Law on Asset Recovery for Corruption in Indonesia: An Urgent Need

Corruption is an organized crime, so that its existence is required to complete the law not only for the perpetrators but also for the results of acts of corruption which are often not found with a track record of all assets of corruption. This study aims to examine legal products in Indonesia regarding the seizure of assets resulting from criminal acts of corruption. Philosophically, the existence of criminal acts of corruption is a form of state responsibility to eradicate because there is not yet a strong legal basis to regulate the mechanism of confiscation effectively in the enforcement of corruption. This research method uses normative juridical with conceptual legal approach with qualitative descriptive research type. The results of this study can be concluded that the urgency of the establishment of the Draft Law on the confiscation of assets resulting from acts of corruption is to change the legal paradigm in law enforcement of criminal acts of corruption which is not only focused on perpetrators of corruption but assets resulting from criminal acts of corruption can be returned based on the amount of losses suffered by the perpetrators of corruption. country. The effectiveness of the law with the formation of these legal products closes the gaps that have so far arisen so that it triggers the existence of criminal acts of corruption.

The Problems of Compensation Employement Termination Due to Covid-19

This study aims to answer employers dilemma during the Covid-19 pandemic to carry out labor efficiency by termination of work. The Cipta Kerja regulation number 11 of 2020 which is complemented by Government Regulation number 35 of 2021, as a normative basis for providing compensation for layoffs is considered a sufficiently mitigating solution when compared to previous labor legislation. However, what about the company's financial condition is not sufficient to provide compensation in accordance with the normative provisions of the legislation. To overcome this problem, an agreement is made between the employer and the workforce so that they can get a solution together. The agreement must also be registered with the Industrial Relations Court to protect the parties having an interest in it. Therefore, in writing this article, the Juridical Normative writing method is used, which analyzes cases based on applicable laws and regulations, analyzes legal concepts and qualitative descriptive methods.

The Indonesian Government's Liability Against Forest Fires That Caused Losses to Malaysia

This study aims to describe the form of Indonesia's accountability to countries that are directly affected by the haze caused by Indonesian forest fires according to the ASEAN Agreement on Transboundary Haze Pollution rules. This research is intended only for written legislation (law in books) and other legal materials. In normative research, the author will use doctrinal research methods that refer to legislation (statute approach) and a comparative approach (comparative approach). The results of this study indicate that Indonesia's accountability for cross-border smoke haze pollution due to forest fires is stipulated in Article 3 of the ASEAN Agreement on Transboundary Haze Pollution. Furthermore, the rights of countries affected by transboundary haze due to forest fires are regulated in Article 16 of the ASEAN Agreement on Transboundary Haze Pollution which states to increase preparedness and minimize risks to human health and the environment.

The Government of Indonesia's Accountability Against Forest Degradation Due to Deforestation Based on the Paris Agreement to the United Nations Framework Convention on Climate Change

This study aims to describe and explain the form of Indonesia's responsibility for climate change due to deforestation based on the Paris Agreement. As a form of contribution to climate problems, the Government has adopted the Paris Agreement with the instrument Law Number. 16 of 2016. However, the commitment to contribute to reducing greenhouse gas emissions has encountered problems in its implementation. On this basis, this study discusses the state's responsibility for climate change due to deforestation. The main emphasis will be on the forestry sector. This problem is the biggest obstacle in Indonesia's commitment to meet the greenhouse gas emission reduction target. This research method uses normative or doctrinal, the data collection process is carried out by reviewing literature that is relevant to the problems written by the author. The result of this research is that regulations on how to overcome the climate crisis in Indonesia are seen as not being able to implement changes in substance with the ultimate goal of reducing emissions as desired. The issue of effectiveness, especially the problem of legal requirements, is still a principle constraint, even some administrative arrangements contain decisions that contradict the declared responsibilities. In line with that, it is proposed the importance of strong guidelines, implementation of the law and balance of responsibilities through the environmental strategy that is carried out.

The Legal Pluralism Strategy of Sendi Traditional Court in the Era of Modernization Law

The Sendi customary community is a community that has procedures for implementing customary law through the customary justice system. Not only that, the Sendi customary community also has a distinctive legal code and customary apparatus; so that its existence needs to be maintained in the face of the era of legal modernization. This research is an empirical legal research; by using secondary data types obtained from various searches for journal articles, books, and information through online news online; relating to the substance of the research. The purpose of this research is to describe the structure of Sendi's customary court in maintaining the existence of customary law; as well as describing the strategy of legal pluralism in Sendi's customary court to face modernization of law era. This empirical legal research focuses on the structure of Sendi's customary court with an approach of legal pluralism. The results of the study confirm that a legal pluralism strategy is needed to maintain the existence of the Sendi traditional court in the era of legal modernization; and integration efforts are needed between the law and the customary apparatus of Sendi with the law and the national or state apparatus.

