Distortion of the value of customary law in the draft code (a critical review of the policy of customs inclusion in the RKUHP) __ 90. Analysis of the implementation of participatory approaches in the development planning process in the city of Semarang (a case study of the implementation of Community Aspirations in Banyumanik District).
Bakar Batu Tradition as Papuan Local Wisdom That Supports Ne Bis in Idem
The bakar batu party is a traditional activity of the Papuan tribal community that started inland, namely in the Baliem Valley. Fourthly, the implementation of the bakar batu tradition must really be attended by traditional leaders or Ondoafi who have qualified and respected abilities in the community.
Digitalization of Law Enforcement and Public Services Systems
Therefore, the law enforcement sector must adapt its enforcement to the rapid development of the digital world, especially the Internet. This is evident from the execution of corruption to the initiation of the law enforcement process.
Digitalizing Local Government
Financial Management (Corruption Impact Assessment of Banggai Laut District
Budget 2020)
Banggai Laut Regency is one of the regencies in the province of Central Sulawesi, Indonesia. Financial Management Agency, Idhamsyah Tompo, was sentenced to 7 years and 6 months in prison for the Fictitious Travel Order (SPPD) BPKAD corruption case for the fiscal year 2020. What are the factors that cause corruption in the financial management of Banggai Laut Regency Government in 2020.
What are the practical steps for digitalizing the financial management of Banggai Laut Regency government. Good Governance is implemented in the conduct of public affairs and the responsible management of public resources, with reference to the 12 Principles of Good Governance as set out by the Council of Europe. The levy shall not exceed the cost of the services provided and shall not lead to an excessive reduction in demand, especially for essential public services.
The author sees that the eighth principle, namely innovation and openness to change, is the key to the success of improving good governance in public services by the North Macedonian government to prevent corruption in the public service sector. Based on the Corruption Impact Analysis approach, the author sees that steps to improve good governance in the Banggai Laut Regency government can be taken with digitization innovation.
Distortion of the Value of Customary Law in the Draft Code (Critical Review
Common law in positive law (ius constitutum) is understood as living law, or law that lives in society. The content of customary law in the RKUHP refers to the recognition of the provisions of customary criminal law in the penal system, which is covered in the 15 provisions of the article (Muladi, 2018). The incorporation of common law into the national criminal justice system, namely the RKUHP, then creates a discourse for and against.
The pro side emphasizes that the inclusion of the provisions of customary criminal law in the Criminal Code is a form of protection of the existence of customary law that has existed in society. Weaknesses in the content of customary criminal offenses in the draft RKUHP which have the possibility to distort the values of customary law. Second, the adaptation of customary law provisions to positive law or written law is something that is contrary to the decolonialization efforts in the reform of the Penal Code.
Appropriate policy recommendations to ensure that the provisions of customary offenses in the RKUHP are in line with the provisions of common law values. As far as enforcement is concerned, the drafters of the RKUHP suggest that it be recorded in a Provincial Ordinance or collection of common law.
Freedom of Opinion in Perspective Renewal of The Indonesian KUHP
Draft right basic man in Thing freedom of opinion and freedom of speech related to the concept of rule of law. In accordance with that, Article 14, Article 23, Article 24 and Article 25 of the Law Republic of Indonesia No. 39 of 1999 regarding right basic human state protection in freedom to express and convey opinion or convey information. Regarding the procedure delivery prior opinion generally according to Article 10 of Law Republic of Indonesia Number 9 of 1998 regarding independence Convey Upfront Opinion General, there is activity required notified in writing to the police.
Temporary insult in a special form, generally settings scattered outside the regulated in Chapter XVI of the Penal Code. According to the historical provision, Article 27, Paragraph (3) of the Law on Electronic Information and Transactions refers to the Criminal Code, Articles 310 and 311. Draft law fundamental freedom of opinion and expression linked to the concept of the rule of law.
Indonesia regulates freedom of opinion and expression in, among other things, the Constitution of the Republic of Indonesia from 1945, Law Republic of Indonesia Number 39 of 1999 regarding real fundamental people and Law Republic of Indonesia Number 9 of 1998 regarding independence. The right to freedom Statement and freedom of expression in corridor use Articles 310 and 311 of the Criminal Code.
