Journal of Interdisciplinary Legal Issues

THE PHENOMENA OF AUTOCRATIC LEGALISM IN THE POST-COVID-19 PANDEMIC AND HOW THE CONSTITUTIONAL COURT HAS A ROLE AS GUARDIAN OF THE CONSTITUTION

Rahmat Said, Zakky Ustmani, Chatrine Sabendi Putri — Tue, 18 Jun 2024 14:05:02 +0700

Autocratic legalism as a problem of the arbitrariness of power which is based on the construction of legitimate law becomes a serious problem compared to authoritarianism because of acts of the arbitrariness of power. Autocratic legalism is carried out by manipulating the law, the arbitrariness of power then does not seem to conflict with the law. This is certainly a threat to democracy. For this reason, this study aims to examine the problem of how autocratic legalism practices in Indonesia occurred after the Covid-19 pandemic. This paper also tries to explain how the Constitutional Court as the guardian of the constitution helps to perpetuate the practice of autocratic legalism through its decisions. This study uses the socio-legal method and using secondary data. The results of the study show that there are indicators of autocratic legalism by the DPR in making the third amendment to the Constitutional Court Act. Furthermore, the deviation from the Constitutional Court's decision on the Job Creation Law which was conditionally ruled unconstitutional by the Government by issuing Perppu 2/2022. Lastly, the Constitutional Court in its several decisions also seems to perpetuate the practice of autocratic legalism

EVALUATING INTERNATIONAL COURT OF JUSTICE’S MECHANISM : NICARAGUA V. UNITED STATES AND UKRAINE V. RUSSIA

Vernanda Hendri — Tue, 18 Jun 2024 14:06:53 +0700

The International Court of Justice had imprecisely analyzed the aspect of the court’s jurisdiction and collective self-defense in two cases that correlate with each, namely Nicaragua v. the United States and Ukraine v. Russia. By deviating from the several fundamental principles of International Law, the imprecisions in the court’s analysis render an ineffective judgment where states repudiate to comply. Moreover, a part of the imprecise ratio decidendi is implemented as a precedent for future cases, causing the non-compliance issue to be repeated repeatedly. The core ground that causes the implementation of ratio decidendi that departs from International Law is the obsolete textual interpretation method used by the International Court of Justice. The strict use of the judicial restraint doctrine prohibits the judges from establishing any new interpretation even when it contradicts International Law. Therefore, this research will examine the International Court of Justice’s inaccuracy in analyzing the Nicaragua v. United States and Ukraine v. Russia cases in the matter of the court’s jurisdiction and interpretation of collective self-defense articles, including the precedent that is likely to be implemented in the ongoing Ukraine v. Russia case. By using the combination of legal and linguistic interpretation science, the core cause of the inaccurate interpretation can be found and at the conclusion of this research will suggest an interpretation method and substantive judicial approach that suits the court the most.

SUSTAINABLE FOOD MOVEMENT: REGULATING FOOD LOSS AND WASTE IN INDONESIA

Cenuk Sayekti, Franky Butar Butar — Tue, 18 Jun 2024 14:08:23 +0700

Food wastage is an urgent issue affecting significant food deprivation and adverse environmental impacts. However, food loss and waste (FLW) in Indonesia have always been the problem everyone is talking about. As one of the largest contributors to FLW in the world, Indonesia does not have specific regulations regarding this issue. How FLW is handled in Indonesia and what challenges hinder the success of food waste prevention in Indonesia will be analyzed in this article. This article aimed to explore the role of law in preventing the causes of food loss and waste: a structural failure to value food. A qualitative and comparative approach were chosen to analyze the research issue. The paper finds that some obstacles hinder the prevention of FLW in Indonesia. Lack of direct regulation, lack of technology, and socio-cultural barriers.

