University Of Bengkulu Law Journal

The Challenges of Covid-19 National Economic Recovery in Indonesia: The Need for Accountability during Emergency

Qurrata Ayuni — Tue, 31 Oct 2023 00:00:00 +0000

This paper discusses the challenge of accountability of Indonesia national economic recovery policies in the COVID-19 pandemic emergency. There are pros and cons to ensuring the accountability of the national economic recovery policy in the legal and legislative aspects. This paper finds three main issues; First, there is an oversized power that the government has in reallocating the state budget. Second, there is the potential for immunity for irregularities in state finances with the argument of national economic recovery. Third, the need for checks and balances from the state power branch to carry out supervision. Using a normative juridical study, this paper emphasizes the importance of the role of the legislative and judicial branches of power in ensuring accountability for the use of state finances on the pretext of a COVID-19 emergency

Restrictions on the Internet Freedom in Turkey

Siska Katalin; Rehulina Rehulina — Mon, 30 Oct 2023 00:00:00 +0000

Turkey's Internet has 42.3 million active users and holds a 'Not Free' ranking in Freedom House's index. The Turkish Government has constantly blocked websites like Facebook, Twitter, YouTube, and Wikipedia. According to Twitter's transparency report, Turkey leads in social media censorship. Reporters Without Borders ranked Turkey 149th out of over 180 countries, between Mexico and DR Congo, with a score of 44.16. In my study, I summarize the legislative amendments of recent years that apply to internet regulation, with particular regard to those rules that allow the restriction of internet freedom. I pay special attention to the institutional changes that followed these amendments.

Relationship Patterns of Central and Local Governments in The Utilization of Mining Space And Area Post The Decision Of The Constitutional Court No. 37/PUU-XIX/2021

Herawan Herawan — Mon, 30 Oct 2023 00:00:00 +0000

Law No.3 of 2020 concerning Mineral and Coal has serious problems because it stipulates that the management of mineral and coal resources is under the control of the central government. In the Mineral and Coal Law there is also a division of mining business areas. However, changes in the use of space and mining areas in the Mineral and Coal Law are not explicitly guaranteed. Therefore, the articles governing the use of space and mining areas were subject to material review by the Constitutional Court and in Decision No.37/PUU-XIX/2021 it was stated that the application was partially granted. This research answers 1). How is the dynamics of mining management arrangements in the three laws, and 2). What are the implications of Decision No.37/PUU-XIX/2021 on the dynamics of relations between the central and regional governments. This research is normative research. The results of this study state that there is a provision regarding the guarantee of no utilization of mining space and area from the Central and Regional Governments because the utilization of mining space and area can only be carried out as long as it does not conflict with the laws and regulations. This is guaranteed by the Constitutional Court in its Decision No.37/PUU-XIX/2021.

From Southern Bluefin Tuna Case to Biodiversity Beyond National Jurisdiction (BBNJ)

Sumullika Dowsuwan, Juntratip Sukhum — Mon, 30 Oct 2023 00:00:00 +0000

This paper aims to study the prescription of provisional measure of International Tribunal for the Law of the Sea (hereinafter ITLOS) on Southern Bluefin Tuna case between New Zealand and Japan; Australia and Japan. Moreover, this case concerns the Southern Bluefin Tuna (hereinafter Bluefin Tuna) fishing, Japan’s experimental fishing program exceed the set level by parties and the approach of ITLOS can clarify the example of the circumstance in order to take a provisional measure to prevent serious harm to the marine environment. The results show that this case can illustrate the approach of ITLOS to take a provisional measure as follow: tribunal shall take into account the circumstances to lead a serious harm to the marine environment. Additionally, this dispute, the circumstance of Japan exceeded Bluefin Tuna fishing, it brings about to be the serious harm to the marine environment. Thus, ITLOS notes that Japan, New Zealand and Australia should take the effective conservation measure in order to prevent serious harm to the stock of Bluefin Tuna because the conservation of the Bluefin Tuna is an element of protection and preservation of the marine environment. Nowadays, Biodiversity Beyond National Jurisdiction (hereinafter BBNJ) helps to preserve and protect the Bluefin Tuna as marine environment for the next generation also.