Name: Database Jurnal Hukum
Creator: Hukumonline

Regulations in the business activities of savings and loan cooperatives that allow cooperatives to collect funds from prospective members result in the possibility of issuing product to non-member communities. This study analyzed that the practice of issuing products to non-member communities is a deviation of cooperative's business activity based on the laws and regulations in the cooperative sector and eliminates the identity of the cooperative in the form of the principle of membership, which is the specialty of the cooperative and the purpose of a cooperative business entity for the welfare of its members. The study used a normative approach, which aimed to examine existing regulations and relate to legal principles and theories. This study was descriptive-analytical by explaining, describing, and correlating legal rules and theories with the problems regarding the raise funds business from prospective members. It accounted the cooperative regulations, objectives, and principles of membership in cooperatives to the practice of issuing products to non-member communities that deviate from statutory regulations does not arise. This study showed that the practice of publishing products to non-member communities is a deviation from statutory regulations, objectives, and membership principles in cooperatives. In the meantime, the implementation of cooperatives while maintaining cooperatives' identity requires the role of all cooperative actors, the government, and the general public in preventing and following up on savings and loan cooperative practices that eliminate membership rights for service users.
KEYWORDS: Cooperative Law, Cooperatives in Indonesia, Economic Democracy.

Dhia Novita Adristi

Elisatris Gultom

Pupung Faisal

Legal Aspects of Cooperatives’ Issuance of Products to Non-Member Communities in Indonesia

The defamation reports have increased and shifted under online-based technology through social media. This study considered the defamation issue in Indonesia that alleged Richard Lee, a doctor who shared a beneficial publication through social media about the dangerous skincare product. Richard's audience believed that his content helped them know the hidden truth behind skincare products available in the market. Consequently, the public questioned whether he was liable because he was regarded to share helpful information under the public interest. This study aimed to analyze Indonesia's defamation laws, especially in public interest defense under Article 310(3) of the Indonesian Criminal Code. However, the interpretation for public interest as a crime abolition is unclear, resulting in various courts' decisions that lead to criminalizing internet users. This study used legal research with statutory and comparative approaches. It examined legal norms and practices in Indonesia and compared those in the United Kingdom, Canada, and New Zealand. These three countries adapted defamation law to develop cases, including those alleged defamations for the public interest. While the freedom of expression is enshrined in the constitution, its practice has contradicted defamation provisions outlined in derivative regulations. By comparison, these three countries have precise boundaries and public interest defense is explicit. Those countries have specific rules and lists that needed to be fulfilled for those who use public interest defense. The lists based on previous precedents show how they learn and adapt to the development of public interest defense in many cases. This study concluded that Indonesia does not have specific standards or rules to determine cases categorized as the public interest.
KEYWORDS: Public Interest Defense, Online Defamation, Freedom of Expression.

Kezia Ezekiel

Our Right to Share, Their Right to Know: An Analysis of Public Interest Defense to Defamation

While the COVID-19 pandemic is far from the end, vaccinations have become an inevitable alternative in combating this pandemic. According to the WHO, COVID-19 vaccines are considered public goods. Consequently, they should be distributed equally to the citizens as the fulfillment of the right to health. This study aimed to analyze how COVID-19 vaccinations in Indonesia have been practiced. Also, it examined the government's responsibility to ensure that COVID-19 vaccines are distributed equally in reflecting distributive justice by enquiring to what extent the government's policy on independent vaccination relates to the fulfillment of human rights. This study used a legal research method based on a literature review. This study showed that some aspects of the vaccination are under distributive justice and welfare state. However, the Gotong Royong vaccination policy does not refer to distributive justice and the welfare state, resulting in injustice, discrimination, and economic inequality because it only provides certain privileged citizens access to vaccines. Therefore, the government needs to reconsider the Gotong Royong vaccination, focusing on accelerating the vaccination system for vulnerable individuals and groups.
KEYWORDS: COVID-19, Right to Health, Social Justice, Vulnerable Groups.