DIVERGENCE OF HUMAN RIGHTS INTERPRETATIONS: BETWEEN THE INDONESIAN CONSTITUTION AND INTERNATIONAL REGIME PERSPECTIVES

Abdul Munif Ashri — Tue, 18 Jun 2024 00:00:00 +0700

Although human rights are validated and legitimized mutually by domestic and international law, different interpretations of institutions in those two legal orders are still possible. Such problems are called “divergence questions.” This Article analyzes the differences in interpretation between two interpretive institutions, namely the Indonesian Constitutional Court (MKRI) and international human rights bodies. This study reviews the MKRI's Decision regarding The Law on the Truth and Reconciliation and the Blasphemy Law cases. These two Decisions indicate divergent interpretations, especially concerning the issue of blanket amnesty and freedom to manifest religion. The Author argues that this divergence can occur due to two factors, id est: (1) extensive interpretations by international interpretive institutions, which do not always gain acceptance by States, and (2) the clash of ideologies surrounding Indonesian constitutional thinking, in which liberalism –as a political idea that is closely related to human rights– tends not to attain a significant position compared to its competing thoughts, such as integralism.

INDONESIA - AUSTRALIAN COAST GUARD COOPERATION: AN INTEGRATIVE PARTNERSHIP IN CONTROLLING CROSS-BORDER CRIME

Kiki Apriliyanti, Dafri Agussalim , Sri Wiyanti Eddyono — Tue, 18 Jun 2024 14:12:07 +0700

The Indonesia-Australia border has become a critical concern for both countries since the rise of cross-border crime has threatened the stability of national security. IUU Fishing as a dominant crime is associated with other crimes such as migrant smuggling, human trafficking, and modern classification. The impact is global since the victims come from various countries. Therefore, the Indonesian Coast Guard (BAKAMLA) cooperates with the Australian Border Force in controlling it. The study aims to analyze the cooperation between the Indonesian-Australian Coast Guard and integrated interagency in handling cross-border maritime crimes. This research used qualitative methods. Data obtained from 9 ministries/agencies and embassies of 2 countries supported by related scientific articles. The study result indicates that in controlling cross-border crimes, the Coast Guards of both countries' cooperation focus on coordinated patrol, human resource capacity building and information sharing. Maritime Domain Awareness-based threat control started from gathering intelligence data to investigations. It requires cross-agency collaboration. This integration involves the coast guard, police, navy, immigration, fisheries agency, sea transportation, ministry of foreign affairs and other technical/supporting agencies. Bounded by the security aspect, victims' and perpetrators' rights are under the country's protection. As a catalyst for followed partnerships, this bilateral cooperation creates a spillover effect for coast guards in the Southeast Asian region. The ASEAN Coast Guard Forum initiation is expected to strengthen the balance of power efforts in the South China Sea disputes.

QUO VADIS LEGAL PROTECTION FOR CHILD VICTIMS OF SEXUAL VIOLENCE

Jennifer Huang, Debora Natasia Gunawan, Mutiara Rinaldi — Tue, 18 Jun 2024 15:53:25 +0700

Cases of child sexual abuse in Indonesia have risen to an extremely concerning rate. Albeit Indonesia have established Law Number 35 of 2014 on the amendment of Law Number 23 of 2002 on Child Protection as a promissory result post Convention on the Rights of Child ratification, the implementation of aforementioned laws on the protection of children victims of sexual violence are still poor. The Indonesian Ministry of Women and Children Empowerment recorded a number as high as 5,628 cases of sexual violence on children by January to September 2021 alone. In addition, the Commission for Indonesian Child Protection provided that the number of child victims of sexual violence have showed a significant approximately up to 100% increase by 2016 to the end of 2020. The act of sexual violence on children varies in households, academic places, public sectors, and cyberspace. However, law enforcement upon sexual violence cases on children does not always favour the victims. Moreoever, access to justice and legal protection especially in the evidentiary procedure are highly influenced by pressurized social factors. Hence, there needs a more feasible legal enforcement scheme in supporting the victims’ access to justice in favour of the children’s mental condition.