BAHASA INGGRIS HUKUM

(FINAL PAPER)

Dosen Pengampu :
Dr. Suyadi, M.A.

DISUSUN OLEH
NAMA : NIATI ARSELA
NIM : 1900874201354

FAKULTAS HUKUM
UNIVERSITAS BATANGHARI JAMBI
2021

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1. Judical review
Judicial review is a power of the courts of a country to examine the actions
of the legislative, executive, and administrative arms of the government and to
determine whether such actions are consistent with the constitution. Actions
judged inconsistent are declared unconstitutional and, therefore, null and void.
The institution of judicial review in this sense depends upon the existence of a
written constitution.
Judicial review in general could be translated as the mechanism to review
legislation carried out by judges in order to ensure its coherence/compliance
towards legal rules of higher hierarchy which ordinarily culminate in the
Constitution.
Based on all of the foregoing analysis it can be concluded that the
dualism of judicial review system adopted by Indonesia contains a number of
problems which are the “congenital defects” of the system. Its existence in the
constitutional system in Indonesia demonstrates the existence of “accidents as
well as errors of history” because it brings together two ideas of different and
contradictory judicial reviews. On the one hand, the involvement of the
Supreme Court in judicial review is characterized as the judicial review
system pioneered by the United States of America. Meanwhile, on the other
hand, the establishment of the Constitutional Court as a special body tasked to
carry out exclusive judicial review is a characteristic of the most powerful
judicial review system. Unfortunately, Indonesia mixed the two very different
systems to create a dualism of judicial review system: to accept the idea of
institutionalizing judicial review by forming the Constitutional Court while
maintaining the authority of reviewing regulations under the law against the
laws already owned by the Supreme Court.
As a result, the system that from the beginning was built on a
“patchwork” overlapping the foundation has proven to produce a number of
issues that became “homework” for the future of judicial review in Indonesia.
That is why attempts to correct the problematic dualism of judicial review
system are a matter of high urgency. One way is to concentrate / centralize the

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 authority of judicial review of all laws and regulations to the Constitutional
Court. Endeavors to materialize such effort must be pursued through the
process of amendment of the 1945 Constitution. For the existence of the
dualism of judicial review system itself is regulated and sourced directly from
the 1945 Constitution
2. Presumption of innocent
The presumption of innocence is a legal principle that every person
accused of any crime is considered innocent until proven guilty. Under the
presumption of innocence, the legal burden of proof is thus on the prosecution,
which must present compelling evidence to the trier of fact (a judge or a jury).
If the prosecution does not prove the charges true, then the person is acquitted
of the charges. The prosecution must in most cases prove that the accused is
guilty beyond a reasonable doubt. If reasonable doubt remains, the accused
must be acquitted. The opposite system is a presumption of guilt.
The Practice of Money Laundering Crime in Indonesia is an
unresolved issue of the nation, as a crime in which the proceeds involving an
illicit transaction back in order to look like the result of something
completely legal. Money laundering has no direct impact on society but
in practice crimes committed always in large nominations affecting the
national economy.
Through the normative research of this thesis, as for the conclusions that
can be drawn are as follows: 1) The burden of reverse proof and the
presumption of guilt principle is not illegal to be done with the
fundamental on the various contradictions of positive Law No. 8 of
2010 on Prevention and Eradication of Money Laundering Crime is a
revolutionary and progressive breakthrough on legal reform in the elimination
of the Money Laundering Crime with its predicate crime.
2) The burden of Proof Reversed in Money Laundering Crime is a
new and applicable method to answer the problem of initial predicate crime in
Money Laundering Crime in Indonesia. That the existence of the presumption
Guilt and Reversed Evidence System is very Urgent and appropriately applied

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 in the Prevention and Eradication of Money Laundering Crime.
Reversed Evidence Urgency has become a major agenda in handling Money
Laundering Crime in various predicate crimes.

