Ex Aequo Et Bono Journal Of Law
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    22 research outputs found

    Leveraging economic intelligence and stakeholder collaboration to eradicate illegal plain cigarettes

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    Background: Indonesia ranks third globally in the number of smokers, despite government efforts to reduce cigarette consumption. The continued rise in smoking is linked to the circulation of illegal cigarettes, which threaten public health, state revenue, and the national tobacco industry. This study aims to examine the distribution dynamics of illicit cigarettes and analyze stakeholder strategies to combat the issue. Methods: A qualitative approach was used, involving interviews, document analysis, and literature review. Data were analyzed thematically to explore patterns in stakeholder roles and motivations. Findings: Economic incentives drive the illegal cigarette trade, which disrupts legal markets and undermines tax revenue. Stakeholder participation varies by institutional interest and authority, influencing enforcement outcomes. Weak coordination and limited use of economic intelligence were identified as key challenges. Conclusion: Addressing illegal cigarette distribution requires stronger stakeholder collaboration and strategic use of economic intelligence. Novelty/Originality of this article: This study provides new insights into the role of economic intelligence and stakeholder dynamics in tackling illicit cigarette trade in Indonesia

    The human firewall: Increasing digital awareness and literacy for consumer protection

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    Background: In the evolving digital era, consumers are increasingly vulnerable to various cyber threats such as online fraud, identity theft, and misuse of personal data. This paper discusses the concept of "Human Firewall", an approach that places individuals as the main component in the defense against digital threats through increased awareness and digital literacy. Methods: By applying a systematic literature review method to various international scientific journal sources, this study shows that low levels of digital literacy increase consumers' risk of cybercrime such as personal data theft, online fraud, and information manipulation. Findings: A good understanding of digital ethics, privacy and safe use of technology helps people make wiser decisions in the digital world and prevent digital threats. Conclusion: Efforts to improve these skills can be done through interactive training, psychology-based approaches, and the use of gamification methods to strengthen user engagement. The gap in digital access and understanding in disadvantaged areas is also a challenge that needs to be addressed through an inclusive education approach. Novelty/Originality of this article: The novelty of this research is in the integration of educational and psychological approaches to form digital resilience based on proactive individuals, not just relying on technological systems. Therefore, society must build digital awareness as protection from cyber threats

    Factors of politeness as reason for mitigation in judge's decision: Is it still relevant to be maintained?

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    Background: Judges play a crucial role in the judicial process. According to Article 1 point 8 of Law Number 8 of 1981 on Criminal Procedure (KUHAP), a judge is a state official authorized to adjudicate cases. Their duties include examining, deciding, and resolving cases. In making decisions, judges consider both aggravating and mitigating factors. Aggravating factors may include the defendant having previous convictions, while mitigating factors may include polite behavior during court proceedings. This article focuses on polite behavior as a mitigating factor. It explores how judges assess politeness in court and whether this factor remains relevant in modern criminal case decisions. Methods: To answer this problem, the author researches using the socio-legal method, where the author will examine the problem with legal norms governing polite elements as a reason for mitigation and supported by surveys to support data from existing norms and decisions related to this matter. Findings: Judges still consider the element of modesty as a reason to mitigate punishment in criminal cases. From the results of a survey of 76 judges from 64 courts, 49 respondents stated that the element of civility is still relevant to be maintained in the judicial process. Factors considered by judges as indicators of the defendant's civility in court include polite language, cooperative attitude, and non-verbal expressions that show respect for the trial process. Conclusion: This research shows that the element of modesty is still considered relevant by the majority of judges as a mitigating consideration. The defendant's demeanor in court can signal remorse and good faith which influences the judge's decision. Novelty/Originality of this article: This research combines a normative approach and socio-legal methods that are rarely used in the study of mitigating circumstances. A survey of 76 judges from different regions and ethnic backgrounds in Indonesia provides valuable insights into the actual practice of civility considerations in trials. This article confirms that the relevance of modesty is not just a formal tradition, but also reflects important social and cultural dynamics in the judicial process in Indonesia

    Transforming trade law in the digital era: Navigating challenges and seizing opportunities for legal reforms in Indonesia's evolving trade landscape

