Vol. 3 No. 2 (2023): Focus Journal Law Review (Author: Philippines, Indonesia, France)

Artikel

• Effective and Efficient Cabinet as One of the Efforts to Prevent Corruption

  Rico Septian Noor, Sri Endah Wahyuningsih

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  DOI : https://doi.org/10.62795/fjl.v3i2.228
  

  Corruption never seems to disappear in Indonesia, because almost every day there is news in various print and electronic media regarding public officials, legislative members and even law enforcers who are caught in corrupt practices. Therefore, more massive efforts are needed to prevent and eradicate corruption. This writing uses the Normative Juridical Research method which examines legal rules and principles in answering legal problems that occur using a Conceptual Approach to draw conclusions about the problems studied. We should all be aware that the moment of the General Election (Pemilu) is a very important moment considering the fact that 78 years of Indonesian independence is certainly a moment that must be interpreted deeply, the moment of forming an effective and efficient Cabinet is one of the determining factors for the success of the entire 5 Year government agenda. future and realizing the ideals of the Indonesian nation that have always been echoed, including realizing a government that is clean and free from corruption. Because the disease of corruption that has grown and taken root in this country is caused by many factors, one of which can be caused by the relationship between various systems that are related to corrupt cultural patterns in various functions of power in this country, for example co-optation and strong political intervention. This writing concludes that one of the important points in fixing various corruption problems is by repairing damage to the function and structure of government in this country. Forming an effective and efficient Cabinet in Government can be one of the keys to preventing Corruption

  Abstract : 429 views | PDF : 26 downloads

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• Customary Law as Part of the Reform Legal System in Indonesia

  Kiki Kristanto, Christio Drakhma Dekapolis, Isno Pandowo

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  DOI : https://doi.org/10.62795/fjl.v3i2.227
  

  Customary law is a law that was born even before Indonesia proclaimed its independence in 1945. Customary law is part of original law and has grown and developed in Indonesia so that it also influences the implementation of the Indonesian legal system. The development and renewal of Indonesian law should not forget the important parts of the building blocks of the Indonesian legal system, including Customary Law. In short, this writing using a qualitative descriptive method provides an overview of the important role of customary law which should always be part of the renewal of the legal system in Indonesia. Historically, the formation of the Indonesian legal system also departs from the concept of customary law that lives in Indonesian society which was ultimately influenced by the Dutch legal system when the Dutch colonized Indonesia. The concordance process of the Dutch legal system colored the formation of the Indonesian legal system which in fact could not be denied that it still left a residue in several parts of the Indonesian legal system such as the old version of the Criminal Code and the civil code. The development and renewal of the National Legal System according to the author should not leave material legal sources as the basis for the formation of a legal system that reflects the spirit of Indonesia. Material legal sources that are reflected in Pancasila, the ideals of Indonesian society, values, norms, kinship, deliberation, mutual cooperation, tolerance, and so on that characterize Indonesian society must be a priority scale in structuring the Indonesian legal system in the future, including part of cultural heritage in the context of customary law.

  Abstract : 539 views | PDF : 166 downloads

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• Analysis of Recognition from the Perspective of International Law and Implementation of Public Policies in Indonesia and Myanmar

  Ni Made Diana Kencana Putri

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  DOI : https://doi.org/10.62795/fjl.v3i2.226
  

  Human rights are a universal issue that is of concern to the international community. The countries of Indonesia and Myanmar certainly have a historical record of quite large human rights violations, so it is very important to know and learn about the recognition of human rights between the two countries and the implementation of public policies related to human rights in these two countries, namely Indonesia and Myanmar. This study aims to analyze, discuss, and provide an overview or view of the differences in the recognition of human rights between Indonesia and Myanmar from the perspective of international law, while also analyzing the implementation of public policies related to rules and laws regarding human rights. human rights in both countries through legislative mechanisms and public policy practices, especially in Indonesia and Myanmar. The method used in this study is a normative
  legal method with data analysis techniques through literature studies, collecting information from various sources, including reports from international and national human rights organizations, academic publications, journals, and other information sources related to human rights. The main findings show that there are several differences in the recognition of human rights between Indonesia and Myanmar based on international conventions on human rights.
  In addition, the implementation of rules or laws on human rights in both countries also has its own challenges, such as the weak protection system for victims of human rights violations and local cultural factors. The conclusion of this research is that, despite progress in implementing international standards on human rights in Indonesia and Myanmar, there are still some challenges that need to be overcome. Therefore, there is a need for further efforts from the government and civil society to increase the recognition and protection of human rights in the two countries. This research provides a deeper understanding of comparative human rights in Indonesia and Myanmar, as well as valuable insights for efforts to improve and protect human rights in both countries.

  Abstract : 207 views | PDF : 95 downloads

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• Comparison Between Indonesian and German Regional Autonomy in Relation to the Government System

  Putu Riskita Karina Pramesti

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  DOI : https://doi.org/10.62795/fjl.v3i2.230
  

  The purpose of this study is to explain the comparison between the regional autonomy of Indonesia and Germany concerning the system of government adopted by the two countries. Regional autonomy in a country, both in Indonesia and in Germany, has the same goal, namely to give authority to regional governments in managing internal affairs in their respective regional domains. However, the differences in the government systems adopted by the two countries have resulted in differences in the structure and implementation of the regional autonomy system in the two countries. The theories used in discussing this research are the theory of federalism, the theory of decentralization, and the theory of constitutionalism. The research method used in this research is normative legal research, namely research that examines document studies using various secondary data such as court decisions, laws, and regulations, legal theory, and can be in the form of opinions of scholars. In addition, this study also uses the comparative legal research method, namely a research methodology conducted by comparing the legal systems of two or more different countries or jurisdictions. The comparison of the regional autonomy of Indonesia and Germany is related to the difference in the system of government adopted by the two countries where Indonesia has a government system called the Unitary State of the Republic of Indonesia (NKRI) while Germany has a federal government system called the Federal Republic of Germany (RFJ). This resulted in a different regional autonomy between Indonesia and Germany. In Indonesia, there are restrictions on local governments to regulate their internal affairs whereby the supreme power rests with the central government while the states in Germany have greater authority in managing their internal affairs

  Abstract : 328 views | PDF : 99 downloads

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• Constitution & Decentralized Government System in France

  Michele, Yohanes Balthasar Reny Wittermans Un

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  DOI : https://doi.org/10.62795/fjl.v3i2.231
  

  France is a republican country and uses a semi-presidential unitary government system with democracy which is very inherent in the country. The semi-presidential government system is a combination of the presidential government system and the parliamentary government system, in this case there are two executive leaders, each of whom has their own role. The executive leaders are the President of France who serves as head of state and the prime minister who serves as head of government.The French government system is semi- presidential, the French executive is led by a President who is assisted by a Prime Minister, the French Government is responsible to Parliament based on the provisions of Articles 49 and 50 of the French Constitution. However, the French Parliament consists of the National Assembly and Senate, where the National Assembly has the power to dissolve the cabinet
  so that the majority determines the choice of the Government, in contrast to Indonesia where Ministers cannot be dismissed by Parliament. The decentralization policy in France is based on a law of the French parliament known as the Gaston Deferred Law of 1982. Concept Autonomous government in France itself is divided into four categories, namely institutional, legal, financial and human resources. In the French Government, the Central Government does not intervene at all when problems arise between the Regional Government and other Regional Governments. The Central Government can act as a mediator but not as a decision-making body, because based on Article 72 of the French Constitution, problems relating to territorial matters are resolved through associations between related parties based on the authority to establish laws.

  Abstract : 368 views | PDF : 122 downloads

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