
Social Responsibility ◽  
Political Party ◽  
Code Of Conduct ◽  
High Position ◽  
Secondary Sources ◽  
Library Research ◽  
The Press ◽  
Freedom Of Press ◽  
The Law ◽  
The Government

The 1998 reform in Indonesia has changed freedom press in Indonesia. Now press implements libertarian model which puts freedom first instead of responsibility. Previously, press implemented soviet communist model which put responsibility first instead of freedom. Fifteen years later, press in Indonesia has become political tool by the owner of the press company who has high position in political party participating in the 2014 election. This reflects on the disproportional news regarding corruption cases conducted by the government officer or parliament member from the contender party. Such news delivers not only facts but also misleading opinions to the society which creates trial by the press. In fact, presumption of innocent principle is a foundation for press reporting news as stipulated in Law No. 40 Year 1999 concerning Press and Journalistic Code of Conduct. In libertarian press there are always borders but such borders are not effective since the freedom of press in Indonesia is powerful. Article used qualitative and library research with secondary sources of law to gain a solution to this problem. Therefore, Press Board should maximize its function in supervising the implementation of presumption of innocent principle and to raise society awareness regarding the law supremacy. In the end, to fulfill press social responsibility, a press profession court shall be established to keep press independency. 

Diálogos militares by Diego García de Palacio: The first American work on the law of nations

1992 ◽  
Vol 32 (290) ◽  
pp. 446-451 ◽  
Author(s):  
Alejandro Valencia Villa
Keyword(s):  
United States ◽  
Civil War ◽  
Code Of Conduct ◽  
The United States ◽  
Internal Conflict ◽  
Humanitarian Law ◽  
Law Of Nations ◽  
Simon Bolivar ◽  
The Law ◽  
The Government

Over the years the Americas have made significant contributions to the development of international humanitarian law. These include three nineteenth-century texts which constitute the earliest modern foundations of the law of armed conflict. The first is a treaty, signed on 26 November 1820 by the liberator Simón Bolívar and the peacemaker Pablo Morillo, which applied the rules of international conflict to a civil war. The second is a Spanish-American work entitled Principios de Derecho de Genres (Principles of the Law of Nations), which was published in 1832 by Andrés Bello. This work dealt systematically with the various aspects and consequences of war. The third is a legal instrument, signed on 24 April 1863 by United States President Abraham Lincoln, which codified the first body of law on internal conflict under the heading “Instructions for the Government of Armies of the United States in the Field” (General Orders No. 100). This instrument, known as the Lieber Code, was adopted as the new code of conduct for the armies of the Union during the American Civil War.

scholarly journals KESAKSIAN ANGGOTA TUBUH DI HARI KIAMAT PERSPEKTIF TAFSIR SAINS

2021 ◽  
Vol 3 (01) ◽  
pp. 65-94
Author(s):  
Rizki Pauziah Siregar
Keyword(s):  
Thematic Analysis ◽  
Qualitative Approach ◽  
The Body ◽  
Primary Sources ◽  
Research Approach ◽  
Secondary Sources ◽  
Analysis Methods ◽  
Library Research ◽  
The World ◽  
The Law

Testimony is a statement made by a witness who saw the incident by himself and was at the scene at that time. Nothing can escape this evidence in the afterlife, nor can it be manipulated in the slightest. So the source of the problem that will be discussed is how to witness the body and the interpretation of the rationality of the testimony of the limbs in QS. Yasin: 65. The research approach used by the author is a qualitative approach and is more inclined to follow library research and uses thematic analysis methods, this research will rely on the interpretation of Al-Jawahir Fi Tafsiril Qur'an by Tantawi Jauhari and books. as primary sources, research journals, and research theses as secondary sources. And what is relevant to this research, the results of the testimony of the limbs according to tantawi Jauhari are that the limbs will testify and it is not only in the afterlife, the body can testify against its owner. but even in the law that applies in the world, the limb that can be used to prove it, to reveal a crime such as murder or abuse. Here the limbs are like hands, it can help to expose the crime. One of them uses a DNA or fingerprint test, and only Allah will see what the testimony on the Day of Judgment is.

scholarly journals Legal Professions as the Reporting Parties in Anti-Money Laundering Regime: How Can Professions Actively Contribute?

