STARTING A NEW JOURNEY ISSUE #10 OF ALSA INDONESIA MAGAZINE | JULY 2016
CON TEN TS Editor in Chief Wildan Rizky Nugraha Coordinator of ICT ALSA National Chapter Indonesia 2016-2017 Supervisor Almira Siti Nadiva Zulfandiari Secretary General ALSA National Chapter Indonesia 2016-2017
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THE NATIONAL BOARD 2016-2017
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BOARD OF 2016-2017 PROFILE
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LOCAL CHAPTER EVENT REVIEW
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LEGAL OPINION
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LEGAL REVIEW
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PAST EVENTS
Forewords
azman rishad president of alsa indonesia 2016 - 2017
G
reetings, my fellow ALSAians! This is the #10 issues of ALSA Indonesia Magazine. This issues is the ďŹ rst issue produced in the term of ALSA Indonesia 20162017. I hope you guys are interesting to reading this magazine until the end. I would like to thank the former National Board ofďŹ cers, Alumni, and Local Chapters who made it possible for the magazine to be completed. ALSA, Always be One!
wildan rizky nugraha coordinator of ict alsa indonesia 2016 - 2017
the national board 2016-2017
Azman has been active in ALSA since 2013 and he has participated almost in both ALSA National and International Events. Before he elected as President, he was Manager of Funding Division ALSA Local Chapter Universitas Gadjah Mada and awarded by National Board ALSA National Chapter Indonesia 2015-2016 as Best Funding Division in ALSA Indonesia. And now he is dedicating his life for ALSA National Chapter Indonesia to do what needed to be done. Azman Rishad President Ami started her journey in ALSA when she first joined Organizing Leadership and Management of ALSA (OLMA) ALSA Local Chapter Universitas Diponegoro back in 2014. She applied herself as an intern of Human Resourches Development Division (HRD) ALSA LC Undip. She has been an active member in her local chapter. Didn't want to let her ALSA journey plain, she decided to join her very first national and international event, which are Seminar & Workshop Nasional and ALSA Forum. She is now currently the Secretary General of ALSA National Chapter Indonesia for the year 2016 - 2017. Being a national board is not easy as Ami is constrained in a good way to perform to the utmost for the betterment of ALSA National Chapter Indonesia. Throughout this position, Ami wishes to gain many things in a broader scope. Almira Siti Nadiva Zulfandiari Secretary General
Wildan has been active in ALSA since joining the Open House of ALSA LC Unhas 2014 and become staff of Technology Information and Multimedia (TIM) Department. On October 2015, he participated in Pra-Musyawarah and ALSA Leadership Training XXII ALSA Indonesia held in Makassar as a Committee, and participated in Musyawarah Nasional XXIII Purwokerto as Delegates of ALSA LC Unhas. Wildan Rizky Nugraha Coordinator of ICT
Alvina Giove Renata or better known as Giove began her journey in ALSA by being a Staff of External Public Relations of ALSA LC UI in 2014 and later became the Vice Manager of External Public Relations of ALSA LC UI in 2015. She gained many experiences and knowledges by joining ALSA. She had participated in several national events held by ALSA Indonesia, such as Seminar & Workshop National XXI in Bali and Seminar & Musyawarah Nasional XXIII in Purwokerto. She hoped that she could contributes more in ALSA Indonesia by dedicated as Coordinatoor of Finance National Board ALSA Indonesia 2016-2017. Alvina Giove Renata Coordinator of Finance
Ghifari is a third year law student and has been active in ALSA since 2014, having interest in ALSA since high school, Ghifari only choose ALSA to be a place to develop himself. He was once an internship in HRD division and become staff in External Relation Affairs Division. His first involvement in national agenda was when he chosen as delegate for Seminar and Workshop National Bali in 2014 and after that he is still participated in several national events and also in two international events. With his knowledge and experience, now, as his appointment as Vice President of Internal Affairs I, expected he could make ALSA Indonesia better. Ghifari Ananto Baskoro VP of Internal Affairs I
