Yuridika

Rise and Fall of Democracy in Regional Government: From Assignment to Election

Muhammad Zulfan Hakim — 2024-09-25

Indonesia has been trying to develop democracy since the early independence. Assignment of the head of the region conducted from 1945 to 1999. After the big reformation in 1999, which started in 2004, Indonesia started a new chapter with the direct election model for regional heads. This research tries to find the philosophy of Indonesia’s choice to select its regional leader according to the law provided. The research is normative research with a conceptual and comparative approach. The results show that the election of regional leaders in Indonesia has not always been in line with the sovereignty of the people and the concept of democracy. Political choice has had a very significant impact. However, as it turns out into practice, as an emerging country in South East Asia, even though an assignment and not by the general election, leaders or regional heads are also considered as democratic as long as it is still on the path of openness, fair game and also according to people’s approval, including if it comes from the regional representative’s choice of candidates.

Criminalizing Civil Law Actions of Default into Criminal Acts of Fraud: A Human Rights Perspective

Yonatan — 2024-09-25

The terms "Default" and "Fraud" and/or “Embezzlement” are often interchanged without clarity of meaning in many discussion forums, both oral and written. This confusion can be seen from the many court decisions that acquit defendants from prosecution which have permanent legal force. The public often hears that law enforcers carry out criminalization, such as witnesses becoming suspects, suspects becoming defendants and so on by shifting the civil legal action of Default to criminal act of Fraud and/or Embezzlement. Using 'criminalization' and 'criminalized' in this article is considered inappropriate, so it has been replaced by 'criminalizing' and 'criminalized'. If there is an action to shift the civil legal act of Default into a criminal act of Fraud and/ or Embezzlement, so from a human rights perspective, it is against the law. By using normative legal research methods, this paper examines how to differentiate civil legal acts of Default from criminal acts of Fraud and/or Embezzlement, how to apply civil compensation in cases where there are already criminal legal remedies, and what is the legal and human rights perspective when criminalization occurs. This paper uses a statutory approach and a case approach. The results show: First, there is a real difference between civil legal acts of Default and criminal acts of Fraud and/ or Embezzlement; Second, the application of compensation can be carried out through criminal and civil procedural law mechanisms; Finally, criminalizing civil legal acts into criminal acts is a form of violation of human rights.

Wallimahtul Ursy as the Embryo of the Birth of Marriage Registration According to Islamic Law

Barzah Latupono — 2024-09-25

This research aims to provide an illustration that by carrying out a marriage according to Islamic religious law without going through a marriage notification at the KUA, known as nikah sirri, then making a walimah to announce the marriage shows that there are no obstacles to the marriage being carried out.This research uses normative juridical research methods using primary, secondary and tertiary legal materials as well as statutory regulations and legal concepts.The results of the research show that if the sirri marriage is carried out by the guardian as a form of announcement to the public, then the marriage is considered valid because the conditions have been fulfilled and are in harmony and can be published which can be interpreted as a form of recording. because previously there was no institution for marriage registration. Walimah shows that a valid marriage has been carried out according to Islamic law, so that there are no longer any obstacles to the marriage. The function of recording according to state law is for everyone to know and serve as evidence for the parties. Making a walimah means wanting to announce the marriage and provide evidence to the public and government that a valid marriage has been carried out so that it can be reported administratively for recording.

Characteristics of Sharia Crowdfunding as an Alternative to Financing the Development of the National Capital City

Dyah Ochtorina Susanti — 2024-09-25

This research started from the construction of the new National Capital City of the Nusantara which has not yet been completed and requires a very large budget. In this regard, a financing model is needed that can be used as an alternative financing for the development of the new National Capital City. The aim of this research is to find the characteristics of sharia crowdfunding as an alternative financing in the process of building the new National Capital City. The research method used is a normative juridical research method with a statutory and a conceptual approach. The results of this research show that there are several characteristics of sharia crowdfunding as an alternative financing for the development of the New National Capital, namely: it is only intended for halal projects and products so that it complies with sharia principles and is free from interest rates; there is fairness in the distribution of profit and loss margins using a profit-sharing system; and supervised by the Sharia Supervisory Board.

Lethal Autonomous Weapon Systems and Automation Bias

Gökhan Güneysu — 2024-09-25

Autonomy in weapon systems is already a genuine concern. States try to come up with their own definitions of these systems and pay utmost effort to impose their own understanding of these systems upon other states. For a fairly high number of states barring a total ban on such weapons would be the ideal solution; however, such states that are anxious about the increase in autonomy in war-making capabilities, as adopts a second-best scenario to contain risks created by the deployment of such systems. To this end, placing them under meaningful human control emerges as an important political and legal objective. The author believes that placing autonomous weapons under human supervision, despite its initial promise, will yield negative results. This is due to the fact that humans tend rather to be too willing to follow the solutions generated by autonomous systems. First observed in other industries of civilian nature like aviation or health, automation bias has the potential to negate most if not all of supervision measures expected to ensure proper implementation of international humanitarian law.

Redesigning the Concept of Law Enforcement in Administrative Violations of General Elections in Indonesia

Jamil Jamil — 2024-09-25

Trial mechanism as the only procedure in resolving election administrative violations is a mechanism that is not in accordance with the concept of law enforcement in administrative law that uses not only the trial mechanism but also direct sanctions. Therefore, the concept of law enforcement in these violations needs to be redesigned, to be in line with the administrative law and be more effective and easier to implement. This study examined the concept of law enforcement in administrative law as a conceptual and theoretical basis in redesigning the concept of law enforcement in election administrative violations. It used legal research methods with statutory, conceptual, and comparative approaches. The results of this study recommend a new concept in resolving election administrative violations by looking at the legal subjects who commit violations and the characteristics of the violations. For the violations committed by non-officials, the law enforcement is sufficient to use direct sanctions. Meanwhile, for the violations committed by officials, if they cause direct losses, it must use a trial mechanism. But, if the violation is only limited to non-compliance with the legislation and does not cause harm to anyone, direct sanctions can be executed. Hence, it is necessary to change the mechanism for resolving election administrative violations as stipulated in the Election Law.