Arkus

Balancing Economic Growth and Social Equity: A Legal and Conceptual Analysis of Indonesian Agrarian Reform in the Agribusiness Sector

2024-11-06T04:44:00+00:00

Indonesia faces the persistent challenge of balancing economic growth with social equity in its agribusiness sector. This study analyzes how legal and conceptual aspects of agrarian reform policies contribute to this balancing act, particularly in the context of rising agribusiness investment and the persistence of smallholder farming. A normative juridical method was employed, incorporating statute, historical, and conceptual approaches. Legal documents, historical records, and academic literature were analyzed. Simulation data, based on government statistics and existing research, was used to model the potential impact of different policy scenarios on economic growth and social equity. Indonesia's legal framework, while promoting land redistribution and tenure security, exhibits inconsistencies that can favor large-scale agribusiness interests. This can lead to unequal access to land and resources, potentially hindering inclusive growth. Simulation data suggests that strengthening land tenure security, improving access to finance, and promoting sustainable agricultural practices can contribute to both economic growth and social equity. In conclusion, optimizing agrarian reform requires a more nuanced approach that prioritizes social equity alongside economic growth. This includes strengthening land rights for smallholder farmers, improving access to resources, and promoting sustainable agricultural practices.

Electronic Certificates in Indonesia: Enhancing Legal Certainty or Introducing New Challenges?

2024-11-12T03:50:20+00:00

The Indonesian government is moving towards digital transformation in land administration by introducing electronic certificates (e-certificates) through the Regulation of the Minister of ATR/BPN Number 1 of 2021. This initiative aims to improve the security and legal certainty of land ownership, building upon existing programs like the Complete Systematic Land Registration Program (PTSL). This study used a normative legal research method to investigate the opportunities and challenges associated with implementing e-certificates in Indonesia. Primary legal sources, such as the Electronic Information and Transactions Law (UU ITE) and relevant ministerial regulations, were analyzed. Secondary data from legal journals, academic publications, and theses were also examined. The study revealed that e-certificates offer several advantages, such as increased efficiency in land administration, potential integration with blockchain technology, and improved land mapping and survey processes. However, challenges remain, including cybersecurity risks, limited technological infrastructure, and the digital literacy gap. Furthermore, the legal status of e-certificates as evidence in court, while recognized by the Ministry of ATR/BPN and UU ITE, requires further clarification within the Indonesian legal framework. This study concludes that e-certificates hold the potential to modernize land administration and enhance legal certainty in Indonesia, but successful implementation requires addressing critical challenges and ensuring comprehensive legal and regulatory clarity.

COVID-19 and Patient Rights: A Comparative Analysis of Legal Protection Mechanisms at Citra Medika Hospital Indonesia and International Standards

2024-11-26T02:57:18+00:00

The COVID-19 pandemic presented unprecedented challenges to healthcare systems globally, highlighting the critical need for robust legal frameworks protecting patient rights. This study investigated the legal protection mechanisms for COVID-19 patients at Citra Medika Hospital, Indonesia, comparing them with international standards. This empirical legal study employed a descriptive approach. Data collection involved a comprehensive review of hospital regulations, national laws, and international guidelines. Observations of hospital practices were conducted, and semi-structured interviews were held with hospital staff and COVID-19 patients. Qualitative analysis focused on key patient rights: information, consent, confidentiality, second opinions, and access to medical records. Citra Medika Hospital demonstrated efforts to protect patient rights, including informed consent procedures, confidentiality protocols, and provisions for accessing medical records. However, gaps were identified concerning the clarity and accessibility of patient information and the practical implementation of the right to a second opinion. In conclusion, while Citra Medika Hospital has established some mechanisms to protect patient rights during the COVID-19 pandemic, further enhancements are needed to align with international best practices. Recommendations include improving patient information materials, strengthening procedures for second opinions, and enhancing staff training on patient rights.

Blurring the Lines: An Analysis of Jurisdictional Overlap between General Courts and State Administrative Courts in Indonesia

2024-11-26T07:54:55+00:00

The Indonesian legal system adopts a dual court system, comprising General Courts and State Administrative Courts (PTUN), each with distinct jurisdictions. However, ambiguities arise when State Administrative Decisions (TUN) involve elements of civil law, leading to jurisdictional overlaps and potential conflicts between these courts. This overlap creates confusion and uncertainty for litigants seeking legal recourse. This study employed a qualitative legal research methodology, involving a comprehensive analysis of relevant legislation, including Law No. 5 of 1986 on State Administrative Courts, Law No. 48 of 2009 concerning Judicial Power, and related regulations. Additionally, the study examined relevant case law from both General Courts and the PTUN, spanning from 2018 to 2024, to identify patterns and trends in jurisdictional disputes. The research identified recurring areas of jurisdictional overlap, particularly in cases involving land disputes, contractual disputes with government entities, and disputes arising from the execution of TUN decisions. Analysis of case law revealed inconsistencies and contradictions in how courts have resolved these overlaps, leading to legal uncertainty for litigants. In conclusion, the jurisdictional overlap between General Courts and the PTUN presents a significant challenge to the Indonesian legal system, undermining legal certainty and access to justice. This study proposes potential solutions, including clearer legislative guidelines, enhanced judicial training, and the establishment of a dedicated mechanism for resolving jurisdictional conflicts.

