Authors:Sholahuddin Al-Fatih, Ahmad Siboy Pages: 1 - 10 Abstract: The moral paradigm in establishing legal norms about parliamentary thresholds in legislative elections is studied through historical, conceptual, and statutory approaches. Figures' perspectives on the moral paradigm and nature's laws are an analysis benchmark. This research is a legal analysis with a conceptual approach. The main objective of this research was to analyse the moral paradigm in the formation of laws regarding parliamentary thresholds in Indonesian elections. According to this research, the establishment and implementation of parliamentary threshold legal norms cannot meet the main legal objectives, namely justice, because parliamentary thresholds are designed to limit political parties' eligibility for parliament in subsequent elections. Therefore, the government canceled the application of the parliamentary threshold through lawmakers and the Constitutional Court in the next election. PubDate: 2022-06-07 DOI: 10.25041/fiatjustisia.v16no1.2140 Issue No:Vol. 16, No. 1 (2022)
Authors:Faisal Faisal, Derita Prapti Rahayu, Yokotani Yokotani Pages: 11 - 30 Abstract: The norm of sanctions in Mining Law 2020 through irrational legislative policies can trigger criminal disparities and become a criminogenic factor. Reformulation efforts are needed in formulating sanctions regarding reclamation. This research aims to realign the purpose of criminalizing the post-mining reclamation obligation in the community mining category. The discussion is focused on the provisions reformulation for the community mining category's reclamation obligation. The problem will be researched using normative legal research methods. According to this research, the reclamation obligation sanction is an omission offense. The reclamation omission offense is both a passive law and a formal offense. Reformulation is based on the basic idea of balancing the double-track system of criminal sanctions. Criminal sanctions become the last instrument if the sanctions are ignored. Action sanctions prioritize restoring post-mining environmental conditions. The criminal sanctions threat and fines in the community mining category must be lighter. PubDate: 2022-06-07 DOI: 10.25041/fiatjustisia.v16no1.2222 Issue No:Vol. 16, No. 1 (2022)
Authors:Dewi Fortuna Limurti Pages: 31 - 46 Abstract: Income tax for land and buildings purchase in Indonesia is regulated in Law Number 36 of 2008 regarding Income tax. This law stipulates that one of the tax object’s profits comes from land and building sale-purchase. The research would emphasise that income tax comes from other profits instead of transactions or gross prices. This research uses a normative juridical method. “Profits” has an important note in Income Tax’s calculation in the land and building sale-purchase process. Income taxes are collected by calculating the transfer value’s gross amount rather than profits. This calculation violates the Income-tax Law and is highly burdensome for taxpayers. Therefore, it tarnishes the sense of justice in such tax collection and disharmony between the law and its implementation. PubDate: 2022-06-07 DOI: 10.25041/fiatjustisia.v16no1.2271 Issue No:Vol. 16, No. 1 (2022)
Authors:Nge Nge Aung Pages: 47 - 64 Abstract: The Federal Constitutional Court of Germany leads the judiciary’s independence by protecting human rights within the Basic Law’s legal framework. In this case, the jurisdiction of the Court is essential to analyse comprehensively. The first and foremost function is interpretation. It is concerned with the extent of a supreme federal authority’s rights and duties and the citizens who can enjoy the fundamental rights under the Basic Law. The rest are abstract judicial review, constitutional complaint, and concrete judicial review. These all seem to depend on the Court’s interpretation and the supremacy of human dignity. Therefore, the issues lie when human dignity becomes a constitutional principle to resolve economic, social, and political disputes within the constitutional framework both in Germany and the European Union in practice. This research will used qualitative approach method. According to the literature reviews, human dignity is supreme, but it does not mean absolute. PubDate: 2022-06-07 DOI: 10.25041/fiatjustisia.v16no1.2419 Issue No:Vol. 16, No. 1 (2022)
Authors:Zainal Arifin Mochtar Pages: 65 - 80 Abstract: The types and hierarchies of laws and regulations are constantly changing. Law Number 12 of 2011, as amended by Law Number 15 of 2019, leads to several problems. This research aims to analyse Indonesia's laws and regulations regarding their types and material contents. This is normative legal research employing statutory, historical, and conceptual approaches. The findings of this study are as follows. First, TAP MPR should not be classified into laws and regulations as stipulated by Law Number 12 of 2011, as MPR can no longer issue any regulations after the amendment of the 1945 Constitution. Another problem lies in the absence of review if laws and regulations deviate from TAP MPR. Second, it is essential to restrict Perppu, particularly when issuing it. The President can issue Perppu at will, for there is no definition of compelling exigencies. It should merely be issued during the recess periods of DPR. Third, there is no difference between Government Regulations and Presidential Government content. Fourth, other regulations, especially Permen, prove problematic due to the silo mentality, so that they conflict with each other and even overlap higher regulations PubDate: 2022-06-07 DOI: 10.25041/fiatjustisia.v16no1.2431 Issue No:Vol. 16, No. 1 (2022)
Authors:Muhammad Fakih Pages: 81 - 102 Abstract: During the Covid-19 pandemic, online health services through applications or telemedicine have increased yearly. Many parties are involved in telemedicine to spread the confidentiality of information and patient privacy to various parties. Even though regulations and guidelines regarding telemedicine's implementation during the Covid-19 pandemic are established, personal data leakage still occurs. The problem discussed in this research is: How was telemedicine implemented in Indonesia during the Covid-19 pandemic' And how is the regulation of privacy rights protection for patients who use telemedicine in Indonesia' This research uses a descriptive normative research method with a qualitative approach. The research results show various problems in Indonesia's telemedicine implementation during the Covid-19 pandemic, especially problems related to data protection regulation for telemedicine patients. Based on the author's analysis, no regulations regulate strict sanctions when the patient's data or medical records are not kept confidential. There is no explicit provision that threatens anyone who misuses the patient's data. Thus, it is necessary to have special regulations governing the protection of patients' privacy rights in the use of telemedicine in Indonesia, and Indonesian legislators need to continue the legislative process of the Personal Data Protection Bill. PubDate: 2022-06-07 DOI: 10.25041/fiatjustisia.v16no1.2583 Issue No:Vol. 16, No. 1 (2022)
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