3. UU ITE
Law Of The Republic Of Indonesia No. 11 Of 2008 Concerning
Electronic Information And Transactions. In this Law, what is meant by:
1. Electronic Information is one or a set of electronic data, including but
not limited to text, sounds, images, maps, drafts, photographs, electronic data
interchange (EDI), electronic mails, telegrams, telex, telecopy or the like,
letters, signs, figures, Access Codes, symbols or perforations that have been
processed for meaning or understandable to persons qualified to understand
them. 2. Electronic Transaction is a legal act that is committed by the use of
Computers, Computer networks, and/or other electronic media. 3. Information
Technology is a technique to collect, prepare, store, process, announce,
analyze, and/or disseminate information. 4. Electronic Document is any
Electronic Information that is created, forwarded, sent, received, or stored in
analog, digital, electromagnetic, optical form, or the like, visible, displayable
and/or audible via Computers or Electronic Systems, including but not limited
to writings, sounds, images, maps, drafts, photographs or the like, letters,
signs, figures, Access Codes, symbols or perforations having certain meaning
or definition or understandable to persons qualified to understand them.
The National Alliance on Cyber Law Reform in Indonesia (Aliansi) is
concerned by the government’s intention to control once more the
fundamental freedoms which has been constitutionally guaranteed in
Indonesia.
This control partly had been established by the hand Ministry of
Communication and Information with four Government Regulations which
have decrease the authority of Indonesia Broadcast Commission (KPI), the
obligation to register pre-paid cell phone number, Bill of Act on Electronic
Information and Transaction, Freedom of Information Act (UU KIP)

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 The Republic Indonesia has guarantee the human rights in the Second
Amendment 1945 Constitution, and also has ratify the International Covenant
on Civil and Political Rights, which certainly impose international obligation
to harmonize the laws in Indonesia.
However Bill of Act on Electronic Information and Transaction has
clearly disregard to respect, develop, and protect human rights and ignore Bill
of Acts Number 10 Year 2004 on the Creation of Law Regulation which
oblige all the material of law regulation to reflect the protection and respect to
human rights. Inside Memory Consideration Bill of Act on Electronic
Information and Transaction nothing related to the rule of Human Rights,
because of it on the view of Aliansi this Bill of Act has show it’s true nature to
disregard Human Rights.
The Bill of Act on Electronic Information and Transaction also does not
have any clear purpose to promote therefore it’s a deviation from Bill of Acts
Number 10 Year 2004 on the Creation of Law Regulation. This Bill of Act
contravenes its original mission to protect electronic commerce and
transaction. Even further by control civil right which is part of fundamental
freedoms that enjoyed by each individual namely freedom of speech.
In order for the rules to achieve the expected goals, the government as a
party knows more about the applicable copyright protection rules and the need
to improve rules regarding content and the internet.
A law will not be effective in protecting the interests of the community if
the law is not or less socialized. Thus, in order for the ITE and Copyright laws
to be effective in protecting the interests of the owners of copyrighted works,
the ITE and Copyright laws must be socialized in their lives.

4. Human Rights
Human rights are rights we have simply because we exist as human
beings - they are not granted by any state. These universal rights are inherent
to us all, regardless of nationality, sex, national or ethnic origin, color,
religion, language, or any other status. They range from the most fundamental

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- the right to life - to those that make life worth living, such as the rights to
food, education, work, health, and liberty.
After the fall of Suharto’s authoritarian regime, in 1998, human rights
have only been formally recognized in Indonesia, both by law and in the
Constitution. Yet, civil society in that country has managed to overcome their
past fear of authoritarianism, and have been very vocal and vibrant, including
the media, in what has been called a democratic opening. In this article, the
author describes the challenge of impunity for human rights violations in
present Indonesia, the role of civil society organizations at national and
international levels to resist the perpetuation of human rights abuses, and
finally the author reflects on the role of Indonesia at the international scenario
as emerging power and what it means for human rights protection on the
ground.
Abuse impunity and the government weakness do not drive
international attention. In fact, in the case of Indonesia, after 16 years of
political transition, some international entities are looking at the Indonesian
government as a key player to deal with others’ ‘worst’ situation, like Burma.
Imagine that Indonesia —with its unsolved businesses on democratisation—
should export the democratic transition experience to another country. They
seem to forget the millions of victims and the survivors who still lack
compensation. In the case of Indonesia, it is very clear that the rights of people
are still ignored and neglected, both internally and internationally.
For the Indonesian government, this situation makes it more
comfortable to talk about human rights, especially with the foreign affair
diplomats abroad. International actors, such as the U.S. government and the
EU, have pointed to Indonesia as a key player or champion of the biggest
Muslim democratic country. Within ASEAN, Indonesia led the
accomplishment of two important goals, namely the adoption of the ASEAN
Charter and the establishment of the ASEAN Intergovernmental Commission
on Human Rights (AICHR). At the international level in the United Nations,
Indonesians get more recognition and some managed to be elected to key

