The Role of Wali Nanggroe Institution to Realize Peace in the Asymmetric Decentralization: the Case of Indonesia

<p><em>This article aimed to analyze the role and chances of the Wali Nanggroe in its involvement in international peace and its relation to the implementation of special autonomy in Aceh. One of the functions mandated by the qanun (local laws) of Wali Nanggroe Institution is participation in local, national, and international peace. The participation of Wali Nanggroe Institution to be part of regional, national and international peace is an exciting study because most of Wali Nanggroe's members are currently former officials and former combatants of the Free Aceh Movement. This research will analyze the opportunities of the Wali Nanggroe Institute in its involvement in the world and its relation to the implementation of special autonomy in Aceh. This research shows the peace will continue after the peace agreement because many Acehnese leaders, former GAM leaders, believe that the MOU can bring Aceh to a self-government system through a peaceful and democratic process.</em> <em>that several opportunities can be used by it to carry out the function of peace, among others, the first is strong support from local political parties because Wali Nanggroe is an "old man" in Aceh; Third, good relations between Wali Nanggroe and foreign countries or bodies, as well as Wali Nanggroe's own experience in the negotiation process with the Government of Indonesia to realize the understanding of the Helsinki MoU in Finland.</em></p>

Blockchain-Based Smart Contract: Advancing Digital Consumer Protection and Preventing Private International Law E-Commerce Cases

<em>Blockchain has functioned as a ledger that decentralizes controls with immutable and irreversible character and have the potential to overcome the deficiency of traditional contracts, especially in today’s digital era such as the e-commerce industry. Unfortunately, although famous to be used for blockchain and smart contracts have not been applied widely in Indonesia and there is no regulation that specifically regulates the use of blockchain technology and smart contracts. This article will analyze the application of smart contracts to escalate consumer rights in e-commerce services. This research showed that the self-executory characteristic of smart contracts helps the consumer to have an equal bargaining position with businesses actors in determining the contents of the contract. In response to those curative efforts, the smart contract will be advantageous as a preventive scheme for PIL cases. The self-executory character of the smart contract will prevent many PIL cases which are potentially occurred. The immutable nature of blockchain records will also be helpful for any dispute settlement scheme. This might be led to the tendency that international e-commerce cases should not be litigated or to be set for an arbitration tribunal. Those international e-commerce cases might not require settlement of judicative branch and may be settled at the administrative level. Consequently, this would create a more effective and efficient settlement, both in time and money. Those advantages have made blockchain-based smart contracts will be prospective in Indonesia, in the upcoming future</em>

The International Criminal Court Jurisdiction Towards The Deportation Issues In Myanmar

<p><em>This research aims to comprehensively analyze the International Criminal Court’s jurisdiction in adjudicating gross violations of human rights involving a non-party state of the 1998 Rome Statute and its application to the perpetrators of deportation against the Rohingya with Myanmar as the non-party state. The results showed that this jurisdiction can be implemented under three conditions, first, the crime is committed by nationals of a non-party state on the territory of a state party to the Statute. Second, the UN Security Council refers a situation to the International Criminal Court in its resolution. Third, through an ad hoc declaration that a non-party state of the Rome Statute accepts the International Criminal Court’s jurisdiction. Since the territorial jurisdiction of the International Criminal Court covers crimes that occur wholly or partly on the territory of a state party, it can be applied to the deportation against the Rohingya in Myanmar. This involved the fleeing of this ethnic group from attacks by the Government of Myanmar to Bangladesh, a state party to the 1998 Rome Statute</em></p>

Preventing The Illegal Trade of Smuggling Small Arms And Light Weapons (SALW) through UNPoA in Indonesia

<em>Action is needed to combat the illegal trade of Small Arms and Light Weapons (SALW) because transnational crime is not easy to commit. However, internal conflicts make Indonesia more vulnerable to firearms smuggling, considering its geographical conditions and weak supervision at the border. Consequently, the government cooperates with neighboring countries to maintain national integrity and safety. Also, the government is active in the international regime to deal with illegal trade of SALW through the United Nations Program of Action. This study is legal research by incorporating primary, secondary, and tertiary data. The results showed that Indonesia's position in the United Nations Program of Action helps prevent firearms smuggling and increase capacity-building assistance.Furthermore, the government collaborates with the Ministry of Foreign Affairs and amends and revises Law Number 8 of 1948 concerning Registration and Granting of Permits for the use of Firearms to prevent illegal trade of SALW. In the regional scope, similar collaboration is also conducted with Southeast countries. This is supported by implementing the PoA to Combat Transnational Crime by holding the ASEAN Ministerial Meeting on Transnational Crime (AMMTC). In the international scope, the United Nations Convention Against Transnational Crime and its three protocols were introduced to eradicate the illegal trade of SAWL.</em>

Examining the Agreement Object as Good Deeds from the Consequentialism and Deontology Perspective

<em>This study aimed to analyze the agreement object as good deeds from the legal philosophy perspective. Postulated to legal positivism, this rejects the deviation of the agreement on the good deed of transplanting organs or body tissues. The results compiled using normative legal research methods described the flow of consequentialism and deontology. These doctrines state that kidney transplant procedures conducted voluntarily based on humanity have benefited recipients and donors. Therefore, they increase the happiness level of both parties without leaving the concept of Kantian moral ethics.</em>

