Mahadi: Indonesia Journal of Law

Green Transportation Policy In Indonesia and Its Future Challenges

Emil Adly, Siti Khairunnissa, Boy Laksamana — Tue, 20 Aug 2024 00:00:00 +0700

Green transportation policies in Indonesia have shown positive progress in reducing the environmental impact of the transportation sector. However, there are still major challenges that need to be overcome to achieve sustainable development goals in transportation. Limited infrastructure, the high cost of green vehicles, and the level of public awareness that needs to be increased are the main focus of this effort. The government needs to expand infrastructure, particularly in building electric vehicle charging stations across Indonesia, to support wider adoption of green vehicles. Active support from the private sector is also important in accelerating the development of environmentally friendly transportation technologies. In addition, consistent and sustainable policy development will provide certainty to investors and industry players to invest in green technology. The high initial cost of green vehicles is a major barrier for consumers. Therefore, appropriate fiscal incentives and subsidies are needed to make green vehicles more affordable and increase their attractiveness in the market. Raising public awareness about the long-term benefits of green transportation is also a crucial strategy through effective education campaigns. With strong collaboration between the government, the private sector, and the active participation of the public, Indonesia can overcome these challenges and achieve green transformation.

The Validity of QR-Code Digital Signature in Contract Towards The Evidence Agenda In Civil Court

Syarifah Lisa Andriati, Dinda Aprilia Batubara — Wed, 21 Aug 2024 00:00:00 +0700

This study delves into the validity of QR-Code Digital Signatures in contractual agreements within the framework of positive law in Indonesia, specifically examining their significance in the evidence agenda of Civil Courts. The objective is to assess the legal provisions surrounding QR-Code Digital Signatures and their potential role as substantial evidence in legal proceedings. By investigating the positive law perspective in Indonesia, the study aims to provide insights for legal practitioners and the public, emphasizing the strategic utilization of QR-Code Digital Signatures to enhance the authenticity of contracts and their admissibility as evidence in Civil Courts. Through this comprehensive exploration, the study aspires to offer a nuanced understanding of the legal standing of QR-Code Digital Signatures, providing valuable insights that contribute to the ongoing dialogue on the intersection of technology and law in the Indonesian context. This research uses normative juridical methods. The result of this research is the QR-Code Digital Signature in the contract is declared valid in positive law in Indonesia. Contracts with QR-Code Digital Signatures can be used as evidence if they meet the requirements in article 11 of the UU ITE. The existence of contracts with QR-Code Digital Signature as valid evidence in court still requires evidentiary arrangements in formal civil law to systematically regulate the process of proof in court so cannot violate the principle of openness of evidence at trial.

Strafbaar Feit as a Reason for Impeachment of The President

Devi Yulida, Rini Anggreini, Nurmalawaty — Mon, 26 Aug 2024 00:00:00 +0700

One of the legal reform agendas in Indonesia is to strengthen the presidential government system by clearly and firmly regulating the reasons for impeachment in the constitution. Article 7A of the 1945 Constitution of the Republic of Indonesia explains that the President and/or Vice President can be impeached for serious offenses such as treason, corruption, bribery, disgraceful acts, and other serious crimes. Considering the extensive powers of the President, it is important to analyze criminal acts further as reasons for impeachment. This research uses a normative juridical approach with descriptive-analytical analysis. Data collection methods are conducted through library research with primary data sources in the form of laws and secondary sources in the form of relevant literature. The research results show that the impeachment mechanism in Indonesia involves the Constitutional Court in assessing the House of Representatives 's accusations against the President, ensuring that impeachment is based on political and legal decisions. Additionally, criminal acts committed by the President can still be pursued in general courts for legal accountability. This aligns with the rule of law principle that ensures everyone is subject to the law without exception. Adjustments by state institutions involved in the impeachment procedure are expected to clarify the implementation of impeachment in Indonesia.