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 posts: Mr. Makarim Wibisono was elected president of the Human Rights
Council (2005) with the support of countries that have dubious human rights
records, like China and India; other individuals were chosen as special
rapporteurs.

5. Birth Certificate
A birth certificate is a vital record that documents the birth of a person.
The term "birth certificate" can refer to either the original document certifying
the circumstances of the birth or to a certified copy of or representation of the
ensuing registration of that birth. Depending on the jurisdiction, a record of
birth might or might not contain verification of the event by such as a midwife
or doctor.
At least 25 percent and up to 49 percent of Indonesian children under the
age of five are never issued a birth certificate, putting them in danger of being
exploited – even losing their citizenship, according to a study by the United
Nations Children Fund, or Unicef, released last week.
Being in possession of one's birth certificate is important because the
document is used to determine one's nationality and guarantees and protects
one's basic human rights.
Refugee parents are often unable to register children born in "transit
countries" like Indonesia since while they wait for a possible resettlement,
they are essentially stateless.
While governmental and non-governmental organizations alike push for
birth registration, little is known about how overdue birth registration is
carried out in practice and what the effects of this implementation are on the
well-being of children and the functioning of the civil registration system as a
whole. In a 2018 report about the effects of birth registration PLAN
International recognizes that while there is a large body of literature which is
focused on justifying the case for birth registration and on identifying access
barriers to birth registration, very little empirical knowledge-based literature
exists about the actual effects of birth registration.

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 So, what to do? One approach is to bring legal and identity services
closer to the people through village-based service delivery. The costs and
complexity of dealing with the religious and civil bureaucracies is beyond the
capacity of many couples. Integrated and mobile services (IMS) can provide
citizens with a one-stop-shop to legalize their marriage and request birth
certificates for their children by bringing together the three different agencies
responsible for marriage and birth registration. Over 100 IMS clinics have
been held. Partnerships with NGOs, especially PEKKA (Perempuan Kepala
Keluarga: Women Headed Households) have played an important role in
helping to publicize these events, assisting applicants to navigate the process
(complex for marriages and births that took place years previously), fill in
forms before the clinic, and secure witnesses. The clinics can be festive
occasions and include a party to celebrate the newly registered children. It’s
not just a piece of paper, they are told -- it’s official legal recognition that they
exist.

6. Trade And Commercial Law

Commercial law, also known as mercantile law or trade law, is the body
of law that applies to the rights, relations, and conduct of persons and business
engaged in commerce, merchandising, trade, and sales.[1] It is often
considered to be a branch of civil law and deals with issues of both private law
and public law.
Commercial law includes within its compass such titles as principal and
agent; carriage by land and sea; merchant shipping; guarantee; marine, fire,
life, and accident insurance; bills of exchange, negotiable instruments,
contracts and partnership. Many of these categories fall within Financial law,
an aspect of Commercial law pertaining specifically to financing and the
financial markets. It can also be understood to regulate corporate contracts,
hiring practices, and the manufacture and sales of consumer goods. Many
countries have adopted civil codes that contain comprehensive statements of
their commercial law.

