Indonesia's omnibus law in the international context

This study explores the views of legal experts on omnibus law in Indonesia, which is a problem related to law and human rights. We have conducted data searches on hundreds of legal articles that discuss issues related to job copyright law. Data collection is carried out using the keyword system on Google Search in many legal journals both at home and abroad. He continued the effort to comprehensively involve the coding system with an in-depth evaluation and high interpretation to understand that it can answer problems by prioritizing the quality and honesty of the data. Most legal experts think it is a tremendous legal reform based on the study data and discussion. However, most of them still question its effectiveness and implementation, considering that the court's recent decision on the Law on Creative Economy and Work is unconstitutional with conditional enforcement. Hopefully, this finding will color the legal review section in Indonesia.

The Paradigm of Progressive Judge’s Decision and Its Contribution to Islamic Legal Reform in Indonesia

All this time, both in academic discourse and the reality of legal practice in the field tend to show a lack of attention to the rule of judges as an instrument of legal reform. Generally, the law is regarded as the main instrument of legal reform. Therefore, instilling an understanding of the law enforcement officers, especially the judges through their decision, is a very urgent thing to do. The main issue to be discussed in this paper is: How is the contribution of the Judge's decision to legal reform in Indonesia? This study used the perspective of the School of Sociological Jurisprudence, mainly the philosophical mind of Roscoe Pound. The results of this study show that the effort to make a judge's decision as a means of legal reform is a necessity. This can be realized through a progressive legal paradigm. The presence of a progressive legal paradigm is very important in order to give birth to a progressive type of judge who has a legal decision that qualifies maturity of law. The product of a progressive judge's decision is expected to become a jurisprudence that can be used as a reference in solving the next case so that judges will be able to make the law, not merely as a tool of social control as well as a tool of social engineering. These conceptions of legal function are essentially about to reveal that the nature of the law is dynamic rather than static. The legal philosophy of the sociological jurisprudence school offers a holistic understanding and a holistic view of the law, that is, the law applied must pay attention to the values, the living law, and the local wisdom of society. This holistic understanding of the law will ultimately be able to unify the law and society as its sociological basis.

National Law Development through Civil Procedure Law Reform as a Manifestation of State Goals during the Covid-19 Pandemic

The purposes of this paper are: (i) to describe various problems in the philosophical, sociological and juridical aspects of the existence of civil procedural law as formal law in Indonesia; and (ii) offer solutions to these problems by updating the civil procedural law. The method in this paper uses normative legal research with a statutory approach by conducting a literature study using primary and secondary materials. The results of this paper indicate several things. The first, sociologically, people's lives develop dynamically so that the provisions of civil procedural law are not in accordance with the times. As for juridically, this provision is not unification, legal uncertainty, and a legal vacuum. The second, legal reform is part of the development of national law by taking into account the framework of the national legal system. The third, there are efforts and forms of civil procedural law reform carried out by each element of state power. The novelty of this paper is containing a comprehensive discourse that answers the problem of the applicability of civil procedural law with the efforts and forms of reform of civil procedural law in Indonesia. The conclusion in this paper is the provisions of civil procedural law need to be updated based on philosophical, sociological, and juridical considerations. Reform of civil procedural law must take into account the national legal system, principles, and content material in its formation.

Legal reform lags as gender-based cyberviolence rises

Although international law recognises online gender-based abuse and violence, national-level reform is slow

Business, Human Rights and the Environment—Using Macro Legal Analysis to Develop a Legal Framework That Coherently Addresses the Root Causes of Corporate Human Rights Violations and Environmental Degradation

This article applies ‘macro’ legal analysis to the challenge of legal reform related to corporate responsibility for human rights violations and degradation of the environment. It recognises that the approaches from different communities of lawyers to the negative impacts on human rights and the environment caused by companies, sometimes operate in isolation from each other, are not always mutually supportive, can lead to a fragmentation of effort, and may not address the root causes of the problem. In particular, this article analyses the extent to which existing approaches tend to address symptoms of the issues, rather than the root causes themselves. It makes the case that in this regard specific root causes exist within the frameworks of corporate law in all jurisdictions and various aspects of international economic law too. To carry out the study, it employs macro legal analysis, a methodology not previously applied in this field, as a means of developing an understanding of the legal frameworks that, it argues, influence corporate decision making that can affect human rights and the environment. It undertakes an analysis that incorporates relevant corporate law, World Trade Organisation (WTO) law, international investment law, the law relating to multilateral development banks (MDBs), and international insurance law. By using this form of anlaysis it is possible to show how legal frameworks can operate in unison, reinforcing each other providing a cumulative effect that can influence corporate decision makers. Finally, based on the results of the analysis, it suggests a possible strategy of macro-level reforms that could be applied to the re-design of relevant legal frameworks to better facilitate the full protection of human rights and to achieve net zero degradation of the environment. As a result it seeks to demonstrate how this approach can be strategically applied by both human rights and environmental lawyers as a common pathway towards effective legal reform.