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Adit is now currently Vice President of Internal Affairs II National Board ALSA Indonesia, his involvement and interest in ALSA begin when he was became a member of ALSA LC UB as staff of Funding division and followed by his appointment in Local Board ALSA LC UB as Coordinator of Alumni Relation. Aditya has contributed in many ALSA event as committee and as delegate, which are, became staff of Liaison Officer in Rapimnas ALSA Indonesia 2014; ALSA LC UB delegate of Semworknas Bali 2014; Pramunas and ALSA Leadership Training Makassar 2015; Semunas Purwokerto 2016 as well as chosen as ALSA Indonesia delegate of ALSA Forum Hong Kong 2015. Aditya Chandra Darmawan VP of Internal Affairs II Stephanus Karmel was started his journey in ALSA when he was selected as the delegates of ALSA LC Universitas Brawijaya for National Moot Court Competition 2014 which held by ALSA LC Universitas Jember. He was previously positioned as Vice Director of Human Resources Development ALSA LC UB. Stephanus Karmel VP of Academic Activities and Training I
Yessi started her journey in ALSA since her first year in law school, when she became member of ALSA LC Unsri. Yessi’s passion in this association, encourage her to contributes in various both National dan International Events in ALSA. Yessi has experiencing 6 National and 1 International Events. As delegate and one of her most significant contribution when she was mandated as Project Officer of ALSA LC Unsri’s Legal Coaching Clinic 2014 and became Secretary General of National Seminar and Workshop ALSA Indonesia 2015 held by ALSA LC Unsri. Now, with experiences she has acquired in ALSA, Yesi dedicated herself for ALSA Indonesia as Vice President of Academic Activities and Training II after finished her duty in ALSA LC Unsri as Vice Director of Academic Activity Yessica Diana VP of Academic Activities and Training II Currently on third year student, Rizky started her career in ALSA when she was in very first year as staff of Internal Affairs division in ALSA LC UGM, and in second year Rizky has appointed as part of ALSA LC UGM Local Board as Coordinator of Alumni Relation in External Division ALSA LC UGM. Rizky has participated several ALSA event both national and international , inter alia; ALSA Semworknas Bali in 2014, POWB Bandung 2014, ALSA Conference Malaysia 2016 and Semunas XXIII Purwokerto. In addition Rizky has also experienced as part of ALSA International Committee which are handling ceremonial division in ALSA Indonesia Study Trip and Chief Manager of Registration of ALSA International Moot Court Competition. In present, hopefully Rizky appointment as Vice President of External Affairs I could bring ALSA Indonesia for the greater good. Rizky Rachmadina VP of External Affairs I Najma Amira, has always been interested in joining ALSA. She started her contribution through ALSA Local Chapter Universitas Airlangga (ALSA LC UNAIR) in 2013. Since then, she participated in several events such as event coordinator of ALSA OLMA 2014 and project officer of Seminar ALSA LC UNAIR 2014. She also had a contribution in the national events such as SEMUNAS XXI , SEMWORKNAS XXI , SEMUNAS XXII , PALT XXII and last but not least SEMUNAS XXIII . She then became the Vice President of External Affairs ALSA Indonesia in 2016 following her beforehand position as ALSA LC UNAIR external division staff in 2015. Apart from her contribution in ALSA Indonesia, she was also a delegate of ALSA Conference 2014 in Srilanka and ALSA Forum 2015 in Hongkong. For her, ALSA gave back to her the skills she needs by devoting herself in ALSA. Najma Amira VP of External Affairs II
Universitas Brawijaya ALSA Enterpreneurship ALSA Entrepreneurship that organized by ALSA Local Chapter University of Brawijaya with the theme “Creativity Start From the Young”, also about how to be a good entrepreneur and soft skill development that highly needed in the working world in the future. This event isn't just for member ALSA LC UB but also for Brawijaya students. This ALSA Entrepreneurship was held by our Local Chapter to create a meaningful activity.
