Criminal Legal Protection for Bona Fide Third Parties Over Assets in Corruption and Money Laundering Cases

Criminal law in Indonesia has yet to guarantee justice and human rights of bona fide (good faith) third parties in protecting their confiscated assets in corruption and money laundering cases. Criminal procedural law is inadequate in providing assessments for bona fide third parties. Therefore, Economics and Anthropology are needed in the investigation stage up to the evidentiary stage during trials. In this research, the main problems are formulated as follows: (1) what is the concept, definition, and scope of the assets of third parties in good faith in the laws and regulations in Indonesia? (2) how is the application of legal provisions regarding the protection of third parties with good intentions in corruption and money laundering? (3) what is the ideal role of the Public Prosecutor and Judge in protecting the property of a third party with good intentions in the criminal justice system? Normative law research conducted in this article showed that (1) the concept and understanding of bona fide third parties in civil law can be adopted in criminal law; (2) the application of legal protection to bona fide third parties over their assets in corruption and money laundering cases still depends on the moral goodness of law enforcement officials; and (3) investigators, prosecutors, and judges play an important role in protecting the human rights of bona fide third parties in corruption and money laundering cases

The Legal Politics of Outsourcing and Its Implication for the Protection of Workers in Indonesia

This research aimed to analyse where the legal politics concerning outsourcing in Indonesia's legal system by scrutinizing its regulation in Book III of the Civil Code and enforcement of the Government Regulation in lieu of Law concerning Job Creation Law Number 6/2023, with its following implication to protect workers at the national level. This research employed doctrinal legal research on legal instruments related to outsourcing with statutory, conceptual, and historical approaches. The research showed that legal politics concerning outsourcing had experienced dynamic congruence with the political configuration when the legislative product on outsourcing was made. The differences emerge where outsourcing is not restricted to certain occupations in Book III of the Civil Code of Indonesia. However, Law Number 13/2003 restricted the definition of outsourcing to occupations not related to core businesses. Law Number 11/2020 and Government Regulation Number 35/2021 fit employers. Both laws govern the legal protection for outsourced employees with the transfer of undertaking to protect employment regarding changing vendors with the condition that the jobs are still available. Meanwhile, the type of work outsourced is unlimited, resulting in a deficit compared to the previous norm

Why Did the Adoption of Constitutional Deferral Lead to Unintended Consequences of Freedom of Association in Indonesia?

A constitutional deferral is an approach utilised by constitutional drafters so that the drafters do not regulate things in detail in the constitution. This approach is believed to provide more opportunity for the constitutional framers to achieve consensus in drafting a constitution. In the end, this helps a constitution last longer. Constitutional deferral also offers some flexibility for the legislative and the judiciary in interpreting the text of the constitution in the future, which may accommodate the original intentions of the constitutional drafters. This paper argues the opposite. In Indonesia, adopting constitutional deferral causes an uncertain future of freedom of association. This paper aims to address two central questions. First, why did the framers of the first constitution adopt constitutional deferral in drafting provisions on freedom of association? Second, what are the consequences of implementing constitutional deferral toward freedom of association in Indonesia? Through historical and doctrinal approaches, the paper concludes (1) that the sharp ideological differences among constitutional drafters when drafting provisions on freedom of association forced them to employ constitutional deferral. (2) The use of constitutional deferral opens more possibilities for inconsistent interpretation by the executive, the lawmakers, and the judiciary when they establish law or adjudicated cases related to freedom of association. Through constitutional deferral, these three branches of government limit freedom of association instead of protecting such freedom

Judaization in Palestine: Is It Genocide According to the 1998 Rome Statute?

The purpose of this study is to analyse the act of genocide in the attempt at Judaization in Palestine based on the 1998 Rome Statute and examine the possibility of categorizing the Judaization of Palestine as cultural genocide because Judaization has changed various aspects of Palestinian life and the Palestinian territories themselves. In addition, cultural genocide has been eliminated from its history, but there are still actions that are assumed to lead to it. This research is a type of normative legal research using a conceptual, statutory, case, and historical approach. The results of this study indicate that the Judaization of land and people in Palestine is a crime of genocide, as stated in Article 6 (c) of the 1998 Rome Statute. At the same time, the Judaization of identity and holy places can be categorized as cultural genocide, according to experts. However, the opinions of experts contained in legal works are subsidiary legal sources and, until now, have not been recognized as customary international law. In addition, the Judaization of identity and holy places within the framework of international law can only be viewed as genocidal intent, not cultural genocide

Legal Consequences of Disobedience of Provisional Decision of the Administrative Court

The existence of a legal vacuum in the State Administrative Court (PTUN) procedural law relating to the execution of the PTUN Provisional Decision raises the issue of Judicial Disobedience by state administrative institutions that do not want to carry out the PTUN Provisional Decision. Departing from this, there are two main problem formulations, namely: (1) What are the characteristics of PTUN provisional decisions? and (2) What is the formulation of legal protection against non-compliance with PTUN provisional decisions? Furthermore, this legal research uses a statutory approach, a conceptual approach, and a case approach. Based on an examination of existing legal issues, it can be concluded that provisional decisions are known in PTUN procedural law practice, where provisional decisions are submitted for matters deemed essential (urgent circumstances) by the Plaintiff to the Panel of Judges to be decided in an Interim Decision. Suppose the Party ordered by the PTUN does not implement the PTUN provisional decision. In that case, 2 (two) legal preventive mechanisms and 3 (three) legal repressive remedies can be taken in stages: 1) Sending a letter to the relevant agency, 2) Reporting to the Ombudsman, and 3) Using Criminal Law Mechanisms

Can the Right to A Good and Healthy Environment be Claimed as a Human Right?