Carbon Trading Literacy for Rural Communities

Mon, 26 Aug 2024 00:00:00 +0700

This research aims to explore the importance of carbon trading literacy in rural
communities within the context of increasing awareness of climate change while
enhancing village income. Understanding the concept of carbon trading becomes
increasingly crucial. North Sumatra, with its diverse natural resources and
economic sectors that have the potential to contribute to carbon emissions, has an
urgent need to enhance carbon trading literacy among its populace. The research
method used is literature review and interviews to gather data using a qualitative
approach. The results indicate that the level of carbon trading literacy is still low,
with limited understanding of the concept, benefits, and implications of carbon
trading. Factors such as lack of access to information, education, and
environmental awareness are major obstacles in enhancing carbon trading literacy
in the community. The findings of this research highlight the urgency to enhance
mentoring and education efforts regarding carbon trading.

Legal Protection of Traditional Knowledge of Indigenous Peoples in Obtaining Economic Benefits, Human Rights Perspertive

Marthen B Salinding, Aris Irawan — Mon, 26 Aug 2024 00:00:00 +0700

This research is intended to reveal that traditional knowledge as part of human rights, is the result of innovation and creation of indigenous peoples in terms of knowledge, art, and literature. Traditional knowledge as intellectual property of indigenous peoples is therefore an economic resource that can be utilised for the progress and welfare of indigenous peoples. The research method used is normative juridical with conceptual and statutory approaches. Government efforts in protecting traditional knowledge as intellectual property of indigenous peoples through legislation. Other efforts that can be made are through inventory or documentation of traditional knowledge in an area and can be done by publishing the traditional knowledge as widely as possible. The factor behind the traditional knowledge of indigenous peoples has not provided optimal economic benefits for the welfare of the indigenous peoples concerned is the perspective of the indigenous peoples themselves, namely prioritising the public interest, as well as the lack of knowledge to make traditional knowledge into commodities that provide economic benefits.

The Legal Policy Framework for The Management of Development and Rural Spaces After The Entry into Force of The New No. 6 Year 2023 on The Establishment of Government Regulations to Replace The Law No. 2 Year 2022 on The Creation of Jobs to Become a Law

Fatkhul Muin — Sat, 31 Aug 2024 00:00:00 +0700

The spatial policy is a key instrument in creating the use of the spaces that exist in Indonesia, ranging from the level of central government, provincial government, district government to the village level. Spatial law policy, generally at the most basic level, where the village has a strategic role in the space management framework. In accordance with article 48 of the Act No. 6 of 2023 on the Establishment of Government Regulations to Replace the Law No. 2 of 2022 on the Creation of Works into Law, that the Rural Area Design is directed to: 1) empowerment of rural communities; 2) defence of the quality of local environment and the Territories supported by it; 3) conservation of natural resources; 4) preservation of local cultural heritage; 5) defense of perennial agricultural land for food sustainability; and 6) maintenance of the balance of rural-urban development. The basic concept of rural spatial planning is oriented towards the interests of empowerment of society. In this study analyzes related to the village spatial law policy in a legal perspective. By using normative law research.

Carbon Trading Literacy in Coastal Communities of Gampong Sungai Lueng-Langsa

Fri, 30 Aug 2024 00:00:00 +0700

Carbon trading is an activity of buying and selling carbon credits, where the buyer produces carbon emissions that exceed the specified limits. This is regulated in Presidential Regulation (Perpres) Number 98 of 2021 concerning the Implementation of the Economic Value of Carbon to Achieve Nationally Determined Contribution Targets. and Controlling Greenhouse Gas Emissions in National Development. Carbon trading is currently a priority program in the government to reduce greenhouse effect emissions, air conditioning, air pollution and factory waste which result in uncontrolled climate change. Through carbon trading literacy, the public can understand the importance of preserving mangroves in Gampong Sungai Lueng. The use of mangroves is very necessary to control carbon and community economic growth, so from the results of this research the community needs knowledge about carbon trading which is currently included in the government's priority program amidst carbon trading which is currently still an issue that must continue to be socialized to the community. Efforts to preserve mangroves as a marine resource for sustainable development in order to create conditions that are free of emissions from the impact of greenhouses, air conditioning, pollution and waste from factories that pollute the environment which has an impact on society, this is also the case at all times for the environment in all regions in Indonesia.

