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The criminalization of the use of cannabis also leads to the limitation of access to medicine and research to explore the benefit of drug choices related to cannabis substances. this article explores the negative consequences of Indonesian criminalization policy towards cannabis use in Indonesian drug law against human rights and to what extent the human rights regime should prevail over the war on drug narrative. The research uses the qualitative method with library research, laws and statutes analyses on cannabis personal use or policy on medical cannabis.

This paper presents the need for a human rights policy approach to eliminate climate injustice, especially in clean water. Also, the relationship between climate injustice with the right to health on the issue of clean water has been studied. In addition, a qualitative method based on library research and the decision on water cases has been presented. The main finding is that Indonesian policy regarding climate is still in the framework of programs and notions. Still, it is not yet established as a national policy with human rights approach. The article also shows that although the right to clean water does not explicitly write as a single definition, the core instruments of international human rights law oblige the government to protect, fulfill and promote the water right. In Indonesia, a water right is programmatic and regulated in economic models, but not from a right-based and public interest perspective. The right to health regarding the access, availability, and quality of water in Indonesia is not yet fulfilled under Indonesian human rights’ obligation as a member of the International Covenant on Economic, Social, and Cultural Rights.

Housing is a basic necessity, yet land availability is limited. This phenomenon urges residents to resort to vertical living and developers to provide vertical housing. The escalation of the vertical housing market has raised potential issues, particularly the use of strata titles in commercial properties advertisement. Strata title is proof of apartment unit ownership which has been widely recognized in the common law system. Meanwhile, Indonesia as a country that adheres to the civil law system regulates apartment ownership based on SHMSRS or Certificate of Apartment Ownership. This practice will result in legal consequences in the ownership status. Hence, this research is carried out by comparing the concept of strata title in the civil law and common law legal systems through a normative juridical methodology based on a statutory and conceptual approach. This study strives to differ strata title and SHMSRS concept to provide a comprehensive knowledge of apartment ownership and prevent legal problems from surfacing in the future.

Since 2020, the pledge of shares has been re-recognized as one of the efforts for business development, as an example of which will be carried out by PT Pegadaian after the merger with PT Bank Rakyat Indonesia. This fact shows that Pledge of Shares has developed as a new trend in economic development, especially in limited liability companies. However, in Indonesia, this trend growth has not been matched by a regulatory system that guarantees legal protection for debtors, especially in the Pledge Of Shares Execution for a Public Company, which are carried out by private sale. This condition has created many legal vacuums, which have led to inconsistent court decisions regarding the pledge of shares execution in public companies. Therefore, according to the above, through this writing, the author aims to describe a regulatory pattern that can create a protection mechanism for debtors related to the Pledge of Shares Execution for a Public Company by private Sale—aiming to provide recommendations on regulatory patterns based on a comparison of the pledge of shares execution for public companies in several countries that have a frequency of active business transaction activities with Indonesia, namely Singapore and the United States of America, in the hope of providing a comprehensive reference to determine the regulatory pattern that suits the needs Indonesia to produce sustainable economic development. The preparation of this writing was made using a normative juridical method. So that through the results of this writing, it can be an alternative solution to the legal vacuum.

Long Term Sustainability of Outer Space Activities (LTSOSA) was adopted during the UNCOPUOS Session in June 2019. It consists of 21 guidelines in four (4) categories, namely: policy and regulatory framework of outer space activities; safety of outer space operations; international cooperation, capacity building and awareness; and technical research and development. The LTSOSA is in line with the definition of Space Security which relates to guaranteed access to Space and the ability to freely exploit space for various purposes. Space Security cover both: safety, sustainability and the security of the space system and actors. While Human Security is an approach to assist the Member States in identifying and addressing widespread and cross-cutting challenges to the survival, livelihood and dignity of their people. It calls for people-centered, comprehensive, context-specific and prevention-oriented responses that strengthen the protection and empowerment of all people. This article will be focused on analyzing and elaborating three (3) main issues: The correlation among LTSOSA, Space Security and Human Security; The Contributions of LTSOSA and Space Security toward the achievement of Human Security’s Objectives; and Legal and Regulatory Framework of LTSOSA, Space Security and Human Security.