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    Background : In Indonesia, the transformation of trade law in the IT and Internet era presents significant challenges and opportunities. Businesses have changed, markets have expanded, and digitalization has created new economic opportunities. However, these changes have also raised a number of legal questions, including consumer protection, data security, the legality of electronic transactions, and the role of government in regulating digital commerce. This article analyzes how Indonesian laws and regulations have adapted to these changes and examines the challenges of implementing regulations in the face of rapid technological developments. This article provides a comprehensive overview of the direction of trade law in the digital era and its impact on the Indonesian economy and society, with a focus on the policies implemented and opportunities for future regulatory improvement. Methods: This study focuses on the challenges and opportunities arising from technological advances and e-commerce, and discusses changes in trade law in the digital era in Indonesia. A normative legal approach is used in this study. Digital trade law is examined using a normative approach. Findings: This study highlights several issues, including regulations that do not reflect technological advances, inadequate consumer protection, cybersecurity risks, and regulations that mix digital and traditional business practices. In contrast, the rapid growth of e-commerce in Indonesia, government efforts to build a digital ecosystem, and the potential for global cooperation to resolve international issues present significant opportunities. Conclusions: The results of this study highlight the need for more flexible and comprehensive legal reforms to deal with developments in the digital era. Harmonization of cross-sector regulations, increased cybersecurity, and strengthened consumer protection are key to seizing the opportunities arising from the growth of digital trade in Indonesia. Novelty/Originality of this Study: The study found that digital trade regulations in Indonesia are still lagging behind technological developments, especially in consumer protection and cybersecurity. However, opportunities arise from the government's efforts to build a digital ecosystem and the potential for global cooperation to improve digital trade regulations

    Legal reform and the erosion of deterrence: Reassessing remission and conditional release policies for corruption convicts

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    Background: Granting remission and parole to prisoners is the authority held by the Correctional Institution, in accordance with the provisions contained in Law Number 22 of 2022 concerning Corrections. The main requirement for obtaining remission and parole is the good behavior of the prisoner, and this provision applies to all prisoners without exception, including prisoners involved in criminal acts of corruption. Methods: This study uses the Normative Juridical method with a descriptive analysis approach. The research data was obtained through two sources, namely primary data from Legislation and secondary data obtained from interviews with Class IIA Tangerang Prison Officers. Findings: The results of the study show that the revocation of the Government Regulation has eliminated strict requirements related to granting remission to prisoners involved in corruption crimes, making it easy for corrupt prisoners to obtain it, it has eliminated the deterrent effect for perpetrators and the community. In response to this situation, total reform is needed, namely legal reform, law enforcement officers, and culture. Conclusion: The study concludes that the revocation of strict regulations has made it easier for corruption convicts to obtain remission, weakening the deterrent effect. Therefore, comprehensive reforms in law, enforcement, and legal culture are urgently needed. Novelty/Originality of this article: This article offers a critical and original analysis of the impact of regulatory changes on the remission process for corruption convicts in Indonesia. By combining normative legal review with firsthand insights from correctional officers, it highlights the unintended consequences of deregulation—specifically the erosion of deterrent effects—and emphasizes the urgent need for systemic legal reform, a perspective that has been underexplored in prior studies

    Indonesia and the rohingya crisis: An analysis of the role of transit countries in refugee protection

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    Background:  This article examines Indonesia's role as a transit country in handling Rohingya refugees fleeing violence and persecution in Myanmar. On the other hand, this study also highlights ad hoc policies and humanitarian practices carried out by the central government, local governments, international organizations, and local communities in Aceh in accommodating and assisting Rohingya refugees. Methods: Using a normative legal approach and policy analysis, this study evaluates Indonesia's national legal framework which does not specifically regulate refugee status, thus creating challenges in providing long-term protection. Findings: The results of the study show that although Indonesia is not a party to the 1951 Refugee Convention, the principle of non-refoulement and the value of human solidarity have been the basis of a relatively consistent temporary policy. Conclusion: This article recommends the need to strengthen national regulations, multi-party coordination mechanisms, and increase the capacity of related institutions so that Indonesia can carry out its role as a transit country more effectively, humanely, and in line with human rights principles. Novelty/Originality of this article: This study offers a comprehensive analysis of Indonesia's role as a transit country in handling Rohingya refugees, which has previously been rarely studied in depth from a national legal and policy perspective. This study also raises the importance of integrating the principle of non-refoulement into domestic regulations as an innovation in more sustainable refugee protection policies

    Exploring the potential crimes and legal liability of artificial intelligence within the framework of Indonesian criminal law

