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result(s) for
"Constitutions Indonesia."
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The relation of Indonesia's strategic industry principles and Supply Chain Operations Reference (SCOR) Performance Attribute
Article 33 of the1945 Constitution clearly states that all vital factors of production, called strategic industries, are controlled by the state and to be use for the prosperity of Indonesian people. This article implies that the strategic industries supply chain should be managed accordingly. The fourth amendment of the 1945 Constitution offers a macro framework as principles to conduct the supply chain. They are Togetherness, Efficiency of justice, Continuity, Environmental perspective and Self-Sufficiency. Furthermore, the framework can be used to build performance measurement indicators for the supply chain. Currently the method that is widely used to measure supply chain performance is the Supply Chain Operation Reference (SCOR). This study studied the relations of the strategic industries principle and performance indicators within the SCOR. Twelve professionals and researchers are interviewed as respondents to investigate those relations. More than 90% respondents agreed that; (1) the principle of togetherness is strongly related to Reliability, Responsiveness and Agility; (2) Efficiency of justice is strongly related to Responsiveness; (3) Continuity is strongly related to Agility; (4) Environmental Perspective is strongly related to Green Supply Chain, and; (5) Self-Sufficiency is strongly related to Responsiveness. Therefore, SCOR performance measurement attribute is related with the strategic industries principles.
Journal Article
Balancing Civil and Political Rights: Constitutional Court Powers in Indonesia and Austria
This study focuses on analyzing the role and challenges faced by the Constitutional Court in upholding political and civil rights in Indonesia and Austria. This research explores various conceptual and comparative aspects of law through normative research methods and delves deeper into how these institutions operate in practice. Analysis shows that the Constitutional Courts in both countries serve as the primary guardians of justice and human rights. However, it must also operate in a complex environment, dealing with social, political, and international challenges. The study found that changes in laws and regulations have significant potential to strengthen the authority and effectiveness of the Constitutional Court. This is reflected in the constitutional evolution in both countries, where legal and regulatory reforms have played an important role in shaping and defining the authority of the Constitutional Court. This study confirms the importance of increasing the capacity and legal knowledge of members of the Constitutional Court, as well as the need for greater under standing and appreciation from the public of this institution's vital role and function. This research contributes to understanding how constitutional institutions can adapt and evolve to meet challenges in enforcing political and civil rights.
Journal Article
Trading in influence (Indonesia): A critical study
Trading in influence was one of the crimes regulated in UNCAC in 2003. However, in Indonesia, it is not included. Trading in influence is not included in the legislation, this is a gap in itself, and a solution must be found so that the regulation on trading in influence can be implemented. Immediately regulate and close the gaps individuals can exploit in committing criminal acts of corruption in Indonesia. This study uses a normative juridical approach (library research). This study shows that it is necessary to regulate trading in influence in positive law in the future (ius constituendum) because cases related to trading in influence are prevalent in Indonesia. In addition, the rules that will be made relating to trading in influence must not conflict and must be by the constitution of the 1945 Constitution of the Republic of Indonesia and Pancasila. All the materials that have been collected are analyzed and processed qualitatively to classify legal materials, then used content analysis. This study shows that it is necessary to regulate trading in influence in positive Law in the future (ius constituendum) because cases related to trading in influence are prevalent in Indonesia. In addition, the rules that will be made relating to trading in influence must not conflict and must be by the constitution of the 1945 Constitution of the Republic of Indonesia and Pancasila.
Journal Article
Overlooking The Phenomenon of Religious Intolerance And Discrimination Within The Framework of The State Constitution: A study in Indonesia
One of the rights and freedoms of citizens recognized and protected by the Indonesian constitution is the right to have a religion and belief. This acknowledgment affirms that the diversity of religions and beliefs is safeguarded by the constitution. However, the constitutional recognition and guarantee of these rights and freedoms, which reflect the diversity of religions and beliefs, do not necessarily materialize into reality. In practice, the relationship among citizens belonging to different religions and beliefs is often marked by disharmony and conflict. Discrimination and intolerance towards followers of minority religions and adherents of certain beliefs have intensified in the last few decades. This phenomenon of intolerance and discrimination presents a paradox for the Indonesian people. The reason for this paradox is that pluralism has been a natural aspect of Indonesian society since ancient times. The phrase “Bhinneka Tunggal Ika” demonstrates that indigenous Indonesians have long embraced pluralism. Behind the paradox of intolerance and discrimination, the struggle for constitutional values originating from Pancasila is in conflict with other values that contradict these principles. This battle between the two sets of values undermines the integrity of the Indonesian constitution. These conditions give rise to the following questions: What causes the paradox of intolerance and discrimination that reflects anti-pluralism attitudes in Indonesia over the last few decades? The research methods employed in this study are juridical-normative and juridical-philosophical. The research concludes that the paradoxical phenomenon of intolerance and discrimination, which reflects an anti-plurality attitude and has led to a constitutional crisis, is primarily due to the influence of radical values that have been spreading in Indonesia in recent times. The author suggests that legislation on the rights and freedoms of religion and belief should be promptly enacted to provide legal protection for every citizen.