Human trafficking is a violation that destroys human’s honor and dignity. Every year the number of victims of human trafficking is soaring, LPSK states that in 2021 there will be 210 victims of human trafficking, with details of male victims as many as 75 persons, while women amounting to 135 persons. Several things cause human trafficking, one of which is the lack of legal protection for the victims, prevention of women trafficking that is not properly implementated, and lack of education which causes loss of legal morals and responsibility to protect people, especially who are vurnerable. In addition to the above, there is also a lack of public understanding and knowledge on human trafficking issues, despite since 2007 since the Criminal Act of Trafficking in Persons No. 21 of 2007 was established. Another cause is due to economic demands, demands for survival among the poor or marginalized group, and on the other hand there is a desire to earn large incomes in an easy and fast way. In national and international law, human trafficking is one of the most common violations of the law, especially for women and children’s victims. Human trafficking is very detrimental not only materially or immaterially but also to the protection of the poor and younger generations who are the main targets of human trafficking. This research will apply the normative juridical method from various sources of law and legislation to review the two issues of this research, namely (1) describing how the law is enforced against traffickers, and (2) analyzing the government's role in overcoming the recovery of victims of women trafficking. Preliminary research result shows that legal protection for victims of women trafficking is far from maximum. This will then be investigated further regarding regulations that will help enforce laws against trafficked women, as well as the extent of government support to assist the recovery of victims of women trafficking.

The Trisakti Semanggi I and II (TSS) occurred in 1998 and 1999 during the reformation movement towards democracy upholding in Indonesia. Several students and people have been killed and injured in those days. The National Commission on Human Rights (KOMNAS HAM) has investigated the case and concluded that the case has a gross human rights violation aspect. The documents have reached the General Attorney of the Republic of Indonesia. However, there are obstacles faced by the victims and their families, the legal debate on whether the TSS can be classified as a gross violation of human rights or not. The Attorney General stated this doubt in their meeting with the Indonesian House of Representatives. The government's political will has been examined through the Indonesian Constitution in this matter. This article explores the burden of sufficient proof to conclude the gross human rights violation in the TSS case. Under the thorough independent investigation done by KPP HAM, the Trisakti Semanggi I and II (TSS) fulfills the elements of past gross violation of human rights known as a crime against humanity. The TSS case has met elements ruled under the ICTY and ICTR Statute 14, such as Article 7 of the Rome Statute 15. The article will also provide current discourse in a legal argument between national institutions regarding the case and what should be done afterward. The research uses a qualitative method with case studies related to the crimes against humanity at the national and international levels.

The alleged rape case of a child at East Luwu in 2019 was terminated due to lack of evidence. Because of the news from mass media, the case was reopened in 2021 but was obstructed due to the need to wait for new evidence. This article does not discuss the evidence but highlights the procedure for handling child sexual victims that are used by several institutions. There are several institutions that can be involved in helping accompany and handle cases involving children as victims. At regional levels, there is the Integrated Service Center for the Empowerment of Women and Children (P2TP2A) whose duty is to give information, consultation on psychology and law, accompaniment and advocation, and services on medication and shelter. And the National Police of the Republic of Indonesia has the authority to start handling a criminal case. According to news from Vice.com, the case at North Luwu was originally reported by the victim’s mother to The Integrated Service Center for The Empowerment of Women And Children East Luwu. The officer then summoned the victim’s father who was the suspect. The officer reasoned that the mother’s report needed to be confirmed. The victim’s mother then reported the case to East Luwu Police Station. The police did an investigation, without the parents, law advisors, social workers, or even psychologists. This case then snowballed, and the evidence was put into question, without many highlights to the handling procedure that was used by The Integrated Service Center for The Empowerment of Women And Children officers and police force. How should the procedure on handling the child sexual victim have been done? If a mistake in the handling procedure occurred, are there any legal consequences? This article was developed as normative research, using statutory regulations, research results, and the opinion of law experts, as well as case progression from credible mass media.

The existence of customary courts in Indonesia is still prevalent. It had been erased and brought back again by national law. The present customary court is used by the Toraja Tribe. This article answers the questions of how is the execution of customary court in Lembang Nanggala Sangpiasalu and whether or not Kombongan is still used. Both questions are answered through research using the socio-legal method. The authors conducted interviews with To Parenge traditional leaders and a few members of the Lembang Nanggala Sangpiasalu society. The results show that the customary court still uses Kombongan and also musyawarah (discussion), but it is no longer obligatory to use the four levels of hierarchy Kombongan has. Parties involved in a dispute settled by Kombongan may choose to proceed with the higher levels of Kombongan or settle it through the district court.