2018 ◽  
Vol 54 ◽  
pp. 08014
Author(s):  
Go Lisanawati ◽  
Njoto Benarkah ◽  
Yoan Nursari Simanjuntak
Keyword(s):  
Money Laundering ◽  
International Society ◽  
Government Regulation ◽  
Code Of Conduct ◽  
Active Participation ◽  
National Society ◽  
Self Awareness ◽  
The Law ◽  
Legal Professions ◽  
The Government

As it is believed by the International and national society, the active participation of professions (including legal professions) is urgent and significant in anti-money laundering prevention. The International society has been put professions as reporting party since it has been identified as gatekeeper through their profession. One of the important construction has been developed in order to bridging the problems that appears in the dicussion of this role. The debatable discussion related with the code of conduct of the professions versus the of anti-money laundering mandate as the reporting party’s responsibility. Actually, the problem is also related with the content of the reports. Some sources as mentioned in the Law of Anti Money Laundering, Government Regulation and Head of INTRAC ‘s regulation shall be elaborated. As it is designed in the law and regulations on anti-money laundering, it should be active participation of the legal professions and other professions as mentioned in the Government Regulation Number 43 of 2015. To comply with this requirement, it needs self-awareness of the legal professions to do reporting once they meet the requirements.

The attempted impeachment of Sir William Scroggs, Lord Chief Justice of the court of King's Bench, November 1680–March 1681

1995 ◽  
Vol 38 (4) ◽  
pp. 843-873 ◽  
Author(s):  
Lois G. Schwoerer
Keyword(s):  
Print Culture ◽  
Whig Party ◽  
Legislative Authority ◽  
Chief Justice ◽  
Chief Minister ◽  
The Press ◽  
History Of ◽  
The Law ◽  
The Government ◽  
History Of The Press

ABSTRACTGenerally dismissed by historians as just an hysterical gesture by parliamentary whig leaders disappointed and angered over the failure of the second Exclusion Bill, the attempted impeachment in 1680–1 of Sir William Scroggs was in fact a complicated and important affair. Although a failure in legal terms (because King Charles dissolved two parliaments), it succeeded in political terms when the king dismissed Scroggs. A propaganda ploy to embarrass the duke of York and also the king of England, re-unite the whig party, and re-ignite anti-popery fervour to promote another try at Exclusion (contrary to recent revisionism), the proceedings provoked discussion of many central issues, but most importantly of the legislative authority of parliament, or control of the law; the affair provoked a ‘crisis of authority’. Print culture played an unprecedented role: four of the eight articles of impeachment against Scroggs were connected with the press. Press people, in effect, brought down a chief minister of the crown and severely embarrassed the government, an event of signal importance in the history of the press.

scholarly journals Digital Security Act and Investigative Journalism in Bangladesh: A Critical Analysis

2020 ◽  
Vol 2 (2) ◽  
pp. 216-236
Author(s):  
Md. Aliur Rahman ◽  
Harun-Or Rashid
Keyword(s):  
Freedom Of Expression ◽  
Investigative Journalism ◽  
Secondary Sources ◽  
Information And Communication ◽  
The Media ◽  
The Law ◽  
The Government ◽  
Negative Impacts ◽  
The Right ◽  
Harmful Effects

The Digital Security Act 2018 has created some barriers for citizens' accessing information and freedom of expression, particularly for the media professionals including journalists in Bangladesh. Thus, investigative journalism is now in a state of fear for distinction. In this context, the purpose of the study is to explore various effects of this Act, as well as to focus on different directions of protection while facing fears associated with the law. Showing the necessities for investigative journalism, this article also presented different fields of such an effective journalism. Methodologically, this article has followed the qualitative approach and collected information from both the primary and secondary sources. The findings from this study have shown that the fear of negative impacts form the Digital Security Act is dominant although the aim of the law, as described, is to provide security for information and communication. From the analysis of opinions of experts, it is easily predictable that some articles of the law have created dangerous threats on the way of investigative journalism, considering its applicable effects. Most of the experts expressed concerns about the negative impacts the law does have, as shown in the findings.  It is also reflected that these harmful effects would fall ultimately on the shoulder of the state creating such a bad situation where the government is feared to have lagged in terms of taking the right decisions at the right time.

scholarly journals The Indonesian Electronic Information and Transactions Within Indonesia’s Broader Legal Regime: Urgency for Amendment?

