Parliamentary Threshold In Integrative Legal Perspective: Indonesian Case

The article aims at discussing the application of parliamentary threshold legal norms in an integrative legal perspective. Through historical, conceptual and statutory approaches, this study tries to examine holistically and prescriptively the dynamics of applying parliamentary thresholds in legislative elections. This article makes the thinking of leaders on integrative law a benchmark and an analytical knife. The results of this study demostrates that the application of parliamentary thresholds in elections based on an integrative legal perspective is not appropriate because it has not been able to guarantee the fulfillment of a sense of justice for all Indonesians because integrative law views a legal event as a comprehensive state of pros and cons. This research is expected to help academics and legal practitioners, especially with regard to election law to be able to dig out deeper into integrative law, not only from one or two experts, but from several other experts.

Law Making Treaties: The Implication of International Law towards Indonesia’s Legislations

In relation to promoting global issues in international forums, several sources of international law are formed. These formed laws are in the figure of law-making treaties, which are closely related to international regimes that influence the behavior of international actors. However, in developing countries, such as Indonesia, International law is considered the outermost layer of the legal order under national law, colonial law, religious law, and customary law. Thus, it is a challenge for international laws to be enforced in a broad society. Therefore to make international law hold an implementative power, the laws need to be adopted in the national law. This article aims to examine the implication of international laws, especially in international treaties towards Indonesia legislation. It is carried out by mapping a series of international treaties ratified and enacted through national laws in Indonesia. The results of this study demonstrates that until 2019 the Indonesian Government has bound itself in 302 agreements. From the 302 treaties, only 61 international treaties were Law-Making Treaty, and only UNCLOS 1982 has implicated by the Indonesian Government through Law No. 32 of 2014 concerning Maritime Law.

Trademark Ownership by the Local Government of the Special Region of Yogyakarta: A Model for Municipal Ownership of Intellectual Property Rights

This article aims at elaborating the trademark ownership by the local government in Yogyakarta. As an effort to leverage the region’s historical status in order to add value to products made in this region, the Special Region of Yogyakarta (the “DIY” or the “DIY Government”) has registered its trademarks like “Jogjamark” and “100% Jogja.” However, there remains a question as to wether the DIY Government have the same rights and obligations concerning intellectual property as private entities, as longa a municipal government is concerned. Generally, a public legal entity is subject to the same laws, with both rights and obligations, as any other legal entity. In this context, the local government of the DIY’s registration of these marks clearly confirms that the Local Government of the DIY is the trademark owner of those trademarks. This registration requires the question as to whether this government entity can legally own registered trademarks or not. In addition, even if the registration is legal, to what extent can the local government use and protect its intellectual property? This paper will address these two issues through an empirical research study, and determines that as a legal entity, the local government can and should own trademarks for the benefit of its population.

The Protection of Medical Officers in the Armed Conficts; Case Study of Indonesia

International Humanitarian Law (HHI) has regulated provisions regarding the protection of medical personnel in a conflict, whether an international, non-international armed conflict or an internationalized armed conflict. These categories of various types of armed conflict are also part of the legality of the emergence of humanitarian intervention by medical personnel in an armed conflict. A form of medical care for parties who are either directly or indirectly involved in an armed conflict. In the Indonesian context, the provisions regulating separately the protection of medical personnel in armed conflict have not been regulated separately. However, considering that Indonesia has ratified the 1949 Geneva Convention, the convention can be considered as the official Indonesian national regulation on the protection of medical personnel in armed conflict. In this article, it is demonstrated that there were still many violations, especially against the purpose of war, which made medical officers and medical buildings in an armed conflict a military target, such as in the Syrian conflict, as well as domestic Indonesia such as Aceh and Papua. Several factors have led to the fall of medical personnel in various armed conflicts (both horizontal and vertical) in Indonesia, among others are: (a) The parties to an armed conflict are not aware of the provisions of the principles of international humanitarian law. (b) The parties are suspicious of the neutrality of the medical personnel, as well as (c) Not having a good communication system between the conflicting parties and medical personnel.

Preventing Illegal Logging With Local Wisdom? The Guguk Forest, Merangin Jambi, Indonesia

This article explores the local wisdom of Guguk Village people in Merangin Regency in defending their Indigenous forests from illegal logging, committed individuals or multinational companies holding permits of Forest Concession Rights from the Government. This study aims to look at the role of the Guguk village community and their local wisdom in resolving illegal logging case in the Guguk Forest. Originally an empirical legal research, this study applied a qualitative approach in analyzing data from observation, interviews and documentation from the research. It is demonstrated that the Guguk Village community strongly hold a tradition in maintaining their traditional forest. The heads of tribes called "ninik mamak", religious leaders and community members were always involved in the efforts of preserving the Guguk forests. In addition, the administrator of the Guguk customary forest still uses a traditional process in settling illegal logging cases. The perpetrators of illegal logging will be subject to customary sanctions, where he must provide buffalo or goats as a punishment for their mistake as long as the forest exploitation is concerned. Some money has to be paid to support the village development. This method is proved to be effective in eradicating illegal logging in the Guguk forest.