Universitas Indonesia ALSA E-Comp 2016 The 20th ALSA National English Competition (ALSA E-Comp 2016) has been one of the biggest english competition with almost 950 participants from High School & Varsity students all over Indonesia. There are eight branches of competition which are Debate, Speech, Newscasting, Spelling Bee, Battle of Brains, Story Telling, Paper Presentation & E-Comp MUN. This year's theme was “Empower The Bravery, Gear Up for the Victory”, we believe that ALSA E-Comp 2016 has not only enchanced the ability of english linguistic for its competitors, but also enhanced in being brave, firm, broad-minded in which to achieve succes and victory.
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Universitas Diponegoro Grand Opening Mono Tetra Mono Tetra (monte) is one of innovation from ALSA LC Undip Local Board 2015-2016. Monte is our business project in Funding Division. In mono tetra, we sell a noodle in some spicy level and also a toast with various topping. Honestly, one of the purpose of Monte is to help and support ALSA LC Undip ďŹ nancial in the upcoming years. But, furthermore we try to embed the entrepreneur skill of ALSA LC Undip's member. Hopefully, in the future, the member of ALSA LC Undip could create a job ďŹ eld, not just searching for a job.
Universitas Syiah Kuala Warung Ramadhan : Mari Bersedekah di Bulan yang Penuh Berkah As one of the program by Internal Department, Warung Ramadhan is a manifestation of ALSA LC Unisyah to care each other in Ramadhan. This is a series of events that held on June 14th-25th. ALSA LC Unsyiah was selling takjil to gather money for Sahur On The Road and Buka Puasa Bersama Dhuafa. This year Warung Ramadhan is kind of different than the previous Warung Ramadhan.
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Universitas Gadjah Mada How To Be A Good Enterpreneur 2016 This is an annual event that held by Funding Division of ALSA LC UGM. On this year, How To Be A Good Entrepreneur was held on May 27th at Gedung PKKH UGM, Yogyakarta. The Event is started at 9 A.M. with business plan competition. At 3 P.M. proceed with seminar from three young entrepreneurs, Michael Edo, Yudha Permana, and Diva Arsita. The three of them is started their own business in young age and right now they are still under 30 years old.
Universitas Jember ALSA Expert Class: Manners Psychological Problems of Moot Court Ethics in this era, are greatly affected human life. Ethics gives people orientation of how people lived in daily life. That means, ethics helping people to take an act in some condition. Therefore, through ALSA Expert Class held in the Faculty of Law, Universitas Jember on June 4th , is expected to provide of how the conditions of the legal profession perform a job as opposed to psychological condition that occurs. And how a judge maintains the integrity of the code of ethics as an emblem of the legal profession, mentioned in cases that often happen.
Universitas Airlangga ALSA LC Unair 23rd Anniversary ALSA LC Unair is established on May 18th 1993. At the beginning, ALSA LC Unair's founding mother, Mrs. Jani Purnawanty JasďŹ n introduce ALSA to Universitas Airlangga. Since that time, ALSA LC Unair is thrive to become a big organization like today. ALSA LC Unair will always be a place to be called home, where all the members can learn, grow, and lead.
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Universitas Padjadjaran Seminar & Workshop This is one of ALSA LC Unpas's annual program. Every year, ALSA LC Unpad held this event six times. Until today, ALSA LC Unpad had an ofďŹ cial partners for this event like, Hadiputranto Hadinoto & Partners, Ginting & Reksodiputro, Pertamina Parta Niaga, and many more. The Seminar & Workshop goal is to develop law students' intellectuality in Faculty of Law, Universitas Padjadjaran.
Universitas Sam Ratulangi ALSA Bookfest 2016 In the middle of modern era, technology has been a great deal to help people's life, including education. With so many beneďŹ t that we get from technology, there are still some negative effect. ALSA LC Unsrat initiate this program to be back using an old method to improve education with reading a book. ALSA Bookfest 2016 is held on March 10th-11th at Faculty of Law Universitas Sam Ratulangi's Parking Lot, Manado.
Universitas Sriwijaya ALSA Inauguration This program is an event to induct Local Board ALSA LC Unsri Period 2016-2017 and inaugurate Staff Board ALSA LC Unsri period 2016-2017. Parents/Guardians of the board is invited to this event.