Jurnal HAM ◽  
2021 ◽  
Vol 12 (3) ◽  
pp. 533
Author(s):  
Tasya Safiranita ◽  
Travis Tio Pratama Waluyo ◽  
Elizabeth Calista ◽  
Danielle Putri Ratu ◽  
Ahmad M. Ramli
Keyword(s):  
Hate Speech ◽  
Freedom Of Expression ◽  
Information Policy ◽  
Comparative Approach ◽  
Legal Regime ◽  
Electronic Information ◽  
Interdependent Network ◽  
The Press ◽  
The Law ◽  
The Government

Cyberspace is the interdependent network of information technology infrastructures such as the internet, telecommunications networks, and computer systems. Meanwhile, Indonesia’s Law Number 11 of 2008 and its amendment through Indonesian Law Number 19 of 2016 governing cyberspace have been viewed to contradict and infringe other areas of law, such as protection of press or freedom of expression. Hence, this study seeks to identify the controversies and problems regarding the law deemed urgent for amendment. Further, this study creates recommendations so the government may amend electronic information policy more fairly and efficiently. This study uses a judicial normative and comparative approach. This research tries to analyze the existing regulations and the implementation and compare Indonesia’s cyberspace regulation with other States’. This study finds that Articles 27(3) and 28(2) of the law criminalize defamation and hate speech in an overly broad manner and that Article 40(2)(b) allows the government to exercise problematic censorship. As a result, they have infringed the freedom of the press and general freedom of expression in practice. In response to this, this study compares similar provisions from other States and recommends amendment the articles to become narrower and more clearly defined.

scholarly journals PROTECTION ON FREEDOM OF THE PRESS FOR FOREIGN JOURNALISTS AND JOURNALISTIC VISA IN INDONESIA

2021 ◽  
Vol 1 (1) ◽  
pp. 56-65
Author(s):  
Fianka Aiza ◽  
Lena Farsia
Keyword(s):  
Human Rights ◽  
National Security ◽  
Freedom Of Expression ◽  
Freedom Of The Press ◽  
Legal Rules ◽  
Legal Method ◽  
The Press ◽  
Freedom Of Press ◽  
The Law

This study analyses how Indonesia enforces the law to protect the freedom of the press for foreign journalists and imposes strict visa regulations on them. The method used to conduct this research is the normative legal method. This study shows that Indonesia upholds human rights such as freedom of expression, but there are no specific legal rules to uphold such rights over foreign journalists. Rules are only available on the enactment of a journalistic visa. Therefore, it is recommended for Indonesia's Lawmakers to compose a new Law to uphold the rights and obligations of foreign journalists while they are in Indonesia and develop a monitoring body for foreign journalists so that Indonesia can ensure the protection of freedom of the press and the national security. Keywords: Foreign journalists; Freedom of Press; Journalistic Visa.

scholarly journals The Administration of Corporate Social Responsibility in the District Regulation in Indonesia

2015 ◽  
Vol 5 (1) ◽  
pp. 207
Author(s):  
Mukti Fajar
Keyword(s):  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Local Governments ◽  
Research Method ◽  
Limited Liability ◽  
Regional Area ◽  
The Law ◽  
The Government ◽  
Regulation Model ◽  
Corporate Social

In Indonesia, Corporate Social Responsibility (CSR) is corporate activity that is regulated by the law. By means of the Investment Law No.25 year of 2007 and the Limited Liability Company Act No. 40 year of 2007, it is regulated that every company in Indonesia is obliged to implement CSR. However, these regulations are not set technically; therefore some local governments have made guidelines for the implementation of CSR through the District Regulations. The problems of this study are: (1) how is the CSR regulation model in the District Regulation? (2) What are the company’s attitude and the company’s request towards the CSR regulation in the District ? This study uses normative law research method that examines the provisions of the law, as well as empirical legal research method that used to observe the behavior and the attitude of the government and corporate actors. This research took place in several provinces in Indonesia.The results of this research are: First, the CSR regulation in regional area is formulated based on local government authorities. The provisions of these district regulations are customized to the interests of each region, although it still normatively refers to the standard legislation. Second: The Company’s attitudes prefer the self-regulated regulations arranged by their respective companies. Additionally, the setting of CSR can make the arrangement of CSR activities in accordance with the District Government program; as a result it can speed up the community development.

scholarly journals Analisis Kontruksi Struktural dan Kewenangan DPR dalam Fungsi Legislasi Berdasarkan Undang-Undang Dasar 1945

2018 ◽  
Vol 15 (2) ◽  
pp. 348
Author(s):  
Ahmad Yani
Keyword(s):  
Political Parties ◽  
House Of Representatives ◽  
Major Influence ◽  
Constitutional Amendments ◽  
Political Dynamics ◽  
Library Research ◽  
Analytical Research ◽  
The Law ◽  
The Government