Land fires in South Sumatra are an annual problem during the long dry season. It was recorded that in 2015, 2016, 2017, and 2018, the land fires spread massively in the four districts of South Sumatra. The peatlands located within oil palm plantations in the Districts of Ogan Komering Ilir, Banyuasin, Musi Banyuasin, and the district of Ogan Ilir were the source of the fire. The haze not only attracts national but also international attention. Besides human contribution to land fire, climate change should also be considered. The role of El Nino makes the season uncertain. Land fires affect human health and other human activities in the affected areas. Three legal instruments guarantee and protect the people's right to the environment, i.e., The 1945 Indonesian Constitution, the 2009 Law No. 32 on the Environment, and the 1999 Law No. 39 on Human Rights. The problem raised herein is to what extent people can claim the right to a clean environment as human rights guaranteed and protected in those legal instruments. The results of the discussion show that those three legal instruments do not protect people whose human rights have been violated. This is because 2000 Law No. 26 on Human Rights has no jurisdiction over environmental matters. It is suggested that establishing a special Environmental Court is the solution to protect community environmental human rights cases

Does the Reform of the Parliamentary and Presidential Threshold Strengthen the Presidential System in Indonesia?

The attempt to purify Indonesia's multiparty presidential system was only reflected after the Third Amendment to the 1945 Constitution. However, it took work to implement it. In practice. Various measures have been taken, including party alliances and introducing voting barriers in parliamentary elections. Therefore, analysing the relationship between electoral thresholds and their ideal proportions in the form of legal-political reforms to strengthen the Indonesian presidential system is interesting. This is in line with the purpose of this study, which is to uncover and analyse the legal politics of electoral thresholds in an attempt to strengthen the presidential system of government in Indonesia. The approach adopted in this study is a theoretical approach with legal, conceptual, comparative and historical approaches. This study concludes that the legitimate political renewal of the electoral vote threshold is not closely related to efforts to strengthen Indonesia's system of multiparty presidential government. The ideal way to reform the legal, political threshold for electoral votes would be to set the parliamentary threshold at 2.5%, but at the same time tighten controls over the parties participating in the election, and the 2.5% threshold serves as President to maintain a balance between the parliamentary and presidential thresholds. In addition, it is also important to strengthen consensus (consensus democracy) among coalition political parties. There is still a desire to abolish the presidential threshold through the People's Representative Council (DPR) instead of the Constitutional Court (MK)

Illicit Cigarette Trade in Indonesia: Trends and Analysis from the Recent Judgments

The illicit cigarette trade has begun to receive scholarly attention globally. Empirical studies on the illicit cigarette trade are available in the context of Indonesia. However, the Indonesian judicial system lacks a focus on treating illegal practices. To fill the gap, we examine Indonesian court decisions involving the illicit cigarette trade between 2010 and 2019. We provide an overview of the enforcement of Indonesia’s Excise Law 2007 relating to offences related to the illicit cigarette trade. By using a systematic quantitative literature review, we collected data on Indonesian court decisions and found the following: (1) convictions for the practice of illicit trade in cigarettes were relatively steady, with a total number from one to six court decisions annually; (2) certain offences from Indonesia Excise Law 2007 have not been found in the convictions, suggesting their underutilisation in terms of monitoring and enforcement effort; (3) the primary motivation of illicit cigarette traders as reported through the judicial system is the economic benefit or “profit” available to the enterprise; and (4) the sentencing decisions are dominated by the application of the “cumulative principle” with fines and imprisonment applied at the same time. The finding on the average length of imprisonment for illicit cigarettes, which was around 18 months, shows that this crime has low risk compared with the punishment for illicit trade in drugs and narcotics in Indonesia

Standardisation of Foreign Labour Investigation of Mineral Mining Company

The era of free trade, including trade in labour services, has been confirmed in the General Agreement on Trade in Services, which guarantees everyone the right to work anywhere, including in Indonesia, without discrimination while complying with Indonesian national laws. However, the entry of foreign workers raises several problems in the social and economic fields as well as security and order regarding the placement of these foreign workers. Regulation over the workers is ineffective because only a few authorities are delegated to the local government. This study aims to determine and measure the effectiveness of supervision of foreign workers by the Department of Manpower and Transmigration of the Central Sulawesi Province and to describe the supervision standards of foreign workers that already exist and should be implemented. The empirical legal research is used to examine the provisions of the supervision of foreign workers through observation, in-depth interviews, and focus group discussions. The data that have been collected are processed, classified, qualified, and then analysed qualitatively. The study found that only a few authorities regulated the duties and functions of supervision. The standard of foreign worker supervision has yet to be specifically regulated, so it still faces obstacles regarding coordination between the authorised agencies

The Use of Physical Strength in Children’s Education: Learning from Indonesian Court’s Judgments

This article explores the limitations of using physical force in educating children in Indonesia. It examines the prevalence of violence by parents and teachers in education. Increased public awareness and concern for children's rights have made the use of violence in education a taboo. This research uses a qualitative method with secondary data using literature and analysing court decisions from the human rights perspective. This study aims to determine the limits of tolerance for violence and corporal punishment. The court decisions have been taken as the data to be analysed from various locations where decisions have been issued were taken into consideration to depict the similarities and differences in deciding matters related to corporal punishment towards children. This article examines historical, cultural, and religious factors that influence the use of physical force, including interpretations of Islamic teachings. This paper also presents arguments for and against corporal punishment as an educational tool. This research sheds light on the complexities surrounding the permissibility of physical force in children's education and the conflicting views in society, providing insight into evolving understandings and legal perspectives on the subject