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Universitas Udayana ALSA Sports Day I ALSA LC Unud has so many program to do and require the hard work of all members. ALSA Sport Day I is a program that aim to make ALSA LC Unud's members get a distraction and refreshment to relieve their stress. This program is brought to ALSA LC Unud's members by Internal Affairs Division. The theme of this program is “The Water is Our Sky and The Field is Our Stage”.
Universitas Jenderal Soedirman Musyawarah Lokal ALSA LC Unsoed XVI Every year ALSA LC Unsoed change their Director on this Local Forum. This event started on June 10th. From this Forum, the previous Director, Muhammad Zarka is step down and replaced by the new elected Director, Ilmawan Husain.
Universitas Hasanuddin ALSA Legal Discuss
ALDIS is one of the program that held by ALSA LC Unhas. This Event is held on May 11th at Lab. Mootcourt Harifin Tumpa, Faculty of Law, Universitas Hasanuddin, Makassar. The theme for this event is “Busway untuk Mengatasi Kemacetan : Solusi atau Ilusi?”. 126 participants is attended this event from local authorities, academics, and collage student around Makassar.
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COMING SOON
Legal Coaching Clinic
Legal Coaching Clinic
THE APPLICATION OF LAW AGAINST THE PERPETRATORS OF ILLEGAL FISHING BASED ON THE PERSPECTIVE OF NATIONAL LAW AND THE INTERNATIONAL LAW Written by: Stephanus Karmel (Vice President of Academic Activities and Training I) Indonesia is an archipelagic state with 17.506 scattered islands throughout the Nusantara. As an archipelago country, Indonesia has a lot of natural features that comes from the ocean that surrounds the country. Biota-sea life found it to be one of the positive things that support the process of exploration, in order to cultivate the richness of nature. The exploration process, purely is just can be done by the people of Indonesia itself, and foreign companies that did have permission as well as the contract of cooperation with the Government of Indonesia. The vastness of the sea area of Indonesia with their natural resources contained in them has led to a gap, particularly in terms of Indonesia maritime security. Supervisory officer waters Indonesia foreign flagged ships catch two Malaysia in Indonesia EEZ area in September 2013. From both ships successfully secured evidence in the form of the catch and also capture tool which is a capture tool that is in the form of illegal Trawling (trawl of Tigers). Both also were arrested for not having a License (SIUP) Fishing Effort and Fishing Licence (SIPI) from the Government of Indonesia. 10 people, including three CREW on BOARD the ship's captain has been declared as a suspect because the captain is the third person of the most responsible, while others planned to be in deportation.
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Number of foreign ships to easily enter the territorial waters of Indonesia. It's not just up there alone, foreign ships sailing also has committed an act which is extremely detrimental to the parties in Indonesia, namely by making theft of fish without having a permit, and other administrative requirements already specified by the Government of Indonesia. Based on the foregoing, it can be seen that the act has been violated the provisions that have been regulated in the regulation that have been made by the Government of Indonesia, and has also violated the provisions regarding the authority and sovereignty of the territorial waters of a country that has been set in the United Nations Convention on Law of The Sea. Based on the provisions of article 73 UNCLOS 1982 coastal States in exercise sovereign rights efforts can take the ship, checking, arrest and conducting court proceedings, as necessary to ensure conformity with these regulations are established in accordance with the provisions of this Convention. A captured ships and their crews must be immediately freed after being given a decent deposit. But at the moment this happened legal issues in Indonesia exclusive economic zone outside activities of exploration, exploitation and processing of biological resources. In addition that can be categorized in a crime or criminal act which included in International crime is by analyzing the scene, the nationality of the offender and the victim, the object in the form of property belonging to foreigners and values of humanity, justice and legal consciousness of mankind.