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 The development of international instruments governing International
Trade Contracts has been more advanced and diverse, from general rules
related to international commercial contracts; special rules in certain fields
such as sale and purchase of goods, construction contracts, contracts of
carriage; up to the electronic contract. The role of various international
institutions/organizations, both intergovernmental and non-governmental,
contributes greatly to the development of the rule of law regarding
international trade contracts. Almost all international instruments related to
international trade contracts are the result of international
institutions/organizations such as: UNCTAD; UNCITRAL; UNIDROIT; ICC;
The Hague Conference on Private International Law. Their work is also
complementary.
In general, things that need to be considered from the development of
international trade contracts are: international commercial contracts;
international sale and purchase contracts; construction contracts; infrastructure
contracts; and electronic contracts. In particular, there are several specific
issues from the development of international trade contracts that need to be
considered in an effort to adjust and/or improve Indonesia's national contract
law. These specific issues include: principles of international contract law;
contract formation; the contents of the contract; contract execution; contract
interpretation; applicable law and choice of contract; and settlement of
contractual disputes.
Every development of the discussion of international instruments related
to international trade contracts must continue to be observed in an effort to
find out the implications for international trade activities, especially in the
context of adjusting and improving national legal rules.
Indonesia needs to actively participate in the activities of international
organizations/institutions that discuss the development of international trade
contracts, both as a member and as an observer. Consider ratifying it (for
international treaties) or adopting it (for soft laws) within the framework of the
national legislation program in the field of contract law. The development of

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 special issues in the field of international trade must always be considered as
input and consideration for the improvement of national contract law that
regulates international trade contract issues so that it is in line and in
accordance with ongoing international standards. Systematic and concrete
steps are needed to improve the rules of national contract law governing
international trade by means of: inventory; systematization; analysis; intensive
public consultation with stakeholders; transformation; socialization and
technical assistance for business people so that international business
transactions can run smoothly.

7. UU Partai Politik
A Law No. 2, L.N. 2008/No.2 About Law On Political Parties. Political
parties are a means of public political participation in developing democratic
life to uphold responsible freedom. Law Number 31 of 2002 concerning
Political Parties needs to be updated in accordance with the demands and
dynamics of community development, so it is necessary to form a new Law on
Political Parties.
The legal basis of this law is: Article 5 paragraph (1), Article 6A
paragraph (2), Article 20, Article 22E paragraph (3), Article 24C paragraph
(1), Article 28, Article 28C paragraph (2), and Article 28J of the 1945
Constitution of the Republic of Indonesia; This Law regulates: Formation of
Political Parties; Amendments to the Articles of Association and Bylaws;
Principles and Characteristics; Purpose and Function; Rights and obligations;
Membership and Member Sovereignty; Organization and Position;
Management; Decision-making; Political Recruitment; Political Party
Regulations and Decisions; Political Education; Settlement of Political Party
Disputes; Finance; Ban; Dissolution and Merger of Political Parties;
Supervision; and Sanctions.
The existence of regulation of recall rights of political parties as regulated
in Law No. 17 of 2014 and Law No. 2 of 2008 bring a great influence on the
position of legislative members. Based on these rules, legislators may be

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 dismissed from their positions if proposed by Political Party. This certainly
brings a polemic for the people as the sovereign owner, who have chosen their
representatives through the electoral process, but when chosen representatives
of the people can be dismissed from his position by a political parties through
the mechanism of the right of recall. This research was done by doctrinal
method approach as well as the use of the statute, historical, and conceptual
approach. This results showed that the legal politics of recall right of political
parties is actually only used as an instrument of the political parties in
controlling its members in parliament in order to always adhere to the party's
policy direction. This makes the recall right political party is legal products
that characterized conservative or orthodox. The existence of a political party's
recall rights order gives a great authority to the political parties to negate the
result of the people's choice as the holder of sovereignty for the sake of the
political party. The function of political parties as a means of political
recruitment in the process of filling political office in this case as members of
the legislature, should have been completed after the people chose their
representatives through electoral mechanisms. Therefore, it is necessary for
the reconstruction of the ideal and relevant recall rights arrangement to the
people's sovereignty

8. Marriage constitusion
aThe Indonesian nation consists of various ethnic groups, groups, races
and religions and is rich in culture. The heterogeneity of Indonesian society
allows for interfaith marriages and other forms of marriage. The rules in
marriage law are also pluralistic, meaning that the rules of marriage regulated
according to positive Indonesian law, consist of religious law, state law, and
even customary marriage law. In the explanation of the marriage law, it is
emphasized by the formulation of Article 2 Paragraph 1 that there is no
marriage outside the law of each religion and belief, in accordance with the
1945 Constitution.