Law Enforcement of Waste Management in An Effort to Reduce Flood Risk in Indonesia

The aim of this paper is to identify law enforcement of waste management and formulate a law enforcement model for urban waste management in an effort to reduce flood risk. The explanatory survey was used in this study. Quantitative and qualitative approaches were used to explain the relationship between several variables. Sampling techniques were carried out in stages, and proportionally according to the research objectives. Besides, the data collection in this study carried out through observation, in-depth interviews, documentation and audio visual. The data analysis technique used descriptive qualitative through an interactive model developed by Miles and Huberman consisting of four interacting components, namely data collection, data reduction, data presentation and drawing conclusions and verification. Results indicate that there are some issues in law enforcement of waste management. First, the total number of law enforcers is not enough. Second, there are lack of facilities and infrastructures such as garbage cans, collection, temporary landfills, transportation and final processing. Third, there is a lack of commitment by the authorities in enforcing waste management laws related to reducing the risk of flooding. Furthermore, public awareness to comply with waste management is very law. Finally, there is still a lack of public awareness of the risk of flood. In conclusion, almost half of the community is aware that disposing of garbage in its place is very important for their survival and flood risk in their area. On the other hand, half of the people who do not care and still throw waste not properly

The Concept of E-Voting Mechanism Based on Law of General Election and Information Security

The development of technology has made transformation in the world; one of them is the implementation of e-voting systems in general elections. This research aims to dig deeper into the utilization of e voting in Indonesia's general election according to the Law on General Election, and research on the e-voting safety aspect in Indonesia's general election with the Law on ITE, government regulation on One Data Indonesia, and the Bill of Personal Data Protection Law. The research method is normative, which is delivered with an analytic-descriptive method. The results show that Indonesia has arranged elections with e-voting mechanisms for multiples of times, for example, in Jembrana Regency. Based on the General Election Law, e voting could be implemented in Indonesia. However, there are still considerations in terms of technology and preparation that should prevent unwanted burden. There needs to be a regulation for voters' data management to prevent violations against human rights. Data management must pay attention to safety aspects guided by the Law on ITE, government regulation on One Data Indonesia, and the Bill of Personal Data Protection Law

Ecofeminism and Enviromental Protection: A Legal Perspective

Women are very important figures to ensure sustainable development. This paper discusses the role of women in environmental protection from the perspective of eco-feminism and law. This research is a non-doctrinal legal research with a socio-legal approach. The data used are secondary data obtained through literature studies, then the data that has been obtained is analyzed qualitatively. It is learnt from the discussion that eco-feminism as a thought that criticizes the dominance of patriarchy over control of environmental management and has succeeded in encouraging environmental protection movements carried out by women in various countries. Women are key actors in using, managing and protecting natural resources. Environmental preservation is closely related to the role of women. From a legal perspective, eco-feminism is an effort by the people to seek justice as the main goal of law and ensure the principle of equality before the law inmonitoring, protecting and enjoying the benefits of environmental sustainability.

State’s Responsibility over Forest and Land Fires Causing Transboundary Haze Pollution in the Frame of ASEAN Agreement

This article aims to analyze the state’s responsibility over forest and land fires causing transboundary haze pollution according to the Asean Agreement on Transboundary Haze Pollution. A normative legal method is applied to help answer the problems of transboundary pollution which has been an international concern. The impact of haze pollution resulted from forest and land fires has triggered protests against Indonesian government and urged the sate’s liability as long as the impact of the haze pollution is concerned. Forest and land fires which caused transboundary haze pollution has infilcted losses and damage not only in Indonesia but also in other neighbouring countries, such as Malaysia and Singapore. State responsibility is a fundamental principle in international law applied when a country has violated boundaries, either directly or indirectly, which is harmful to other countries. In international environmental law, tansboudary air pollution caused by forest and land fires is contrary to the principles of international environmental law resulting in a state responsibility responsibility or liability. While responsibility refers to a legally regulated responsibility and the concept of international law, the liability refers to the indemnification of the other party’s loss. As a result of forest and land fires causing transboundary haze pollution, ASEAN member countries have agreed to form an AATHP (ASEAN Agreement on Transboundary Haze Pollution) agreement aiming at preventing and mitigating transboundary haze pollution

Transparency Principle on Land Acquisition for Agrarian Justice

The purpose of this article is to study the state’s efforts to guarantee the principle of transparency and implement it into land acquisition process for the sake of public interest. With normative method, this article found that the land, despite of being an object of private ownership, has a social function. Therefore, the state has an authority to regulate the utilisation and use of land for the sake of public interests through a land acquisition. In recent years, disputes due to land acquisition between the government and the land owners has always increased, resulting in the use of violence and public distrust against the government. It is believed that such the condition was triggered by the lack of transparency as long as the land acquisitions are concerned. In order to realize agrarian justice, which is the state’s obligation, it is necessary to guarantee the principle of transparency in the land acquisition process which are the basic rights of land owners / holders and the general public. Because the principles of openness and transparency in the Land Acquisition Law are obscure in norms, it is necessary to interpret the law. The principles of openness and transparency are carried out from the planning, preparation, implementation stages to the stage of submitting the results of land acquisition. At the empirical level, it must be implemented without causing various encapsulation resulting in land acquisition disputes. The principles of openness and transparency are needed to facilitate the flow of community participation in development