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    Background: This research examines the potential criminal offenses that can be committed by Artificial Intelligence (AI) and the implications of criminal law liability for them in the context of Indonesian law. AI, which is increasingly developing with its autonomous capabilities, has the potential to result in new criminal offenses that have not been fully anticipated by the existing legal system. Potential AI crimes, such as deepfakes and criminal offenses by autonomous vehicles, represent a significant threat to public safety and privacy. While some developed countries have begun to regulate the use of AI, Indonesia does not yet have specific regulations governing AI and its potential threats. Method: This research uses a juridical-normative method with conceptual, case, and statutory approaches, to analyze the concept of criminal liability in AI crimes. Findings: By considering legal doctrines, this research proposes that responsibility for the actions of AI, which cannot yet be considered an independent legal subject, should be transferred to humans as developers or users through the doctrines of in loco parentis and Vicarious Liability. Through this approach, AI is treated as a human-controlled tool, so legal liability remains with the entity that has direct control. Conclusion: This study expects proactive steps from the Indonesian government to develop clear regulations on AI, to ensure the protection of the public from the risks posed by AI. The regulation should be able to accommodate the rapid development of technology while educating the public on the risks of AI. Novelty/Originality of this Study: This research highlights the absence of specific AI regulations in Indonesia and offers a legal framework by applying the doctrines of in loco parentis and Vicarious Liability to AI-related offenses. It provides a new perspective on assigning liability in AI crimes, ensuring that responsibility remains with human actors while addressing the legal gaps in Indonesia’s regulatory framework

    Evaluation of employee salary systems through the lens of sharia economic law

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    Background: Salary/Wages are payments for services performed by employees within a month. The payroll department plays a crucial role in ensuring company sustainability and preventing payroll fraud. While some employees work solely for financial compensation, others view salary as one of many benefits gained from employment. This study examines the effectiveness of the payroll system at Solah Tampah Hills villa. Method: This study uses a qualitative approach with observation, interviews, and documentation for data collection. The inductive method is applied to analyze empirical field data, which is then interpreted to draw conclusions. Through descriptive analysis and case studies, this research assesses the effectiveness of the payroll system at Solah Tampah Hills villa. Findings: The results of the study indicate that the payroll system at the Solah Tampah Hills villa has been implemented well and is carried out by following the Company Standard Operating Procedures that have been determined by the company. This means that the employee payroll system at the Solah Tampah Hills villa has been running effectively. Conclusion: The study concludes that the payroll system at Solah Tampah Hills villa is effective, as it follows the company's Standard Operating Procedures (SOP). Proper implementation ensures smooth salary distribution and minimizes payroll fraud, contributing to overall business sustainability. Novelty/Originality of this Study: This study provides an in-depth qualitative analysis of the effectiveness of the payroll system at the Solah Tampah Hills villa, highlighting its adherence to SOPs. The research offers a unique perspective on payroll system implementation within the hospitality sector, contributing to the understanding of payroll management effectiveness in business operations

    Harmonization of laws regulating the formation of village government work plan drafting teams

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    Background: This research aims to analyse the arrangements related to the formation of the Village RKP Compilation Team as stipulated in Permendagri 114/2014 and Permendesa PDTT 21/2020 and to analyse legal harmonisation efforts related to conflicts between Permendagri 114/2014 and Permendesa PDTT 21/2020. Methods: This research is a normative legal research that prioritises conceptual and statutory approaches. Findings: The results confirm that the authority to form the Village RKP Compilation Team has moved to the Ministry of Villages, Development of Disadvantaged Regions and Transmigration so that regulations from the ministry are prioritised for use. Conclusion: The resolution of norm conflicts between Permendagri 114/2014 and Permendesa PDTT 21/2020 regarding the formation of the Village RKP Compilation Team can be done by harmonising regulations using the principle of preference, specifically the principle of lex superior derogate legi inferiori in harmonising authority in village development and the principle of lex posterior derogate legi priori in harmonising regulations on the formation of the Village RKP Compilation Team. Novelty/Originality of this article: Through harmonisation using the principle of preference, the regulation on the formation of the Village RKP Compilation Team regulated by Permendesa PDTT 21/2020 takes precedence over its use

    Optimalisasi peran pihak ketiga yang berkepentingan dalam praperadilan melalui penegakan hukum menuju pembaharuan hukum acara pidana

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    This article will explain the important role of third parties in pretrial institutions and analyze the legal standing of non-governmental organizations in reforming criminal procedural law. The additional interpretation made by the Constitutional Court Decision provides legal standing to the community represented by Non-Governmental Organizations as supervisors of possible errors or arbitrariness in terminating investigations or discontinuing prosecutions. Furthermore, in reforming the criminal procedure law, Commissioner Judges, who in the RKUHAP have duties and authority that have advantages compared to the Pretrial Institution in the KUHAP, are expected to also provide access to interested third parties, one of whose subjects is the public, to submit applications freely in accordance with the certain requirements

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