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 Today there are many problems in Indonesian marriage law, including
interfaith marriages, same-sex marriages, unregistered marriages and contract
marriages. Regarding interfaith marriages, it is very clearly prohibited by
Islam and generally applies to religions other than Islam. Same-sex marriage
is also strictly prohibited in religious law and state law, because basically one
of the purposes of marriage is to produce offspring and preserve human life.
Meanwhile, sirri marriages and contract marriages are marriages that are
carried out illegally because they are not registered at the Office of Religious
Affairs or the Civil Registry Office. Indonesia is not a religious country, but
adheres to the principle of One Godhead in which all Indonesian citizens are
religious people. There are still many rules that need to be changed or added to
the Marriage Law, for example regarding rules/stipulations regarding strict
sanctions for violators of marriage law, be it for interfaith marriages, same-sex
marriages, unregistered marriages or contract marriages. Therefore, it is
necessary to revise Law Number 1 of 1974 concerning Marriage
The special law regulating marriage is Law Number 1 Year 1974. Many
parties assume that Law Number 1 Year 1974 needs to be revised because the
law has been too long and can not solve some problems of marriage in the
modern era . Therefore, there are still many rules that need to be changed or
added in the Marriage Law, for example about the rules/ provisions regarding
strict sanctions for marriage offenders, whether for the perpetrators of
religious marriages, similar marriages, marriage sirri and contract marriage.

9. Agrarian Law
Agrarian laws (from the Latin ager, meaning "land") were laws among
the Romans regulating the division of the public lands, or ager publicus. In its
broader definition, it can also refer to the agricultural laws relating to peasants
and husbandmen, or to the general farming class of people of any society.
In fact, the state has the responsibility to manage all agrarian resources,
for the welfare of all Indonesian people. As stated in Article 33 paragraph 3 of
the fourth amendment to the 1945 Constitution and the 1960 Basic Agrarian

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Law (UUPA 1960) that the earth, water, space and natural resources contained
therein are controlled by the state and used for the greatest prosperity of the
people. However, in the last decade, land issues in Indonesia have come to the
fore. One of the problems in the land sector that needs the attention of all
parties, namely the increasingly concentrated ownership and control of land in
a small group of people.
Another thing that can also be maximized from the implementation of
land reform is a tighter protection mechanism against changes in land use,
because it must be recognized that the pattern of land inheritance in
Indonesian society tends to encourage land fragmentation so that land tenure
by farmers is getting smaller. In order to ensure the effectiveness of land
reform, in addition to land redistribution, there must be binding clarity that the
object of the land/land cannot change hands or change its use, this will reduce
the transfer of control and ownership of land to land speculation or other non-
agricultural activities.
In principle, there must be harmonization of law, between laws and
organic regulations must be synchronous and harmonious. Looking at the
change in the system of relations between the center and the regions which
also involves changes in authority, it is time for synchronization and
harmonization to be carried out by changing the laws and regulations that
overlap and conflict with each other and provide great access for the
community to take part in synchronization and harmonization. . When the
community is involved, land policies in particular and other agrarian resources
will be rooted in the interests of local communities. Welfare matters, it is only
a matter of impact so that it will grow by itself if every citizen has equal
access to agrarian resources.
The recent rise of agrarian conflicts is closely related to the increase in
land grabbing. Land grabbing is a global phenomenon triggered by large-scale
land acquisition for global food needs. The number of land conflicts that often
harm the community, prompts the need for agrarian reform in this country.
The agrarian reform is in accordance with the Decree of the People's

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 Consultative Assembly of the Republic of Indonesia Number IX/MPR/2001
concerning Agrarian Reform and Natural Resource Management. The agrarian
reform will only succeed, if the agrarian law reform prioritizes farmers as the
main pillar of national economic development, without neglecting the interests
of investors and large investors as a source of development financing.