And thus the perpetrators of crime, by any State has the right and obligation to capture, detain, prosecute and try perpetrators of such crimes. LEGAL ISSUES Illegal fishing cases until now unresolved due also due to inadequate efforts made by Indonesia in dealing with the problem of illegal fishing in the EEZ of Indonesia. Surveillance around the waters of Indonesia conducted by the Government of Indonesia still lacks in terms of ship Superintendent and also the number of days of operation. ANALYSIS Indonesia as a sovereign independent country has jurisdiction over the sovereign rights included in area, including the exclusive economic zone. What is meant by ZEE are an area beyond and adjacent to the territorial sea, subject to the specific legal regime set out in this chapter are based on which the rights and jurisdiction of the coastal State and the rights and freedoms of other countries, are governed by the relevant provisions of this Convention. While the Indonesia exclusive economic zone (ZEEI) is the line outside and berbabatasan to the sea area of Indonesia as defined under the laws in force regarding Indonesia's waters that include the seabed, the land beneath it and the water in the outermost limit of topped with 200 (two hundred) nautical miles measured from the base of the Sea region of Indonesia. According to the territorial principle, the enactment of the criminal law of a State is based on the place where the Act was done, with a note that the venue should be located in an area where criminal law is valid. So the ZEE is not subject to the full sovereignty of coastal States. Coastal States only enjoys sovereign rights and not sovereignty. Aspects of freedom on the high seas applies also in ZEE. On ZEE, Indonesia can not arbitrarily applying its national law, unless it is not contrary to international law which is derived from treaties, conventions, and so forth.
For Indonesia, ZEEI was a region which had a full sovereignty in connection with the economic problems. The main reason the marine and fisheries sector need to be built that is, Indonesia has a large sea resources and resources in the marine and fisheries sector is the power source that is always renewable (renewable resources) so that survive in the long term if it is followed by the good management. The security side of law enforcement at sea, the efficient use of such resources potential is facing various problems. The problem for this quite seriously and strongly discourages the development of marine and fisheries sector is the practice of illegal fishing which is carried out by foreign-flagged vessels fish and ships fish alien who steal fish in the territorial waters of Indonesia as well as the use of older ships which do not comply with the provisions in force. Therefore the Government must strive to tackle illegal fishing practice through operational policy measures and concrete actions on the ground so that illegal fishing can be pressed is minimal as possible and law enforcement in the field of fisheries can be done firmly and consistently. Geneva Convention on the high seas and the Convention on the territorial Sea and the additional Zone in 1958 and 1982 UNITED NATIONS law of the sea Konvesi put the law relating to the use of the ships at sea in the context of the law of the sea governing the sea. However the nationality and status of the ships as well as the rights and obligations of the flag State of the vessel can be applied to other marine areas outside of the high seas. The ship is seen to have an nationalities for the benefit of international law. For foreign citizens who catch fish in the EEZ as well as conservation actions must comply with the other provisions of the rules contained in the legislation of the country Indonesia. So, the fishing that is conducted in ZEEI with do not meet conservation actions as well as the provisions of the legislation it is called Indonesia fishing illegally.
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The problems of maritime and fisheries law enforcement faced among others are: 1. The lack of scrutiny against the management and utilization of fish resources resulted in some areas experiencing pressure over fishing which exceeds carrying capacity of the water. This has resulted in a decrease in the income and welfare of fishermen so that push the fishermen doing fishing that is contrary to the legislation. 2. Violations of the use of Fishing Tools and areas supervisory Management System Capture and utilization of fish resources which during applied, has not shown an encouraging results so haven't been able to reduce violations of the use of fishing and catching drastically. 3. The charges of the international utilization of fish resources by fishing ships and foreign flagged ships uncontrolled Indonesia, then many international accusations for Government Indonesia. So that Indonesia seemed to be unable to manage the utilization of fish resources responsibly. 4. Permission violations Allegedly currently mostly (70%) of the fishing vessels flagged Indonesia who obtain permission to operate in the waters of Indonesia EEZ still owned by foreign parties. 5. Permitting. Mafia of illegal fishing are occurs in the languid waters of Indonesia that successfully captured by law enforcement agencies, is a proof that there are still many violations occurred in the territorial waters of Indonesia, including in the area of ZEEI. The increasing variety of violations of the law of the Sea including illegal fishing the maritime aspect of the threat. Whatever type of threats that occur in waters within the jurisdiction of Indonesia are basically lead to threats and legal sovereignty at sea. In maintaining a State of ZEEI, it is the duty of law enforcement agencies to take all precautions against violations, including illegal fishing as well as a safeguard against the territory of ZEEI.