Política migratoria argentina reciente: función simbólica del derecho y derechos humanos

Executive Decree 70/2017 profoundly modified the legal regime for migration in Argentina. This article aims to analyze the use of this legal reform as a symbolic instrument of criminal policy and contrast them with human rights standards. The methodological approach combines legal analysis with the theoretical study of the reform. The work shows that the decree sought to link immigration and criminality and convey a message of firmness from the State in the fight against crime. As well as provide an update of the debate on the legal reform considering what happened subsequently. It is concluded that the reform has increased the margins of state discretion, generating a greater degree of legal insecurity for migrants. Although limited to a specific national case, the research may have theoretical implications for the study of similar cases.

Reducing organ trafficking: New Zealand's international and domestic responsibilities

<p>Organ trafficking is a transnational issue that calls for a response from the international medical community. Despite consistent condemnation, organ trafficking persists due to the worldwide shortage of organs for transplantation. This paper discusses the human rights abuses perpetuated by organ trafficking and suggests some approaches to reducing organ trafficking and transplant tourism. The paper concludes that combating organ trafficking requires a cohesive response from the international community of states, comprising of mutually reinforcing legal reform at international and domestic levels. In particular, states should seek to lighten the burden on the worldwide shortage of organs by increasing local supply. This paper considers presumed consent to be the most effective system of organ procurement. As such the paper suggests a framework for implementing presumed consent in New Zealand, in order to increase organ donation rates.</p>

Reducing organ trafficking: New Zealand's international and domestic responsibilities

<p>Organ trafficking is a transnational issue that calls for a response from the international medical community. Despite consistent condemnation, organ trafficking persists due to the worldwide shortage of organs for transplantation. This paper discusses the human rights abuses perpetuated by organ trafficking and suggests some approaches to reducing organ trafficking and transplant tourism. The paper concludes that combating organ trafficking requires a cohesive response from the international community of states, comprising of mutually reinforcing legal reform at international and domestic levels. In particular, states should seek to lighten the burden on the worldwide shortage of organs by increasing local supply. This paper considers presumed consent to be the most effective system of organ procurement. As such the paper suggests a framework for implementing presumed consent in New Zealand, in order to increase organ donation rates.</p>

Sex Gratification in Indonesian Anti-Corruption Law: What is the Problem?

The phenomenon of prostitution in Indonesia has become a negative specter that refers to its dilapidated moral society. This polemic is one of several different dimensions. Stewardship is also felt because law enforcement is not entirely. Prostitution is a name given to indicate the act in which a woman sends herself to relate to the opposite sex in need of money or other forms of payment. Inspired by the rampant sexual gratification cases among state officials. Ratification process and goods but sadness gratification in expanding sexual section. Added the sexy offender (female) underage. Previously gratification is already in Law Number 20 the Year 2001 on Corruption Eradication in article 12 B, but not yet directly in the scope of sex gratification. Thus there needs to be a legal reform synchronized with the rules and protection of human rights for working women. Until now the sexy gratification case is still taboo because it is considered apathetically State has not been possible to do and provide a deterrent effect for service providers, separation and distribution for the perpetrators of sexual. This is the polemic that must be emphasized from the rising.

Addressing Age Discrimination in Employment: a report on the findings of Australian Research Council Project DE170100228

This project aimed to research the effectiveness of Australian age discrimination laws. While demographic ageing necessitates extending working lives, few question the effectiveness of Australian age discrimination laws in supporting this ambition. This project drew on mixed methods and comparative UK experiences to offer empirical and theoretical insights into Australian age discrimination law. It sought to create a normative model for legal reform in Australia, to inform public policy and debate and improve responses to demographic ageing, providing economic, health and social benefits.