Journal Article
Protection and Repatriation of Cultural Heritage – Country Report: Indonesia
This article provides a broad overview of Indonesia’s current post-independence legislation and practice with respect to cultural heritage protection and repatriation. We highlight several challenges that hamper the effective implementation and enforcement of this framework, particularly in relation to repatriation processes of foreign-held cultural objects. We furthermore explore how the State-centric discourse that surrounds Indonesia’s cultural heritage protection and repatriation policies impede locally-led activism related to cultural heritage, particularly in relation to value production and sense of ownership. Overall, we highlight the importance of co-creation in knowledge production processes and crime-prevention methods concerning cultural heritage to maximize effectiveness. Agency, access, and ownership were violently removed through the colonial looting of Indonesian cultural heritage, so the first step towards restorative justice should be reinstating this to the communities of origin, or to the Indonesian government when the rightful origin community cannot be identified. This concerns not only the cultural objects themselves, but also their digital and physical lives, i.e. the knowledge and expertise created based on these objects.
Journal Article
A new small-bodied hominin from the Late Pleistocene of Flores, Indonesia
Currently, it is widely accepted that only one hominin genus,
Homo
, was present in Pleistocene Asia, represented by two species,
Homo erectus
and
Homo sapiens
. Both species are characterized by greater brain size, increased body height and smaller teeth relative to Pliocene
Australopithecus
in Africa. Here we report the discovery, from the Late Pleistocene of Flores, Indonesia, of an adult hominin with stature and endocranial volume approximating 1 m and 380 cm
3
, respectively—equal to the smallest-known australopithecines. The combination of primitive and derived features assigns this hominin to a new species,
Homo floresiensis
. The most likely explanation for its existence on Flores is long-term isolation, with subsequent endemic dwarfing, of an ancestral
H. erectus
population. Importantly,
H. floresiensis
shows that the genus
Homo
is morphologically more varied and flexible in its adaptive responses than previously thought.
Journal Article
Conditions, Challenges and Prospects of State-owned Enterprises in Indonesia: The Governance Perspective Based on Economic Constitution
The purpose of this study was intended to reveal: (1) the phenomenon of strategic natural and economic resource governance in relation to Indonesia’s economic constitution; and (2) prospects for State-owned Enterprises (SOEs) with Indonesia Raya Incorporated (IRI) concept in relation to state corporate governance of natural and strategic economic resources. The study applied qualitative methods, and was designed to use a grounded theory strategy and interpreted with a constructivism approach. The findings of the first study, identified the meaning of an economic constitution that leads to the interrelationship between government policies and political interests, the degree of good public governance and the degree of good corporate governance, as well as the economic strata of the people and the national economy. Second, identifying the prospects of SOEs with IRI towards increasing the economic strata fairly and equally in all regions of the region.
Journal Article
Strengthening Indonesia’s Regional Representative Council Through Judicial Review by the Constitutional Court
Indonesia’s Regional Representative Council, the second chamber in the nation’s legislative system, has been criticized as insignificant because its role in law-making is unequal to that of the more powerful House of Representatives. Various efforts have been made to remedy the situation, including the submission of judicial reviews before the Constitutional Court. This article analyzes whether judicial review has succeeded in enhancing the role and powers of the Council. Using an evidence-based research approach, it examines the extent to which decisions made by the Constitutional Court have improved the Council’s powers. Application of this analysis offers the potential to broaden understanding of the development of the Council and its efforts to strengthen its powers.
Journal Article
NAVIGATING INDONESIA’S GOLDEN VISA SCHEME THROUGH COMPARATIVE LEGAL POLICY ANALYSIS
As more governments implement Golden Visa programs to attract foreign investment, this strategy provides countries with economic benefits, as well as risks associated with transnational crime and the legal system. Through comparative benchmarking and case studies, this article tries to bridge the gap in order to establish the optimal Golden Visa system for Indonesia. This study will provide insights into the most suitable scheme that Indonesia can implement by assessing the benefits and problems of different citizenship by investment programs in Portugal, Spain, and Malta. This article will present the best schemes for Indonesia based on a qualitative doctrinal comparative analysis technique, considering many legal and socioeconomic parameters such as investment thresholds, processing time, residence restrictions, and return on investment. This research suggests that Indonesia, demographically, needs more investors to provide more jobs, as Indonesia has a workforce of more than 117 million and maintains its economic stability to grow at a rate of 5% per year. Furthermore, in terms of legal gaps, Indonesia does not have any legal basis to provide visas for more than 5 years, as regulated in Immigration Law No.6/2011. Thus, an additional legal framework is required. Based on these findings, the paper will provide case studies of investors who have successfully navigated the Golden Visa process in Indonesia, shedding insight on the practical aspects of the application procedure as well as how to optimize investment outcomes.
Journal Article