FREEDOM OF SPEECH UNDER INTERNATIONAL LAW: MYANMAR'S ANTI-COUP DEMONSTRATION VIOLENCE CASE

The paper aims to examine the position of international law against violence committed by the Myanmar military known as Tatmadaw, against Myanmar which held anti-coup demonstrations in Myanmar. The research used the normative legal research method, with the main source of data collection of legal material containing normative law. The results showed that Myanmar is one of the countries in Southeast Asia whose government has been dominated by the military. In early 2021, the Tatmadaw staged a coup against Myanmar's President Aung San Suu Kyi. The tragedy began in the 2020 elections, in which the National Democratic League (NLD) was elected as the majority to sit in Myanmar's parliament. However, Tatmadaw could have no election results and no coup. Burmese, who did not support a coup by Myanmar's military, made a massive dip in the streets. Tatmadaw performs violent acts for action until 2019. However, from the direction of the protesters, some protesters became victims of violence by the Tatmadaw. It reflects the restrictions on the freedom of speech of the People of Myanmar. Free speech is an important right of the People of Myanmar to be part of the good Human Rights face-to-face by international law through arbitrary ministers by the Tatmadaw. The Tatmadaw's acts of violence against Myanmar violate human rights set forth in the Universal Declaration of Human Rights (UDHR) in articles 19 and 29. In addition, freedom of speech is also governed by the International Covenant on Civil and Political Rights in article 19.

THE EXISTENCE OF TRADITIONAL LAW REVIEWING FROM PANCASILA VALUES IN THE DEVELOPMENT OF NATIONAL LAW

The purpose of this study is to examine the existence of customary law in terms of Pancasila values in the development of national law and what factors influence the existence of customary law in terms of Pancasila values in the development of national law. The research method used is normative juridical. The Indonesian people have succeeded in carrying out legal reforms to the constitution. Legal reform must continue with the formation and renewal of laws replacing Dutch legacy laws. Having its own laws for the Indonesian people can reveal national identity. Legal development simply implies efforts to make improvements from unfavorable conditions to better ones. According to this understanding, development can be meaningful with renewal. Reform is an effort to reorient and reform something that will be pursued through policy. The development of national law is the process of building a legal system and its instruments. The development of national law must be able to replace all Dutch Colonial product laws replaced with their own product laws. Legal development cannot be separated from legal politics, because it is a direction in making and enforcing laws in order to achieve national goals and objectives. Law as mentioned in the Oxford English Dictionary is a collection of rules either as a result of formal legislation or custom, in which a certain state or society claims to be bound as members or as subjects. Law is a behavioral control system (ethical control). The legal form is a norm which is the product of a center of power that has the authority to create and apply the law. Law as a unidirectional control system carried out by a central organ that has power. Unidirectional control implies that control only takes place from a certain organ that is given the capacity and function for it. Unidirectional control is also automatic-mechanical that guides behavior.

THE NEW PARADIGM OF THE STATE CIVIL APPARATUS AFTER RATIFICATION OF THE STATE CIVIL SERVICES REGULATION

The main role and resposiblity of bureaucracy is to organize the nation and state constitusionally, it needs to be realized that the bureaucracy is a factor that determines the success or failure of a government. So far, the bureaucracy is still considered convoluted and the widespread practice of KKN (Corruption, Collusion and Nepotism; not only makes bureaucratic services access very difficult for the public, but also makes people have to pay more in terms of services and human resource who are slow in providing service. This study aims to determine how the New Paradigm of State Civil Apparatus after the ratification of the State Civil Apparatus Law. This research is qualitative descriptive study. The formation of the ASN Law is the beginning of the management of ASN which is expected to be more professional, transparent and accountable bureaucracy because ASN is a major factor in state administration. The existence of the “Merit” system and the profesionality of ASN (civil servant) support in providing excellent public services. And with the existence of KASN, it is expected to be able in managing, monitoring, and evaluating of ASN policies and management implementation.

COMPARATIVE STUDY OF RESPONSIBILITY OF CRIMINAL VIOLENCE IN HOUSEHOLD IN CONCEPT POSITIVE LAW AND MINANGKABAU TRADITIONAL LAW

Domestic Violence (KDRT) is a form of crime in the domestic sphere; the data on domestic violence is increasingly worrying and tends to be out of control. Based on the Records of Violence against Women (CATAHU) in 2019; there were 431,471 cases of violence against women and it has been escalated up to 693% since 2008 which was only 54,425 cases. The effort to overcome and handle domestic violence is carried out by formulating various kinds of laws and regulations, creating structural and non-structural institutions that handle domestic violence cases, but in reality acts of violence continue to increase. In West Sumatra, Minangkabau customary law is prevailed as a law that is admited by the constitution. In fact domestic violence in Minangkabau society is a common problem. In handling and overcoming domestic violence, positive law and Minangkabau customary law have their own ways. From the data of national statistics agency of indoensia (BPS) in 2019, West Sumatra was not classified as the 10 highest occurrences of domestic violence in Indonesia. Based on this phenomenon, it is very interesting to study and to be compared of the effort to overcome domestic violence based on the concepts of Positive Law and Minangkabau Customary Law. This study uses a normative approach, namely examining library materials or secondary data consisting of primary legal materials and tertiary legal materials. The results of Positive Law research in overcoming domestic violence focus on handling by applying the law with maximum punishment (repressive), by providing education to the community that is directed and well programmed (preventive), even if domestic violence occurs then efforts are made (pre-emptive) so that the impact or the consequences are not significant. While Minangkabau customary law is more of a preventive effort, namely before the occurrence of domestic violence and the application of Minangkabau customary law is carried out in stages based on the proverb Bajanjang Naik Batanggo Turun.

ARRANGEMENT OF AUTHORITIES AND MECHANISM FOR CANCELLATION OF VILLAGE REGULATIONS IN THE FRAMEWORK OF VILLAGE AUTONOMY IN INDONESIA

Village regulations are statutory regulations established by the village headman after being discussed and agreed with the Village Consultative Body. This study aims to explain the arrangement of authority and the mechanism for canceling village regulations within the framework of village autonomy in Indonesia. The method used in this research is normative legal research, using a statutory approach. Law Number 6 of 2014 concerning Villages regulates the formation of village regulations, but does not regulate the cancellation of village regulations. The cancellation of village regulations is instead regulated in Article 87 of Government Regulation Number 43 of 2014 concerning Implementing Regulations of Law Number 6 of 2014 concerning Villages, which states that village regulations and village head regulations are contrary to the public interest and/or the provisions of laws and regulations that higher is canceled by the regent/mayor. This provision is contrary to Article 9 paragraph (2) of Law Number 12 of 2011 concerning the Establishment of Legislation and is not in accordance with the village autonomy framework as regulated in Law Number 6 of 2014 concerning Villages. The mechanism for canceling village regulations should be carried out through an expanded Village Consultative Body meeting because it is considered to have a sense of justice and the spirit of democracy and is a form of implementation of village autonomy.