Beyond the Law: Exploring the Moral and Philosophical Dimensions of Pancasila in Promoting a Human Rights Culture in Indonesia

2024-12-16T06:00:56+00:00

This research delves into the moral and philosophical dimensions of Pancasila, Indonesia's national philosophy, and its potential to foster a robust human rights culture in the country. It examines how the five principles of Pancasila, which encompass divinity, humanity, unity, democracy, and social justice, can shape individual and collective attitudes toward human rights, transcending legal frameworks. This study employs a qualitative approach, utilizing a combination of document analysis, case studies, and historical and contemporary literature review. The research analyzes relevant legal documents, including the Indonesian Constitution and human rights laws, alongside philosophical interpretations of Pancasila and its application in Indonesian society. The study reveals that Pancasila's inherent values align with the core principles of human rights, emphasizing human dignity, justice, and equality. By promoting these values, Pancasila can foster a sense of responsibility and respect for human rights at all levels of society. However, the study also identifies challenges in fully realizing this potential, including socio-cultural barriers, historical legacies, and varying interpretations of Pancasila. In conclusion, Pancasila offers a powerful moral and philosophical framework for cultivating a human rights culture in Indonesia. By strengthening the understanding and application of Pancasila's principles, Indonesia can promote a more just and equitable society that upholds the rights of all its citizens.

Forest and Land Fire Management in Indonesia: Unveiling the Implementation Gaps of Law No. 32 of 2009 in Palembang

2024-12-26T01:23:33+00:00

Forest and land fires (Karhutla) pose a significant environmental threat in Indonesia, particularly in Palembang. Law No. 32 of 2009 on Environmental Protection and Management provides a framework for fire prevention and mitigation. This study evaluated the law's implementation effectiveness in addressing Karhutla in Palembang. A socio-legal approach was employed, utilizing primary data from interviews with key informants (government officials, law enforcement, community leaders, and residents affected by fires) and secondary data from legal documents, reports, and academic literature. Qualitative data analysis techniques were used to identify themes and patterns. The study revealed that Law No. 32 of 2009 has not been effectively implemented in Palembang. Weaknesses were identified in law enforcement, inter-agency coordination, resource allocation, and community engagement. While a clear legal framework and stakeholder support exist, implementation is hindered by limited resources, inadequate sanctions, and low public awareness. In conclusion, to improve Karhutla management, strengthening law enforcement, enhancing inter-agency coordination, increasing public legal awareness, and ensuring adequate resource allocation are crucial.

Disparity in Sentencing and the Effectiveness of Indonesia's Narcotics Law: A Critical Analysis of Law No. 35 of 2009

2024-12-30T01:26:49+00:00

Drug abuse in Indonesia remains a pervasive issue with significant social, economic, and health implications. Law No. 35 of 2009 concerning Narcotics was enacted to combat this problem through comprehensive provisions encompassing prevention, criminalization, and rehabilitation. This study critically analyzes the implementation of Law No. 35 of 2009, focusing on sentencing disparities and their impact on achieving the law's objectives. This study employed a qualitative approach with a normative legal analysis. Primary data sources included Law No. 35 of 2009, related regulations, court decisions, and legal documents. Secondary data comprised academic publications, reports from government and non-government organizations, and expert opinions. Data analysis involved a comprehensive review and thematic analysis of the collected materials, focusing on identifying patterns, inconsistencies, and challenges in the application of the law. The study revealed a significant disparity in sentencing under Law No. 35 of 2009. Drug users, often suffering from addiction, frequently receive harsher punishments than drug dealers, who play a more significant role in the illicit narcotics trade. Judges often fail to differentiate between users and dealers, leading to inappropriate sentencing. Despite provisions for rehabilitation, many users end up incarcerated due to limited access to treatment facilities and programs. In conclusion, while Law No. 35 of 2009 provides a comprehensive legal framework for addressing drug abuse, its implementation reveals significant shortcomings, particularly concerning sentencing disparities. Judges need comprehensive training to understand the nuances of the law and apply it fairly, considering the roles of different actors in drug-related offenses. Increased investment in rehabilitation programs and facilities is crucial to offer effective treatment options for drug users, reducing recidivism and promoting reintegration into society.

The Kidfluencer Phenomenon and Modern Slavery: A Critical Analysis of Indonesia's Legal Framework in Protecting Children from Digital Exploitation

2024-12-30T05:47:30+00:00

The digital era has ushered in unprecedented opportunities for children to engage with online platforms. However, this increased accessibility has also exposed them to new forms of exploitation, including the "kidfluencer" phenomenon. This study examines the legal framework in Indonesia concerning child digital exploitation, focusing on the adequacy of existing laws in protecting children involved in the creation of digital content for commercial purposes. This research employed a qualitative legal research methodology. It involved a comprehensive review of relevant national legislation, international legal instruments, academic literature, and reports from governmental and non-governmental organizations. A comparative analysis was conducted to assess the alignment of Indonesian laws with international standards for child protection. The study revealed that while Indonesia has ratified international conventions and enacted laws related to child protection, gaps exist in addressing the specific nuances of digital exploitation. Existing laws primarily focus on traditional forms of child labor and abuse, lacking explicit provisions for online exploitation, particularly within the context of the kidfluencer phenomenon. In conclusion, this research highlights the urgent need for Indonesia to strengthen its legal framework to specifically address the exploitation of children in the digital realm. Recommendations include amending existing laws to include explicit provisions on digital exploitation, enhancing law enforcement capacity, raising public awareness, and fostering collaboration between stakeholders such as the government, digital platforms, and civil society organizations.