LENTERA HUKUM Vol. 8 Issue 2 (July 2021) - Forthcoming Issue
These articles have been peer-reviewed and accepted for publication in LENTERA HUKUM, but are pending final changes, are not yet published, and may not appear here in their final order of publication until they are assigned to issues. Additionally, titles, authors, abstracts, and keywords may change before publication.
Cooperative's Identity Perspectives: Status Quo Issuance of Products to Non-Member Communities
ABSTRACT: Regulations in the business activities of savings and loan cooperatives that allow cooperatives to collect funds from prospective members result in the possibility of issuing products to non-member communities. This writing analyzes that the practice of issuing products to non-member communities is a deviation of cooperative’s business activity based on the laws and regulations in the cooperative sector and eliminates the identity of the cooperative in the form of the principle of membership, which is the specialty of the cooperative and the purpose of a cooperative business entity for the welfare of its members. The research method used in this paper is a normative juridical approach, which aims to find legal principles and theories which are then applied in practice. This research is descriptive-analytical by explaining, describing, and correlating legal rules and theories with the problems to give a systematic understanding regarding the raise funds business from prospective members by paying attention to the cooperative regulations, objectives, and principles of membership in cooperatives to the practice of issuing products to non-member communities that deviate from statutory regulations does not arise. This writing also provides an understanding of the preventive efforts that can be carried out by savings and loan cooperatives in performing their business and the government, which is authorized to carry out its supervisory function on the practice of issuing products to non-member communities based on the regulations in the cooperative sector.
Competition Law in Asia: The Interplay of Power Dynamics in the Digital Market
Ankit Srivastava Dharmashastra National Law University, India
Aditi Richa Tiwary Dharmashastra National Law University, India
ABSTRACT: The digital economy and multi-faceted markets have significantly contributed to the efficacy of a majority of transactions governing modern mankind. Digital platforms have become an irreplaceable asset in the world which has acclimatized themselves with technological advancements. However, there is obscurity pertaining to the methods of accommodation of digital economy in competition laws of a majority of jurisdictions globally. Consequently, there are ascertainable issues in competition laws of such jurisdictions. Such issues remain unaddressed due to the absence of parameters of evaluation of digital platforms in the conventional market system and culminate into an Implicit and undetected abuse of dominance. The method employed in the present work is doctrinal, where the authors have explained the distinctness of contemporary digital markets and their consequential issues. The authors, while establishing the distinctness of digital platforms, have explicated the issues in the competition that need to be independently addressed, considering the intricacies of digital platforms. The presence of non-price factors, multi-faceted markets, and data-driven networks being the major source of such novel issues, have been particularly explicated. Further, the established premise has been substantiated by way of case studies of major events involving factors such as predation, deep discounting, and data privacy. Following this, the procedures employed by the major Asian jurisdictions to address these issues have been explained. Elucidation of the system of competition in a majority of jurisdictions in Asia and the accommodation of digital platforms in the same has also been sufficiently enunciated to present a holistic insight to the established premise. Thereafter, the authors have suggested ways to sufficiently address the issues arising from the distinctness of digital platforms, thereby giving rise to a dynamic and all-inclusive competition.
The COVID-19 Vaccination and the Right to Health in Indonesia: Social Justice Analysis
Muhammad Rafliansah Aziz University of Indonesia, Indonesia
Muhammad Alfitras Tavares University of Indonesia, Indonesia
Chalisa Jasmine Azhima University of Indonesia, Indonesia
ABSTRACT: The COVID-19 pandemic is far from the end and vaccination becomes an inevitable alternative in combating this pandemic. According to the WHO, the COVID-19 vaccines are considered as public goods so that they should be distributed equally to the citizens as the fulfilment of the right to health. This study aimed to analyze how the COVID-19 vaccination in Indonesia has been practised, particularly to what extent the government’s policy on independent vaccination relates to the fulfilment of human rights and the government’s responsibility for distributive justice. Indeed, the Indonesian government has distributed the vaccines but the policies that accommodate privatization imply negligence of the government responsibility. In practice, the policies allow corporations to independently administer the COVID-19 vaccines to their own employees. They lead to systemic discrimination where the poor cannot help themselves while employees of financially-able corporations can get vaccinated early. This study used a legal research method based on literature review in criticizing the government's lack of understanding of the importance of fulfilling the right to health. The result of this study showed some aspects of the vaccination policy are under distributive justice and welfare state. However, there was the Gotong Royong vaccination policy that does not refer to distributive justice and the welfare state. Therefore, it is essential for the government to reconsider the Gotong Royong vaccination policy with a focus on accelerating the vaccination system for vulnerable individuals and communities.