Overview of the Principle of Sovereign Equality Analysis Against Investment Law in Indonesia
Therefore, it is necessary to explain the concept in order to understand the principle of sovereign equality and its impact on laws and regulations in Indonesia in the investment sector, so that it can provide a clear picture of the treatment of investors. The principle of sovereign equality in the state is not only one of the important legal principles, but also the foundation of general international law, which has become a custom. Based on the Charter of the United Nations (UN) Article 2 paragraph 1, which states "The Organization shall be based on the principle of sovereign equality of all its members", which means that international law is the law applicable to.
Every country is independent and sovereign, a principle in international law, namely the principle of sovereign equality. Each country is free to determine and develop its economy, so this is the basis for implementing the principle of sovereign equality in general investment. The standard treatment of the state that reflects the principle of sovereign equality for investors is non-discrimination and fair and equitable treatment, and the treatment that causes great concern or in other words is nationalization.
The last is nationalization which is also one of the allowed treatments, but it is feared in the principle of equal treatment. The non-discrimination element which is one of the important elements in the principle of sovereign equality is also regulated in the law as stated in Article 6 of the Investment Act.
Legal Protection and Responsibility of Electronic Systems Operators
Personal Data Management in Indonesia
From the above description, it can be illustrated that in relation to the protection of personal data in Indonesia, it still causes many problems both in terms of regulation and enforcement in this area. After all, the protection of personal data is one of the forms of protection of human rights, where it is the protection of human rights. The natural person is therefore the main bearer of the right to the protection of personal data.
An explanation of the definition of personal data is important to ensure the protection of this data. The explanation to the article states that when using information technology, the protection of personal data is part of personal rights (privacy rights), especially related to the right to monitor access to information about a person's life and data. And if there is an error in the protection of the personal data it manages, the electronic system operator is obliged to notify the owner of the personal data in writing.
Cooper, Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data. Legal analysis of personal data protection in the cloud computing system according to the Electronic Information and Traffic Act.
Potential Threats of Criminal Acts of Money Laundering and Terrorism
Financing Crimes in Indonesia through the Implementation
The development of technology and information systems continues to give birth to various innovations, especially those related to financial technology (fintech) to meet the needs of the public, including in the field of payment system services, both in terms of instruments, operators, mechanisms and infrastructure for implementing the processing of payment transactions. Based on article 1 number 1 of Bank Indonesia Regulation number 19/12/PBI/2017 regarding financial technology implementation (PBI for financial technology implementation) reads: Financial technology is the use of technology in the financial system that introduces new products, services, technology produces , and/or business models and may have an impact on monetary stability, financial system stability and/or the efficiency, smoothness, security and reliability of the payment system. The development of financial technology that has a nature, such as real-time transactions, the ease of transactions across national borders, the absence of the need for non-face-to-face meetings, is often used by criminals to obtain the proceeds of criminal acts.
Financial technology operators are prohibited from using virtual currency as per Article 8 of the Financial Technology Implementation Regulation which states: Use rupiah in any transaction carried out in the territory of the Unitary State of the Republic of Indonesia in accordance with the provisions of the laws and regulations governing the currency;. The implementation of the principles of anti-money laundering and the prevention of the financing of terrorism is carried out in accordance with the provisions of laws and regulations governing the principles of anti-money laundering and the prevention of the financing of terrorism, including regulations issued by related supervisory and regulatory agencies. . for the business activities and/or existence of the Financial Technology Operator in question.
The ownership of the virtual currency is very risky and speculative because there is no responsible authority, there is no official administrator, there is no underlying asset underlying the price of the virtual currency, and the trading value is very volatile. The key word of the TPPU regulated in Sections 3, 4 and 5 of Act Number 8 of 2010 regarding the Prevention and Eradication of Money Laundering Crimes (TPPU Act) is "known or reasonably suspected which is the main element of active TPPU and passive TPPU" (Romly , 2015).