General Confiscation on Bankcrupty and Confiscation on Criminal Verdict

General confiscation of bankruptcy and criminal confiscation often occur simultaneously, this has led to debate on both sides between the prosecutor and the curator. Prerihal who is most entitled to the property of palilit and confiscated goods into a long discussion. However, if explained clearly, it will be found that public confiscation can precede criminal confiscation. In this journal, the author tries to discuss the substance and outline of the forgery by using normative writing procedures and applicable statutory regulations. In terms of the benefits of the debt and debt problem can be resolved as soon as possible and as fair as possible so that the economy is disrupted, both economies of a small scale and economies of large scale by continuing to pay attention to the Principle of Proportionality which consumes rights and obligations so that everything is in context and achieves goals that are expected to be fair to every one. In terms of legal certainty, Article 31 of the KPKPU Law that mentions all confiscations, appointed when the debtor's bankruptcy is pronounced is a new regulation and a special regulation compared to the confiscation of criminal provisions contained inArticle 39 paragraph (2) of the Criminal Procedure Code.

Should the Country Abolish Freedom of Religion to Counter Terrorism?

This paper is offer an assessment of the situation regarding freedom of religion in Xinjiang China. It argues that the Xinjiang authorities and the China government responsible for freedom of religion violation under their counter terrorism action. Even though, the freedom of religion is derogable right however the reason shall be under the national security and public order situation but, what the government do is too far and could lead Uighur religion eradication. To investigate the Xinjiang authorities and China government action, the paper collects the data from many Non-governmental organization and United Nation Report and analysis the fact with the international regulation and national regulation that China follow or have.

Criminalizing Corporations In Environmental Crimes

The research objective is to find out how criminal law against the environment accommodates criminal acts committed by corporations and to find out the practice of settlement through criminal law instruments in terms of corporate criminal liability in the environmental sector. The research method used is a normative juridical research method. There is the existence of criminal law as a part of 3 law enforcement regimes (state administrative law and civil law). then the involvement of criminal law in the settlement in the environmental sector regulates the existence of corporate criminal liability (business entity) as a subject of criminal law. The corporate criminal responsibility used by the UUPPLH is strict liability according to the law.

Bekwaamheid Effect in the Distribution of Divorce Cases in Indonesia: A Lesson from Sidoarjo

Peningkatan jumlah kasus perceraian di Sidoarjo, baik di Pengadilan Agama maupun Pengadilan Negeri, menimbulkan keprihatinan tersendiri. Tidak kurang dari 4000 kasus yang muncul setiap tahun, khususnya di Pengadilan Agama Sidoajo. Jumlah ini memicu keingintahuan peneliti untuk melakukan penelitian, yang mengkaitkan sebaran jumlah kasus perceraian tersebut dengan konsep bekwaamheid (khususnya kedewasaan umur). Dimana dalam logika sederhana, semakin dewasa umur seseorang, semakin matang tingkat pengelolaan emosi, seharusnya tidak mudah menghancurkan perkawinannya sendiri. Apalagi dengan alasan selingkuh atau ekonomi. Dengan metode penelitian hukum sosiologis, ditemukan jawaban bahwa ternyata bekwaamheid dalam hal ini tidak banyak berpengaruh. Dari tahun ke tahun (2016-2019), jumlah kasus perceraian di Sidoarjo tidak mengalami penurunan.

The Regulatory Concept of Cyber Notary in Indonesia

Notary has the authority to certify the electronic transaction (cyber notary) according to the Elucidation of Article 15 paragraph (3) of Law Number 2 of 2014 (Law 2/2014). Thus, the authority has been the milestone for the concept of cyber notary in Indonesia. Although the enactment of Law 2/2014 presented a new concept in Notary in Indonesia, but it does not give a wide chance to the application of cyber notary itself. One of the roots that causes the obstacles are the absence of definite law in regulating cyber notary. Law 2/2014 mentioned cyber notary but did not give a normative definition on it. Therefore, the concept of cyber notary is limited to conduct the certification of electronic transaction. Several challenges on performing the authorities and obligations of notary could be found in the context of the implementation of cyber notary, as follows: 1) Notary is bounded to the form and procedure in drawing up authentic deeds set by Article 38 Law 2/2014; 2 ) The appearers shall be known to Notary or introduced to him/her; 3 ) Reading and signing of deeds have to done in specific procedure; and 4) Drawing up deeds in the form of Minutes of Deed and keep the same as a part of Notarial Protocols. This article was classified as legal normative research and meant to analyze the concept of regulation on cyber notary in Indonesia by using statute and conceptual approach.