Human rights protection must be carried out without any form of discrimination. However, this is contrary to what happened to the sexual minority group (LGBTQIA+), especially for this matter, transwomen. Transwomen are seen as something different, something bad, immoral and the negative stigma from society is attached to every individual who is part of the group. In interviews conducted with several transwomen, discrimination against their group in various forms seems to be normalized even though, both internationally and nationally, legal protection and human rights of transwomen are guaranteed in every Declaration and International Human Rights Convention ratified by Indonesia, as well as set out in instruments national human rights laws such as the 1945 Constitution, Law no. 39 of 1999, and other human rights regulations. The research intends to explore the legal protection of discrimination against sexual minority groups (transwomen) in DKI Jakarta from a human rights perspective. When all are treated equally, discrimination should not occur. As long as there are no legal provisions that specifically regulate transwomen groups, their human rights should be guaranteed as human beings who have rights and dignity over themselves. This research is using the empiric juridical method through interviews and focus group discussion with the community or participants from transwomen and sexual minorities groups in Jakarta.

The current development and reform in society and government at the local and national levels have made customary law less strict than before. These developments influence also the inheritances law based on customary law. Inheritance disputes or their unequal distributions impacted the marginalization of certain groups, such as women or girls. There has been a shift in the opinion among society regarding women's inequality related to access to inheritance. Several developments of the notion of gender equality have been and are being stipulated in laws and regulations. The gender dimension interacts with other social values in society, and it is related to the social structure as a whole. This research aims to shed a light on the dynamics of customary inheritance law in terms of women's inheritance rights with the perspective of gender equality in Klungkung, Bali. The issues that will be explored are related to the inheritance law focusing on access to civil rights, i.e. women's inheritance rights, after the Decision of Bali MUDP Number 01/Kep/Psm-3/MDP Bali/X/2010 and the Supreme Court Jurisprudence Number 3/Yur/Pdt/2018 was issued. This study was conducted through juridical and sociological methods. From the sociological perspective of gender based on the critical paradigm, the power relations based on gender and social reality among women and men can be analyzed. The gender relations according to the sociological analysis are not only the social relations among women and men but also the power relations in social life. Primary data was collected using interviews and observations in 3 (three) sub-districts in Klungkung, Bali, and secondary data was obtained through a literature review of gender and customary inheritance law.

Airplanes are legal objects of high economic value (high valuable assets) so that airplanes can be used as assets to guarantee the risk of debt agreements. The regulatory provisions related to guarantees for aircraft are based on the provisions of Law Number 15 of 1992 concerning Aviation which stipulates that aircraft can be used as collateral through a mortgage guarantee institution, but in its development, the regulation was replaced by Law Number 1 of 2009 concerning Aviation, which in its latest arrangement eliminates the ability of aircraft to be subject to collateral. This condition creates a legal vacuum because it does not provide alternative settlements and adjustments to aircraft that have been and will become objects of guarantee. So based on these conditions, it is necessary to have a regulatory model that can be used as a reference in the formulation of regulations related to the continuation of aircraft as an object of guarantee. The regulatory model referred to in this paper is in the form of formulating a regulatory pattern that provides a comprehensive overview of the Guarantee Institution, Implementation Mechanism, Guarantee Execution Mechanism, and Guarantee Implementation Authority that adapts to the regulatory system in Indonesia. To describe the regulatory model, the research method used is a normative juridical method based on a statutory and conceptual approach. With the aim of being able to comprehensively present a form of a continuous pattern of arrangements that will form a protection system for creditors by focusing on the Guarantee Institution, the guarantee implementation mechanism, the guarantee execution mechanism, and the Guarantee Implementing Authority for aircraft.