Legal Analysis of the Cihujung River Environmental Pollution Case by PT How Are You Indonesia (PT. HAYI) (Case study: Indonesia Disctrict Court Decision Number 735/PDT.G LH/2018/PN.Jkt.Utr)

Chandra Halim, Shecillia — Fri, 30 Aug 2024 00:00:00 +0700

Environmental pollution, especially river water pollution, is a crucial issue that has far-reaching impacts on ecosystems and public health. This pollution is often caused by irresponsible industrial activities, as seen in the case between the Ministry of Environment and Forestry of the Republic of Indonesia and PT How Are You Indonesia. Through strict law enforcement and the application of the principle of absolute liability, it is hoped that a deterrent effect can be created for the perpetrators of pollution and encourage better protection of the environment. In a verdict that partially granted the lawsuit of the Ministry of Environment and Forestry of the Republic of Indonesia against PT How Are You Indonesia, the judge found the defendant guilty of water pollution based on the principle of absolute responsibility. The defendant is required to pay compensation of more than 12 billion rupiah and daily forced money of 10 million rupiah if it is late in implementing the decision. Corporate liability for environmental pollution is regulated in Law No. 32 of 2009, but several aspects of the verdict need further review, such as the relationship between strict liability and tort, the clarity of the purpose of compensation, and the importance of applying additional administrative sanctions. In addition, the Act is considered less effective in establishing a commitment to reduce and reverse environmental damage.

The 1945 Constitution of The Republic of Indonesia and The Constituent Assembly (In The Study of The Composition of Islamic Political Parties In The 1955 and 2024 Elections)

Sandi Kusuma, Urip Giyono — Fri, 30 Aug 2024 00:00:00 +0700

The Republic of Indonesia is a country founded on Pancasila and the 1945 Constitution of the Republic of Indonesia as its constitutional foundation. Throughout its history, Indonesian Muslims have played a crucial role in shaping the nation's foundation, notably through the Constituent Assembly. According to Article 134 of the 1950 United States of Indonesia Law regarding the Amendments to the Provisional Constitution of the United States of Indonesia, the Constituent Assembly, together with the government, was tasked with promptly establishing a new Constitution to replace the Provisional Constitution. The Constituent Assembly was established during the Liberal Democracy period from 1950 to 1959, following the 1955 General Elections, which involved various political parties, groups, institutions, and individuals. The four major parties that garnered the most votes were the Indonesian National Party (PNI), the Indonesian Muslim League (Masyumi), Nahdlatul Ulama (NU), and the Indonesian Communist Party (PKI), representing three major ideological streams: Nationalist, Islamic, and Socialist-Communist. In this context, the author will analyze the composition of Islamic political parties in the 2024 General Elections to understand how the dynamics of Islamic parties and their representation might influence policy formulation and the direction of governance in contemporary Indonesia.

Unveiling Inequalities: The Disability Wage Gap & Unequal Treatment in Neoliberal Workfare Governance in Australia, Indonesia and The United Kingdom (UK)

Chairil Gibran Saragi Turnip — Fri, 30 Aug 2024 00:00:00 +0700

Neoliberal workfare governance policies in Australia, Indonesia, and the United Kingdom have exacerbated inequalities for people with disabilities despite promises of economic growth and personal freedom. This analysis reveals persistent wage disparities, structural barriers, and marginalization faced by individuals with disabilities under market-oriented policies. In Indonesia, efforts to ensure equal opportunities in civil service recruitment have failed due to implementation failures and discriminatory practices. Neoliberal emphasis on market efficiency has prioritized cost-saving measures, perpetuating structural disparities and hindering substantive equality for individuals with disabilities. In Australia, the ongoing wage gap between disabled and non-disabled workers highlights entrenched biases and systemic injustices in the labor market. People with disabilities face significant challenges in securing stable employment, resulting in lower wages and limited career opportunities. In the United Kingdom, empirical research underscores persistent barriers to employment and lower wages experienced by individuals with disabilities, exacerbated by intersecting forms of discrimination. Overall, neoliberal policies have not only failed to reduce but have worsened the conditions for individuals with disabilities. Addressing these challenges requires dismantling structural barriers, promoting inclusive policies, and ensuring equitable access to employment and social support systems. Shifting from market-driven approaches to policies prioritizing substantive equality, social well-being, and human dignity for all individuals, regardless of disability status, is crucial. By challenging neoliberal paradigms and advocating for inclusive reforms, society can move towards a future that is fairer and more equitable for individuals with disabilities.