INFORMATION OF MEDICAL MALPRACTICE AND RISKS IN THE INFORMED CONSENT PROCESS BEFORE SURGERY IN INDONESIA

<em>This study examines Indonesian statuary regulation that requires doctors or hospitals to explain the medical malpractices or risks to surgery patients during the informed consent process. The study was triggered by the frequent medical disputes caused by the patient's misinformation regarding possible medical malpractices or risks related to surgery. In this case, patients need transparent and relevant information during the informed consent process. Therefore, this study examines the statuary regulation that requires doctors or hospitals to explain the medical malpractices or risks to surgery patients during the informed consent process. It used secondary data collected from literature studies of relevant materials and analyzed using normative and qualitative methods. The results indicated that no statutory regulation requires doctors to explain the medical malpractices and risks associated with surgery during the informed consent. This means that the required transparency principle is often not implemented. Therefore, these laws are urgently needed because the public is misinformed about medical malpractices and risks</em>

COUNTERMEASURE POLICY ON MINING CRIME UNDER THE LEGAL PROGRESSIVE PERCEPTIVE

<em>The complexity of mining business governance affects rational actions to tackle mining crime using the criminal policies in a progressive legal dimension. This research focuses on dealing with mining crime using criminal policies and rational efforts in the progressive legal dimension. It was conducted using normative legal research method using secondary data obtained from primary and secondary legal materials. The urgency of this research is to provide guidance towards the application of appropriate rules of mining for the actors in the business. It was also directed to provide references in mining law enforcement through an integral policy. The results showed that criminal policy through penal means in the formulation stage has the ability to regulate licensing crimes, corporate crimes, crimes against reclamation, and criminal obstruction of mining businesses. Moreover, the application stage involves the legal construction of material and formal offenses while the execution stage requires integral law enforcement. It is also important to note that the non-penal means which focuses on prevention maps potential actors with the ability to create the victims while the secondary prevention maps the mining areas with potential conflicts. This means the progressiveness of mining criminal policies rationally in the progressive law dimension enforces certainty and basic ideas underlying the norms.</em>

MISCONCEPTIONS ON THE CONCEPT OF MEDIATION AND CONCILIATION IN THE ACT ON INDUSTRIAL RELATIONS DISPUTES SETTLEMENT

<em>Mediation and conciliation are alternatives with varying characteristics acting as a third-party figure in settling disputes in industrial relations. These alternatives are perceived as the same in Act Number 2 of 2004 on Industrial Relations Disputes Settlement. It leads to conceptual errors and causes mistakes in formulating the mediator and conciliator's authority. Therefore, this study analyzed the concepts of mediation and conciliation as regulated in Act Number 2 of 2004 on Industrial Relations Disputes Settlement. This is a normative legal research carried out with the statutory, conceptual, and comparative law approaches. The result showed that the concept of mediation and conciliation formulated in the Act Number 2 of 2004 on Industrial Relations Disputes Settlement deviates from the basic concepts of the mediator and conciliator to make written recommendations. Conceptually, the mediator and conciliator are facilitators incapable and capable of making written recommendations, respectively</em>

BLUE CARBON IN NATIONAL POLICY TO REDUCE GREENHOUSE GAS EMISSIONS

<em>Greenhouse Gas (GHG) emissions are the main cause of global warming and climate change. Indonesia as an archipelagic country experiences a significant negative impact as a result of climate change, such as sea level rise, sea water intrusion to the land, extreme weather, and rising sea and land temperatures. Tropical forests have been known as a major carbon emitter, but with the increasing rate of deforestation, it is necessary to find carbon sinks from ecosystems other than tropical forests. This study aimed to determine the extent to which blue carbon has been included in Indonesian Government policies, especially in the GHG inventory document and the Indonesian Nationally Determined Contribution (NDC) document, related to the Government of Indonesia's commitment in reducing GHG emissions. The research showed that blue carbon ecosystems, which include mangroves, seagrass beds, and other coastal ecosystems, have enormous carbon sequestration potential when compared to tropical forests, but unfortunately, the potential of blue carbon has not been maximally utilized in national policies related to GHG emission reduction.</em> <em>The existing policies have not been implemented optimally and some of them overlap. In the future, accurate data updating and mapping of the blue carbon ecosystem is needed so that it can become a reference in determining national policies on the use of blue carbon</em>

TRACING THE CRIMINAL POLICY ON CASTRATION AND COMMUNITY RESPONSE

<p>The act of chemical castration is now one of the sanctions in Indonesia's positive law. However, it is still limited to child protection based on Law Number 17 of 2016, which can be imposed on perpetrators of sexual crimes against children if the victim is more than one person, is seriously injured, has mental disorders, suffers from infectious diseases, reproductive system disorders, and lose their life. This paper analyzes criminal policy and people's reactions to castration concerning the objectives of punishment. This research is doctrinal research as prescriptive research using a legal approach regarding legal categories regarding castration, the relationship between rules, difficulties that arise and predicting future developments on criminal policy regarding castration in positive law as one of the new sanctions in the criminal system. The results of the study is that the birth of chemical castration in criminal policy reform is based on a balance between the interests of child victims of sexual crimes and perpetrators of crime, but its existence in positive law does not necessarily make the whole community accept even though the pros and cons of castration are still balanced based on the purpose of punishment based on Pancasila. The recommendations put forward are the need for socialization of castration for all levels of society in a balance between the interests of child victims of sexual crimes and the interests of criminals, increasing non-penal efforts and the application of selective castration sanctions, and providing assistance for child victims of sexual crimes.</p>