Arguments in Favour of the Application of Constitutional Guarantees in the Private Sectors
Md. Toriqul Islam University of Malaya, Malaysia
ABSTRACT: Constitutional guarantees are such a body of interests, basic human rights, or fundamental freedoms, which are inevitable for each human to live in the world as a human being. These rights are principally inherent, inalienable, and universal. Thus, by birth, everyone, irrespective of their race, sex, caste, color, or religion, can enjoy them. These guarantees are crucial in the State-individual relations, and therefore, recognized by major laws of the civilized nations and often enshrined in the national Constitutions. The essence of these rights is signified in the US Constitution by the expression of life, liberty, and the pursuit of happiness. It is noteworthy that constitutional guarantees are distinct from all other rights and privileges because of at least two unique characteristics, such as intrinsic in nature and inalienability. Constitutional guarantees, being mostly human rights, are presumed to have been neither created nor made but originated like organic growth, and accordingly, no authority can take them away. Nonetheless, sometimes people are deprived of these rights on numerous pretends and grounds, and mostly, on the public-private dichotomy. This backdrop raises a potential question as to whether a State can deprive its citizens of these rights, especially on public-private grounds. Given that the current paper aims to search for the answer to this question analyzing diverse legal and philosophical discourses, together with examining three leading cases of Malaysia, India, and the USA by using the doctrinal legal research methodology. By examining various logics from theological to socio-historical points of view, and the theory of international law, this article concludes, constitutional guarantees, in particular, the equal protection of the law, should apply horizontally to cover both public and private sectors.
Preventive Measures of Cyberbullying on Adolescents
Rofi Wahanisa Universitas Negeri Semarang, Indonesia
ABSTRACT: Nowadays, information and technology become dominant factors in society almost all over the world. In fact, they are important for human life not only at the moment, but they also have determined the development of individuals and society from the beginning. It is hard to imagine that humans are able to recognize themselves and their surroundings as well as predict certain situations without information. Information and technology cannot be separated from one another. Due to technological advancement, information can spread rapidly and change social life. Through the internet, various information can be accessed anytime and anywhere so that it can be distributed quickly by covering any distance. The internet is accessible for anyone, including adolescents and children. One of the negative impacts caused by the use of the internet is cyberbullying. Cyberbullying is a harsh treatment carried out by an individual or a group of people through electronic devices. Cyberbullying may cause depression, low self-esteem, introverted behavior, low achievement, isolation from social life, or even suicide attempt. Therefore, in order to reduce cyberbullying, preventive measures, especially for adolescents, are required.
Our Right to Share, Their Right To Know: A Comparative Study of Public Interest Defense to Defamation
Kezia Ezekiel University of Indonesia, Indonesia
ABSTRACT: An interesting defamation report has occurred recently. Richard Lee, a doctor who shared a beneficial publication through social media about dangerous skincare products, was reported to the police for the defamation act. Richard's audience believes that his content helps them know the hidden truth behind skincare products available in the market. Because of the defamation report, society questioned whether he is liable for his helpful act that may be considered as protecting the public interest. Indonesia recognized public interest defense in Article 310(3) of the Indonesian Criminal Code. However, the meaning or interpretation for public interest as a crime abolition is still unclear. This results to various courts' decision that leads to legal uncertainty. This paper aims to review Indonesian defamation laws, especially in public interest defense provisions. This paper is normative legal research that refers to the legal norms in statutory regulations and the customs that apply in society, not only in Indonesia but also in United Kingdom, Canada, and New Zealand. This paper used primary, secondary, and tertiary legal materials to support the theories mentioned. By comparing the public interest defense in the United Kingdom, Canada, and New Zealand, the author concluded that those countries have more precise boundaries and public interest defense more explicitements. Thus, those countries can guarantee publishers' legal certainty, such as journalists or social media content creators. This paper recommends enacting a law that that must be fulfilled for public interest defense to prevail, for legal certainty in the future.