10. UU pemerintahan daerah

Currently, regional government is regulated by Law Number 23 of 2014
concerning Regional Government. Law Number 23 of 2014 concerning
Regional Government. Law Number 23 of 2014 concerning Regional
Government is a replacement for Law Number 32 of 2004 concerning
Regional Government. Law Number 23 of 2014 concerning Regional
Government has been amended twice, namely the first amendment to
Government Regulation in Lieu of Law Number 2 of 2014 concerning
Amendments to Law Number 23 of 2014 concerning Regional Government,
and the second amendment to Law Number 23 of 2014 concerning Regional
Government. Number 9 of 2015 concerning the Second Amendment to Law
Number 23 of 2014 concerning Regional Government.
Regional Autonomy is currently still looking for a position of balance
between the center and the regions. Local governments are not yet fully
empowered to finance all their needs, especially large social needs such as
health and education. The ability to manage and process natural potential
tends to be low, which is still in the form of raw materials and semi-finished
materials. This condition means that the region has not been able to improve
the community's economy through increasing the economic value of goods.
Thus, local governments still depend on financing from the balancing fund.
This condition is clearly not in accordance with the context of regional
autonomy to achieve independence. In addition, the focus of policy and

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financial allocation still lies with the central government. This can impede the
ability of the region to allocate funds for regional development as needed.
Solutions that can be offered include the qualifications of leaders or
regional heads. It is undeniable, the role of regional heads in determining the
direction of regional development is very large. If there is no political will
from the leadership, improvement efforts cannot be carried out. In addition,
regional heads are needed who are capable in their fields, responsive, critical,
have high creativity and innovation and have a strong will to change the
region for the better. For this reason, it is necessary to develop political cadres
by providing education and broad knowledge about local wisdom and the
importance of regional competitiveness. So far, most of the regional heads
come from political parties, thus the development of political cadres can be
carried out by the parties concerned and gives them the responsibility to
produce quality political cadres.
In addition to the leadership aspect that must be improved, the increase in
community involvement from various circles, not only the elite of society.
Increased involvement can be done through providing the widest possible
access to the entire community without causing discrimination for some
parties and providing clear and socialized procedures for their participation. It
is also the duty of the government to grant the broadest possible rights to the
public to obtain information regarding the administration of local government.
Provide a place and SOP for the public complaint mechanism, not only
through the complaint box, via email, call center or postal mail, but also
provide a forum or institution that specifically serves public complaints along
with efforts to make them happen. It does not have to form a new institution,
optimizing existing institutions/agencies or SKPD to provide a mechanism for
public complaints, is also a smart effort to open up opportunities for
participation and become a monitoring medium for the community.
Strengthening community participation can be realized through
optimizing Musrembang activities, starting from the Musrenbangdes,
Musrenbangcam to the Musrnebang at the district/city level. So far, the

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 policies produced through the musrembang are only accepted without any
effort to make them happen, this condition will lead to demotivation among
the people. It is undeniable, in fact, that the policy formulation that has been
discussed in the musrenbangdes and jsrenbangcam, when brought to the
musrenbangda level, must clash with the work program that has also been
prepared by the respective SKPD concerned. In addition, the reason for the
limited budget ceiling is also an obstacle to realizing the policies formulated in
the Musrenbang. Thus, the agreement in Musrembang must be answered by
the government, so that the community will feel that their existence and their
participation are needed in the development process in regional autonomy.
The government must also be smart, creative and innovative in formulating a
policy, especially the ability to prioritize programs in the regions, so as not to
cause social jealousy in the community itself.

11. Death Sentence

Capital punishment, also known as the death penalty, is the state-
sanctioned killing of a person as punishment for a crime. The sentence
ordering that someone is punished with the death penalty is called a death
sentence, and the act of carrying out such a sentence is known as an execution.
In July three years ago, Indonesian authorities executed Humphrey
Jefferson (Nigeria), Seck Osmane (Senegal), Michael Titus Igweh (Nigeria),
and Freddy Budiman (Indonesia). They are convicts of drug cases. A year
later, the Indonesian Ombudsman found maladaptation of the execution of
Humphrey alias Jeff. They said the execution should have been postponed,
because Jeff was applying for clemency at the time. Based on Article 13 of
Law Number 22 of 2002, "for death convicts, attorneys or families of the
convicts who apply for clemency, the death penalty cannot be carried out
before the Presidential Decree concerning the rejection of clemency requests
is received by the convict."