Indonesia telah mengalami empat kali amandemen terhadap UUD 1945, dimana amandemen tersebut memberikan pengaruh besar terhadap kewenangan DPR dalam menjalankan fungsi legislasi. Penelitian ini merupakan penelitian hukum deskriptif yuridis analitis, dengan menggunakan pendekatan yuridis normatif, dan melalui studi kepustakaan terhadap literatur yang berkaitan dengan kewenangan DPR dalam fungsi legislasi. Sehingga dalam tulisan ini penulis membahas mengenai implikasi mekanisme perubahan UUD 1945 terhadap struktur dan kewenangan DPR serta dinamika politik dan kepentingan adanya perubahan kewenangan DPR dalam Legislasi DPR berdasarkan UUD 1945. Perubahan konstitusi hingga peraturan perundang-undangan terkait dibawahnya saat ini telah menempatkan DPR pada posisi lemah. Lemahnya fungsi DPR dalam pembuatan undang-undang juga diakibatkan dengan kondisi parlemen dengan konflik kekuasaan antara pemerintah dan partai politik. Konflik yang disebabkan karena adanya keinginan untuk menguasai posisi dalam pimpinan di DPR, Komisi dan Alat Kelengkapan Dewan lainnya.Indonesia has experienced four amendments to the Constitution, in which the amendment has a major influence on the authority of People’s Representative Assembly (DPR) in carrying out its legislative functions. This research is a descriptive juridical analytical research, using normative juridical approach, and through library research of literature related to DPR’s authority in legislative function. In this research the author discusses the mechanism implications from The amended 1945 Constitution on the structure and the DPR’s authority. The author also discusses about political dynamics and interests for change in the DPR’s authority in Legislation based on the 1945 Constitution. Constitutional amendments to the relevant legislation under it have placed the DPR in a weak position. The weak function of the House of Representatives in the law drafting is also due to the condition of parliament with the conflict of power between the government and political parties. The conflicts were caused by the desire to control positions in the leadership of the DPR, Comissions and other Councils.

scholarly journals Al-Manhâj al-Fiqhî ‘Inda Jamâ’ah “Muassah al-Da’wah al-Islâmiyah al-Indûnîsiyah” (Lembaga Dakwah Islam Indonesia) wa Âtsâruhu Fî Istinbâth al-Ahkâm al-Syar’iyyah

2022 ◽  
Vol 16 (2) ◽  
pp. 558-594
Author(s):  
Moh. Abdul Kholiq Hasan ◽  
Iskandar Dzulkarnain ◽  
Muh. Nashirudin
Keyword(s):  
Content Analysis ◽  
Research Method ◽  
Structured Interviews ◽  
Legal Decisions ◽  
Sharia Law ◽  
Library Research ◽  
The Law ◽  
The Government ◽  
The Right ◽  
Descriptive Qualitative

Indonesian Islamic Da’wa Institution or Lembaga Dakwah Islam Indonesia (LDII) tends to embrace exclusivity and takfiri ideology. This article attempts to reveal the fiqh manhaj (method) that LDII employs and its influences on the legal decisions LDII takes by employing the library research method in descriptive qualitative type. The content analysis in tandem with document triangulation and structured interviews were applied to investigate the textual references LDII uses. The findings indicate that LDII employs a fiqh manhaj called manqul. This influences the law istinbath of LDII. Mandatory to remain in the congregation (jamaah), taking the oath of allegiance to the leader of the jamaah, the claim by the jamaah leader of the right to construct sharia law, license to lie, and takfiri are some controversial products of the manqul. With takfiri as the most dangerous product of the manqul, it befalls the government of Indonesia to watch over this jamaah. اشتهرت مؤسسة الدعوة الإسلامية الإندونيسية أو ما يسمى بـــ LDII بتكفيرها على جميع المسلمين سوى جماعتهم. وتهدف هذه الدراسة لمعرفة أصل المنهج الفقهي عند هذه الجماعة وآثاره في استنباط الأحكام الشرعية عندهم. واعتمدت الدراسة على منهج البحث الوصفي التحليلي، بطريقة تحليل المحتوي أو ما يسمى بــ (content analysis). وقد توصلت الدراسة إلى القول بأن أصل المنهج الفقهي عند هذه الجماعة هو ما يسمى بـ"المنقول". وإن لهذا المنهج الفقهي أثار كبير في استنباط الأحكام الشرعية عند هذه الجماعة. ومن بينها: لزوم الناس لجماعتهم، وجوب البيعة لإمامهم، وجوب الإنفاق، ادعاء إمامهم أن لهم حقّ في تشريع الأحكام، إباحة التقية أو الكذب على الآخرين. ومن أخطر هذه المخالفات تكفيرهم لجميع المسلمين ممن ليسوا من جماعتهم. لأن هذا الاستنباط له أثر سيئ لوحدة الشعب، ولذا على حكومة إندونيسيا أن تتنبه دائما تجاه هذه الجماعة المنحرفة.

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