Muhammad Rafliansah Aziz

Muhammad Alfitras Tavares

Chalisa Jasmine Azhima

COVID-19 Vaccinations and the Right to Health in Indonesia: Social Justice Analysis

Constitutional guarantees are such a body of interests or basic human rights which are inevitable for each human being. These rights are principally inherent, inalienable, and universal, and therefore, irrespective of race, sex, caste, color, or religion, everyone can enjoy them. Constitutional guarantees are distinct from all other rights and privileges because of at least two unique characteristics, such as intrinsic in nature, and inalienability. These guarantees are crucial in the state-individual relations, and recognized by major laws of the civilized nations, and often enshrined in the national constitutions. For instance, the US Constitution signifies the essence of these rights through the expression of life, liberty, and the pursuit of happiness. Nonetheless, very often, manycitizens across the globe are deprived of these rights on numerous pretends and grounds, and mostly, on the public-private dichotomy. This study examined contemporary legal and philosophical discourses as to whether the constitutional guarantees of human rights apply in the private sectors in Malaysia, India, and the United States. This study used doctrinal legal research methodology with a qualitative approach based on library resources. The findings of this study showed that constitutional guarantees, primarily human rights, are presumed to have been neither created nor made but originated like organic growth. Accordingly, no authority can take them away. By examining various logics from theological to socio-historical points of view and the theory of international law, this study concluded that constitutional guarantees, particularly the equal protection of the law, should apply horizontally to cover both public and private sectors.
KEYWORDS: Constitutional Guarantees, Human Rights, Public-Private Sectors.

Md Toriqul Islam

Arguments to Apply Constitutional Guarantees in the Private Sector

The digital economy and multi-faceted markets have significantly contributed to the efficacy of most transactions governing modern humankind. Digital platforms have become an irreplaceable cross-border asset that has acclimatized with technological advancements. However, there is obscurity in the methods of accommodation of digital economy in competition laws of most jurisdictions globally. Consequently, there are ascertainable issues in competition laws of such jurisdictions. Such issues remain unaddressed due to the absence of evaluation parameters of digital platforms in the conventional market system and culminate into an Implicit and undetected abuse of dominance. This study used the doctrinal method by highlighting the distinctness of contemporary digital markets and their consequential issues. This study explicated the issues in the competition that need to be independently addressed, considering the intricacies of digital platforms. The presence of non-price factors, multi-faceted markets, and data-driven networks being the primary source of such novel issues have been particularly explicated. The established premise was substantiated by way of case studies of major events involving factors such as predation, deep discounting, and data privacy. Elucidation of the competition system in most jurisdictions in Asia and the accommodation of digital platforms in the same was also sufficiently enunciated to present a holistic insight to the established premise. Finally, the authors suggested ways to sufficiently address the issues arising from the distinctness of digital platforms, thereby giving rise to a dynamic and all-inclusive competition.
KEYWORDS: Digital Markets, Competition Law, Data Privacy.

Ankit Srivastava

Aditi Richa Tiwary

Competition Law in Asia: The Interplay of Power Dynamics in the Digital Market

The increasing internet penetration in Indonesia has provided adolescents to expose pornographic content advertently. It inevitably includes other adverse impacts like fraud and violence, which begin with cyberspace. Also, cyberbullies on the internet have become a serious concern on how the government has anticipated it to prevent more practices in this cross-border experience. This study aimed to address the causes and impacts of online-based media on adolescents with the following preventive measures to reduce increasing cases of cyberbullying in Indonesia. This study used legal research in assessing the issue by sourcing primary data from statutory regulations and secondary data from academic resources. This study showed that cyberbullying continues to become an annoying issue among children, adolescents, and adults. The existing regulations provide insufficient protection preventing these practices because it does not specifically regulate its types and forms at defining cyberbullying. It suggested introducing a more specific regulation that outlines cyberbullying in ensuring the protection amidst the more borderless communication to prevent more adverse impacts on victims.
KEYWORDS: Cyberbullying, Information and Technology Law, Child Protection.