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 The problem of the death penalty in Indonesia is not only that. Another
problem is related to the legal process which is far from good: the trial process
is aligned with the general assembly, even though it should not be like that.
Researcher from the Institute for Criminal and Justice Reform (ICJR)
Maidina Rahmawati said that "the state may apply the death penalty."
However, the punishment is only for perpetrators who commit the most
serious crimes. “That is, having an immediate death effect, producing a real
impact. For example the death of hundreds of people at once. The conditions
are very high,” said Maidina. In Indonesia, the death penalty still mostly
targets narcotics convicts. In fact, according to UN rules, the death penalty
should not be applied to it. Even countries that carry out the death penalty
cannot be separated from the principles of a fair trial, namely: the right to legal
assistance at every stage, the right to be free from torture, the right to an
interpreter so that the accused understands all charges, and equality between
prosecutors and lawyers.
In addition to cases of bad law in Indonesia, the death penalty is also
actually problematic because this verdict has never really provided a
measurable deterrent effect. It is also a punishment from the Dutch Colonial
era to control the colonized society which is no longer contextual. On this
basis, various NGOs, including the Institute for Criminal Justice Reform
(IJCR), took a stand. The attitude they think the government should adopt is
the abolition of the death penalty from the Indonesian legal system.

12. Addictive Drugs Law

In order to prevent and eradicate the abuse and illicit trafficking of
Narcotics which is very detrimental and endangers the lives of the community,
nation and state, the General Assembly of the People's Consultative Assembly
of the Republic of Indonesia in 2002 through the Decree of the People's
Consultative Assembly of the Republic of Indonesia Number VI/MPR/2002
has recommended to the House of Representatives. People of the Republic of

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Indonesia and the President of the Republic of Indonesia to make changes to
Law Number 22 of 1997 concerning Narcotics.
Law Number 22 of 1997 concerning Narcotics regulates efforts to
eradicate narcotics crimes through threats of fines, imprisonment, life
imprisonment, and death sentences. In addition, Law Number 22 of 1997 also
regulates the use of Narcotics for the benefit of treatment and health and
regulates medical and social rehabilitation. However, in reality Narcotics
crime in society shows an increasing trend both quantitatively and
qualitatively with widespread victims, especially among children, adolescents,
and the younger generation in general.
This Law also regulates the participation of the community in efforts to
prevent and eradicate the abuse of Narcotics and Narcotics Precursors
including the awarding of community members who have contributed to the
prevention and eradication of the abuse of Narcotics and Narcotics Precursors.
The award is given to law enforcers and the public who have contributed to
the prevention and eradication of abuse and illicit trafficking of Narcotics and
Narcotics Precursors.
In every narcotics case, in fact law enforcers to the case breaker must
depart from the same rules, namely Law Number 35 of 2009 concerning
Narcotics. The law is a 'special' regulation that deviates from the criminal
system that has been in effect in Indonesia. It is said to be 'special' because this
law adheres to a double track system of punishment for self-abusers with an
obligation for all court institutions in Indonesia to punish rehabilitation. The
dealers are sentenced to prison or death.
However, in other parts of Indonesia, there are still judges' decisions
against narcotics abusers who are sentenced to imprisonment without
rehabilitation. This of course ignores the essence of the existing regulations. In
fact, causing problems in the history of legislation in Indonesia. Another effect
of this is the burden on the state which has to pay for narcotics convicts while
serving their criminal period in a correctional institution.

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 Base clause number 112 states that anyone who without rights or
against the law owns, keeps, controls, or provides Narcotics Category I which
is not a plant, shall be punished with imprisonment for a minimum of 4 (four)
years and a maximum of 12 (twelve) years and a fine a minimum of Rp.800
million and a maximum of Rp. 8 billion. Article that makes the victims of
drug users can be imprisoned. In the concept of rehabilitation, judges can
decide drug users to undergo medical rehabilitation and social rehabilitation in
an effort to return users to normal lives again.