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In formyl should pay attention to and subject to the two provisions of the law, namely the law of national and international law. The harsh sanctions and accordingly in the judicial process intended to give a deterrent effect for the perpetrators of illegal fishing. The provisions of law enforcement ZEEI, arrange things as follows: 1. Arrests against ships and or persons suspected of committing offences in ZEEI include the cessation of actions the ship up to the cession of the ship or the people on the harbor in the matter in question can be further processed; 2. The handover of the ship or the person should be done as soon as possible and should not exceed a period of 7 days except in the circumstances force majeure; 3. Law enforcement in the field of investigation in ZEEI was an officer of the Indonesia NAVY; 4. The public prosecutor is a Prosecutor at the District Court concerned; 5. The District Court had authority to prosecute violations of terahadap terms of ZEEI is the District Court area of the law include the port of detention is performed aboard the place or people; 6. Petition to free the ship or the people arrested can be done at any time before there is a decision from a Court of competent jurisdiction, by paying a decent amount of money guarantee set forth by the Court authorities; Activities relating to the exploration and exploitation of natural resources fisheries foreign ships for then who do an illegal fishing can be included into the criminal act. Another thing that is closely related to the issue of enforcement is a setting that is known in the law of the sea as the Chase immediately. The pursuit of instantaneous is the pursuit of a foreign ship voluntarily in the sea as a violation of the legislation of the country pursuit. Chase immediately set in article 111 UNCLOS 1982.
In a pursuit once associated with two things that are important, namely allegations of coastal States should have a solid foundation, and the offense must be an infringement of the legislation announced by the coastal States over the ZEE in accordance with the UNITED NATIONS system of the UNCLOS. The Chase once only conducted by warships, military aircraft, ships or other planes belonging to the Government. The existence of the guarantee law enforcement at sea is an absolute requirement for the realization of the optimal management of the sea that can prevent and cope an illegal fishing. CONCLUSION Indonesia exclusive economic zone (ZEEI) is a sea area was in line outside and bordering the sea area of Indonesia with the outermost limit of 200 nautical miles measured from the base of the Sea region of Indonesia. In the region attached to a sovereignty in the field of economy, so that every action is closely related to the issue of the management of the sea and the land beneath it must get p e r m i s s i o n f ro m t h e G ove r n m e n t o f Indonesia. Indonesia as coastal States sovereign has the right to exploration and exploitation of the natural resources contained in ZEEI and the jurisdiction with regard to the implementation of those rights. This is in accordance with the provisions of article 5 paragraph (1) of Undang-Undang No. 5 of 1983, ZEEI that all forms of exploration and exploitation of natural resources must be completed smuber the consent of the Government of Indonesia.
If foreign ships coming into ZEEI raises a suspicion or illegal fishing activities has been doing then authorizes the Government of Indonesia through its officials to stop or capture foreign ships with all his crew headed to the nearest port. Starting from dotted Article 56 paragraph (1) of subsection (a) UNCLOS 1982, UN stated that coastal States have sovereign rights over the utilization (exploration and exploitation) over the natural resources in the EEZ. So that it can formulate, whoever has a right over an object then it is a logical consequence of the possession as it came right to defend it. If this premise is applied to the rights of coastal States to make use of natural resources (particularly fish) in ZEE then logically the consequence is that natural resources. One manifestation of the rights maintain it is the form of the application of criminal jurisdiction. So the State of Indonesia as the coastal States sovereign rights that has to manage and exploit fish in ZEE then over criminal acts of illegal fishing then Indonesia was seen to have criminal jurisdiction. In keeping activities in accordance with the regulations and to prevent all criminal acts in particular illegal fishing that occurs in ZEE, Indonesia as a sovereign State sets legal products in the form of legislation. Only the laws set by a sovereign State which is followed by the masayarakat of the world. Therefore products law a country can exist from the sovereignty of the country.
