Jurnal Penegakan Hukum dan Keadilan

Freedom of Speech for Twitter Users According to the Constitution

Sukma Fitri Amalia, Septi Nur Wijayanti — Mon, 17 Mar 2025 00:00:00 +0700

Freedom of speech is the main pillar of a country with democratic principles. Advancements in science and technology have facilitated the utilization of freedom of expression in two-way communication on social media, particularly on Twitter. Twitter was chosen as a means of communication because it is easier to access and manage information and convey aspirations and ideas. This study aims to examine the constitutional provisions regarding freedom of speech for Twitter users and to identify the challenges related to its enforcement in Indonesia. This legal research employed normative legal research, utilizing the method of inventorying library materials and data processing techniques by selecting primary, secondary, tertiary, and non-legal data, which are systematically arranged to find more actual results. The results indicated that the regulation of freedom of opinion on Twitter needs to be studied further since the sanction setting was only found in Law Number 19 of 2016. The problems that arise in freedom of speech on Twitter include conveying hate speech and cyberbullying, and humiliation and harassment using vulgar words or verbal sexual harassment. There is a need to draft a special regulation on freedom of expression on Twitter, which is expected to become a pillar for regulating freedom of speech on electronic media so that there are no problems or restrictions on expressing opinions.

The Problems of Punishing People Smuggling Perpetrators as a Transnational Organized Crime Network

Herbin Marulak Siahaan, Jogi Talar Saragih — Tue, 18 Mar 2025 00:00:00 +0700

Due to its status as the largest archipelagic nation globally, Indonesia is very susceptible to transnational organized crime, particularly offenses related to smuggling people. To address this issue, the country changed Law Number 9 of 1992 regarding immigration and enacted Law Number 6 of 2011, which makes people smuggling a criminal offense to comply with the United Nations Protocol Against the Smuggling of Migrants by Land, Sea, and Air in 2000, which it had ratified. This study seeks to analyze and contrast law enforcement methods in cases of people smuggling, both prior to and following the enactment of Law No. 6 of 2011. This research employed a doctrinal methodology that falls within the qualitative legal research category. The findings indicate that there is no substantial disparity in law enforcement procedures before and during the implementation of Law No. 6 of 2011. Law enforcement officials encounter difficulties in collecting the necessary evidence to establish crucial aspects of people’s smuggling, such as the pursuit of financial gain by the perpetrator network. The new immigration law has not yet enabled law enforcement against people smugglers to be more effective.

Blue Justice to Counter Threats on Ocean Health

Iwan Isnurwanto, Ilham Dwi Rafiqi — Sat, 22 Mar 2025 00:00:00 +0700

Issues of ocean health have become serious threats due to the possibility of damage and quality deflation in Indonesian oceans. From a national defense Fatohoint of view, issues of Indonesian ocean health can fall into national vulnerability and caution. This paper, furthermore, aims to describe and draw justification for the urgency of values and implementation of blue justice to counter ocean health. Normative legal research was applied by means of qualitative analysis of legislation and conceptual variables. According to the research, threats to ocean health could have negative impacts on marine ecosystems, leading to defects in national economic, socio-cultural, defensive, and security systems. In response to the threats to ocean health, littoral societies, thus far, took part in minimum roles, and their existence was unheeded. To tackle the current problem, blue justice is presented, paying attention not only to ecological sustainability in its practice but also to a strong emphasis on social justice that includes relevant parties involved in the management of oceans. It must include littoral societies and fishermen as their lives are strongly dependent on marine resources, which is already and clearly defined in the legislation. In the implementation of blue justice, governments need simultaneous strategies with systematical, integrated, and sustainable efforts, especially in the prevention of any threats to ocean health. Implementing blue justice properly can lead the nation to a blue economy and ensure that oceans are well-protected for the next generation.

Problematics of Individual Company as Legal Entity in Terms of Indonesian Omnibus Law on Job Creation Law

Andistya Pratama, Dwi Ratna Indri Hapsari, Rahmi Fuji Astuti Harahap — Sat, 22 Mar 2025 00:00:00 +0700

The introduction of Individual Companies, which can be established by a single individual, aims to streamline company management and legal recognition while enhancing Indonesia's investment climate. This study seeks to address two critical questions: How is the concept of an individual legal entity regulated under the Job Creation Law? And what is the legal position of the General Meeting of Shareholders (GMS) in a sole proprietorship that constitutes an individual legal entity? Employing a normative or doctrinal legal research approach with a regulatory focus, this study revealed that the concept of an Individual Company aligned with institutional theory. Both agreement and institutional theories were applied in managing such companies. The study further highlighted that GMS decisions in an Individual Company were executed as shareholder resolutions, which carried the same legal weight as GMS decisions in traditional companies, while the role of commissioners was effectively eliminated.

Evaluation of Legal Protection for Women and Children’s Victims of Violence by the Bengkulu City Office of Women's Empowerment and Child Protection

Meilisa Meilisa, Sherly Nelsa Fitri — Sat, 22 Mar 2025 00:00:00 +0700

The issue of violence against women and children represents a significant human rights violation that persists as a pervasive challenge in Bengkulu City. The objective of this research is to evaluate the implementation of legal protection for women and children’s victims of violence by the P3AP2KB Office of Bengkulu City. The research method employed is normative legal research, utilizing a combination of statutory, conceptual, and theoretical approaches. The findings indicate that the P3AP2KB Office has implemented a range of legal protection initiatives, encompassing both preventive and repressive measures. These have been achieved through the provision of legal, psychological, and medical services, as well as through the strengthening of public awareness through the Gelang Peti program. Nevertheless, several challenges persist, including social stigma, limited resources, and a lack of coordination between agencies. To ensure the sustainability of legal protection for victims of violence, it is essential to strengthen resources, enhance community education, and foster institutional synergy.

From Collusion to Corruption: How Indonesian Law Fights Back in Procurement Conspiracy

Rizaldy Anggriawan — Sat, 22 Mar 2025 00:00:00 +0700

Government procurement of goods and services is one of the largest sectors in the state budgets, but it is vulnerable to corrupt practices. Based on data from Indonesia Corruption Watch (ICW), in 2017, there were 84 cases of corruption in the procurement of goods and services that caused state losses of IDR 1.02 trillion. This study aims to answer several main questions: what are the forms and indicators of collusion in government procurement of goods and services? How does the existing legal framework regulate and handle such collusive practices? Moreover, what legal sanctions are applied to perpetrators of violations? Using a normative method that examines related laws and regulations, this study uncovered that collusion in procurement occurs in three main forms: horizontal, vertical, and combined collusion. This study also reviews the role of the legal framework, including Law No. 5 of 1999 and Law No. 20 of 2001, which aims to create transparency and fair competition. The results of the study revealed that collusion in the procurement of goods and services violates the principles of fairness and transparency and suggests the need to strengthen regulations and supervision, including the active role of the Business Competition Supervisory Commission and the Corruption Eradication Commission. This synergy is expected to eradicate monopolistic practices and corruption while supporting clean and competitive governance.