The author believes that rehabilitation is much better than prison. If

users are rehabilitated, they will recover from their dependence and are
reluctant to consume illicit goods again. This is because the legal construction
in this country adheres to a double track criminal system, which in essence,
users who are convicted of a crime, the punishment is carried out for
rehabilitation. The rehabilitation is not carried out in a correctional institution
but in a special place for rehabilitation.
The conditions for the suspect, the defendant who can be rehabilitated
medically or socially from the perspective of the public prosecutor, are
positive for using narcotics (laboratory BAP); there is a recommendation from
the Integrated Assessment Team; not acting as a dealer, dealer, courier or
producer; not a narcotics case recidivist; and when arrested or caught red-
handed without evidence or with evidence that does not exceed a certain
amount.
Imprisonment for victims of narcotics abuse is a deprivation of freedom
and contains a negative side so that the purpose of punishment cannot be
realized optimally. While Rehabilitation is intended so that abusers who are
categorized as addicts are free from their dependence. It's not that they're free
or free from punishment like prisons, but they are fostered. If in prison,
instead of coaching in a correctional institution, the abuser gets worse, the
result is that the judge's decision will not bring benefits to the abuser and then
the person will return to society and will not be a better person. So according

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 to the author, rehabilitation is an effective punishment in suppressing narcotics
cases in Indonesia.

13. Legislative, Executive and Judicative

The concept of separation of powers in state administration is one of the
key characteristics of a modern constitutional state. This concept is a result of
a long experience that all powers which were previously concentrated on a
King or a Queen, especially in countries applying theocracy, led to unrest and
abuse of authority. It was John Locke who came up with the idea about the
necessity to divide state power into 3 (three) functions, namely legislative,
executive, and judicative.
The Indonesian legal system recognizes legislative review and
executive review. Legislative review and executive review are efforts that can
be made to amend a law through the legislative or executive institutions based
on the legislative functions possessed by the two institutions as regulated in
the constitution in Article 5 paragraph (1) and Article 20 paragraph (1) 1945
Constitution and Law 12/2011.
The checks and balances mechanism is one of the principles that needs
to be strengthened in Indonesia’s state administration system. The idea of
checks and balances has actually been brought up in public debates. The idea
of judicial review, for example, already existed during the formulation of the
1945 Constitution prior to Indonesian independence. It was first conveyed by
one of the founding fathers, Moh. Yamin. The idea of judicial review
continued to present, especially among academicians, but it had never been
successfully legally institutionalized. Therefore, prior to the amendments to
the Constitution, Indonesian judicial body did not have the authority to
conduct constitutional review. At that time, judicial review of laws could only
be conducted by the legislative body through the mechanism of legislative
review or political review, whereas the real power of this body used to be
strongly dominated by the President.

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 Based on the experience of many countries, the independence and
position of the Constitutional Court demonstrate a great deal of variety. While
some Constitutional Courts have very strong authorities and independence,
others have weak authorities and independence. During the existence of the
Indonesian Constitutional Court, its independence or the independence of its
Constitutional Justices can be regarded as properly maintained. The
President or the leadership of other state institutions has never attempted to
influence any decision to be made by the Constitutional Court. This certainly
does not occur automatically, but it is rather facilitated by the state
administration system intentionally designed for such purpose through the
amendments to the 1945 Constitution and the formulation of the
Constitutional Court Law.
In order to create such independence, the Constitutional Court applies
the principles of good governance, namely independence, transparency and
accountability, as well as the principles set out in the International Framework
for Court Excellence (IFCE). In addition to that, the independence of
Constitutional Justices in Indonesia is also supported by the Code of Ethics for
Constitutional Justices, which was prepared based on the Bangalore
Principles of Judicial Conduct. Equally important has been the very strong
trust vested by the people and the press in the Constitutional Court,
particularly with regard to its decisions. For all of the above mentioned
reasons, every decision made by the Constitutional Court as its main product
has been respected and implemented with full responsibility by the legislative
body, the executive body, other state institutions as well as the parties to the
cases and the general public at all times

---- sorry if there is a mistake, thank you ---

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