Safe Deposit Box is a banking product that provides goods storage services, such as money, securities, and other valuables. This product guarantees the confidentiality of information related to its use. In this regard, the Safe Deposit Box is one of the services that is risky and vulnerable to being used by money laundering actors. Then, based on the recommendations of the Financial Action Task Force (FATF) it is stated that each country is obliged to identify, analyze, and evaluate the risks of money laundering and terrorism financing in that country. To follow up on these recommendations, Indonesia has established an Anti-Money Laundering and Prevention of Terrorism regime, as an effort to determine the direction and mitigate the risks of using financial services in money laundering practices. However, the need to protect Bank Secrecy cannot be ruled out. So it is necessary to make arrangements that can accommodate the need for a Safe Deposit Box Mechanism that can protect bank secrecy and prevent money laundering practices. Based on this research, the writing method used is a normative juridical method with a statutory and conceptual approach. The purpose of this study is to provide an overview and analysis related to the need for legal regulation and supervision of use related to Safe Deposit Boxes that can guarantee bank confidentiality, but can prevent money laundering practices, especially to identify user information, access data and information on money laundering practices and Politically Exposed Persons. (PEP) in Indonesia.

One of the concepts upheld in human rights is freedom. Protection of it is guaranteed by Indonesian law which is formulated by norms. The constitution is the highest law that guarantees it. In fact, the existence of the ITE Law threatens freedom of expression from the substance of the regulations themselves. Phrases in it have the potential to ensnare individuals or groups that violate parameters applied. This paper discussed influence factors, potential impacts, and others. The assessment is carried out using a normative juridical method that brings together various theories for a comprehensive analysis. This study clarified overall that can be corrected in the future. The breadth of the terminology within has the potential to give a repressive legal reputation. The summary of the problem in this paper is how and to what extent the provisions in the ITE Law guarantee the protection of human rights, and to what extent the ITE Law actually violates human rights. Thus, this study provided new perspectives related to the protection of human rights in the ITE environment.

Indonesia recognizes the grounds of pardon in criminal law as stipulated in Article 44 of the Criminal Code (KUHP). One of the conditions that may be subjected to grounds of pardon is when the perpetrator of a criminal act is a person with a mental disorder, including schizophrenia. The consequence of this situation is that the perpetrator of a criminal act must be declared irresponsible for his actions and released from all criminal charges. However, in practice, the panel of judges would find the defendant with schizophrenia remain guilty since the judge would disregard the medical records or statements from psychiatric experts as evidence at trial. This article analyzes 2 Supreme Court Decisions, namely Supreme Court Decision No. 46 PK/Pid.Sus/2010 and Decision No. 94-K/PM.II-09/AD/V/2016. This research uses a normative juridical method. This research discusses the implementation of criminal sentences for persons with schizophrenia by confronting between field practices that remain sentencing persons with schizophrenia. Legal protections that able to be carried out by the state include terminating the prosecution, utilizing psychiatrists' statements as the basis for decisions, and deciding on defendants with acquittal decisions which in practice are not often found. This research concludes that legal protection for people with schizophrenia in Indonesia stays incongruent with the principles of criminal law and violates the principle of protecting the rights of the defendant. Law enforcement officials are remaining disregarding Article 44 of the Criminal Code by continuing to sentence, even executing people with schizophrenia who commit criminal acts even though there is a statement from a psychiatrist as valid evidence.

The need for energy in Indonesia is increasing every year because Indonesia is a country with 742.308 square miles from east to west and the population in 2020 is estimated at 273.523.600 people. The Government of Indonesia has already planned to build Nuclear Power Plant (NPP) since the year 2000, but some people think that nuclear is very dangerous for man and the environment. So, the question is how are the regulations that already exist can protect humans and the environment in Indonesia from the operation of NPP. The goal of this research is to explore all regulations nationally and internationally regarding nuclear activity especially about NPP, and whether these regulations can protect humans and the environment in Indonesia. From the law perspective, Indonesia has Law Number 10 the Year 1997 on Nuclear Energy, Government Regulation (GR) Number 54 the Year 2012 on Safety and Security of Nuclear Installations, and GR Number 2 the Year 2014 on the Licensing of Nuclear Installations and Use of Nuclear Materials. Indonesia also ratified some international conventions such as the Convention on Nuclear Safety and the Convention on the Physical Protection of Nuclear Material. As a member of the International Atomic Energy Agency (IAEA), Indonesia has to follow IAEA rules and standards to protect humans and the environment from nuclear activity. The conclusion is that from a law perspective, it is safe to build NPP since these regulations are enough to protect the society and the environment of Indonesia.