Rofi Wahanisa

Rahmawati Prihastuty

Muhammad Dzikirullah H Noho

Preventive Measures of Cyberbullying on Adolescents in Indonesia: A Legal Analysis

Material processing by PT Tukad Mas Kota Bima which has a negative impact, namely the existence of pollution or environmental damage in the East Rasa Nae Subdistrict, Bima City, so that it can be held accountable under criminal law, civil law and administrative law. The purpose of this study was to determine the form of criminal liability for environmental damage due to material processing by PT Tukad Mas Kota Bima. The research method used is empirical legal research with data collection techniques through interviews and documentation. The findings of this study indicate that legal liability for environmental damage due to material processing by PT Tukad Mas Kota Bima can be seen in aspects of criminal law, civil law and administrative aspects. However, the Bima City Government through the Environmental Service has only given a written warning to PT Tukad Mas Kota Bima, which has been operating for decades. Whereas empirical facts have shown that there is quite severe damage, such as waste disposal that can have a health impact on the community and natural damage due to excavations carried out. Criminal liability should be a special concern, NGOs and the community even report on environmental crimes, the report is because the result of material processing causes environmental pollution as one of the elements of criminal acts against environmental pollution.

Hajairin Hajairin

Gufran Sanusi

Aman Ma’arij

Pertanggungjawaban Pidana Terhadap Kerusakan Lingkungan Akibat Pengolahan Material Oleh PT Tukad Mas Kota Bima

This research aims to identify and analyze the implementation of the function of The Assembly at Makassar City Regional in the formatting of responsive regional regulation. The type of research used is socio-juridical with sociological juridical, statutory and conceptual approach. The results show that the The Assembly at Makassar City Regional is still less responsive to formatting regional regulations, because it is not selective in choosing the people's wishes and lacks polite politics in formatting of regional regulations which has the implication of producing less responsive regional regulations, especially regarding the setting of distances in measurement between traditional markets and/or modern markets.

Ismail Ismail

Andi Pangerang Moenta

Zulkifli Aspan

Fungsi Dewan Perwakilan Rakyat Daerah Kota Makassar pada Pembentukan Peraturan Daerah Responsif

Hunting for birds in the Aru Islands as one of the Wallacea regions is a crime that must be overcome to prevent the destruction of Wallacea bird species in Indonesia. This study aims to analyze how the criminal policy of hunting Wallacea birds in the Aru Islands. The research method used is normative jurudic, i.e. analyzing library materials or searching documents related to the problem under study. The approach used is the statutory approach and conceptual approach. Source of data used are secondary data in the form of primary legal materials, secondary legal materials and tertiary legal materials. Data collection methods are the study of literature and analyzed qualitatively. The results showed that hunting birds on the Aru Islands if left unchecked would threaten Wallacea bird species. Efforts to control the crime of bird hunting can be done by using means of punishment and non-punishment. Non-penal means that can be applied through the application of Sasi Cenderawasi and Sasi Walet as a form of local wisdom of the Aru people in maintaining the balance of nature in which they live. While the means of punishment through the application of legislation relating to hunting animals (birds). It is hoped that the Government can add forest police personnel or Nature Conservation Center officers, improve facilities / infrastructure as support activities for the protection and supervision of the nature reserve area. In addition, community participation must be increased through awareness to obey the Sasi rules as local wisdom.

Yanti Amelia Lewerissa

Kebijakan Kriminal Perburuan Burung Wallacea Di Kepulauan Aru

This study aims to optimize the implementation of the legislative function in the village consultative organization.This study usingsociolegallaw research methods, data collection techniques used are interviews, direct observation, literature study. All data obtained from this study, both primary data, secondary data, and tertiary data, are then processed and analyzed qualitatively for further description in order to provide understanding by explaining the results of this study, ideally, it discusses and agrees on a village regulation draft from the right of initiative. The proposal purpose is to gather the aspirations from the village community and stipulated in a village regulation product. However, the implementation of proposals and designs proposed by the Village Deliberative Council was low, resulting in the lack of village regulations being produced. There are 179 villages in Merauke district, none of it has village regulation product initiatively.. The decline performance of the Village Deliberative Council will result in ineffective legislative functions. Appropriate regulations, namely renewal and improvement in terms of Quality, Quantity, Timeliness, Effectiveness, Independence, Environment, become benchmarks in optimizing the legislative function of Village Deliberative Council. Something questionable here is whether the village community can follow the changes or reject the changes.

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