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http://infopublik.kominfo.go.id/read/812/kkp-tegaskan-penangkapan-dua-kapal-ikanberbendera-malaysia-sudah-sesuai-prosedur.html
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Article 55 UNCLOS 1982
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Article 2 Undang-Undang Nomor 5 Tahun 1983 tentang Zona Ekonomi Eksklusif Indonesia
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Chairul Anwar, 1995,ZEE Di Dalam Hukum Internasional, Sinar Grafika, Jakarta, page 162-163
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See the provisions of article 13, 14, 15 UU No. 5 Tahun 1983 tentang Zona Ekonomi Eksklusif Indonesia
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REGULATION OF
QANUN JINAYAH (Aceh’s Criminal Law) AGAINST
INDONESIA’S CRIMINAL LAW Written by: Andrew Timothy ALSA LC Universitas Udayana 18 | ALSA Indonesia Magazine
Law is a system of rules that are enforced through social institutions to govern behavior. Laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or by judges through binding precedent, normally in common law jurisdictions. Private individuals can create legally binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process. The formation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people. The term "society" came from the Latin word societas, which in turn was derived from the noun socius ("comrade, friend, and ally"; adjectival form socialis) used to describe a bond or interaction between parties that are friendly, or at least civil. Without an article, the term can refer to the entirety of humanity (also: "society in general", "society at large", etc.), although those who are unfriendly or uncivil to the remainder of society in this sense may be deemed to be "antisocial". However, the Scottish economist, Adam Smith taught instead that a society "may subsist among different men, as among different merchants, from a sense of its utility without any mutual love or affection, if only they refrain from doing injury to each other." The purposes of laws in society are to provide guidelines by which the citizens must live. In constitutional governments the governments control society through the enactment of laws to preserve the rights of the people and to ensure that government can govern. In theory, at least, the governments rule and govern society through laws. Laws protect the rights of the citizens as well as regulate behaviors that society finds repugnant (such as criminal behavior). Well in Nanggroe Aceh Darusalaam, which is one of 3 (three) special provinces in Indonesia, has their own Regulation. Nanggroe Aceh Darussalaam (NAD) has using "Islamic Shari'a" as their Code.
Aceh could apply the islamic shari'a because the indonesian government provides a privilege for them due to Aceh that wanted to secede from indonesia and become a freedom country. Islamic Shari'a is the religious legal system governing the members of the Islamic faith. It is derived from the religious precepts of Islam, particularly the Quran and the Hadiz. The term sharia comes from the Arabic language term shar ah, which means a body of moral and religious law derived from religious prophecy, as opposed to human legislation. Islamic Shari'a has the same position with local regulation or the common Indonesian people said (Peraturan Daerah). Islamic Shari'a is different from Indonesia Constitution, which is Undang - Undang Dasar Negara Republik Indonesia Tahun 1945 (UUD NRI 1945). LEGAL ISSUE REGARDING TO LAW AND SOCIETY According to Aceh's Qanun Number 6 / 2014 about Hukum Jinayat (Aceh's Criminal Law) article 4 verse 4 said that "Main 'Uqubat Ta'zir as written in verse 3 letter a consist of: flagellation, fine, jail, fine (Resitusi), what I concern here about knout. Knout is prohibited in Indonesia. Because flagellation against human rights. As stated to act Number 39 / 1999 verse 4 said that, "Rights to live, rights not to tortured, rights to freedom, mind, and conscience, rights to have religion, rights not to be slaved, rights as a equal person before the law, rights not to demand if there was no regulation, and human rights can not be reduce by any circumstances or anybody. As written there, everyone is prohibited to get tortured. On the other side, Hukum Jinayat (Aceh's Criminal Law) has their own sanction to flagellate the defendant. So we can see here that, Aceh's criminal law is breaking human rights. Aceh's Criminal Law also breaks International Covenant of Civil and Politics Rights). ELSAM (Lembaga Studi dan Advokasi HAM) stated that the flagellate sanction is a step back move from defending human rights in Indonesia.
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Flagellation sanction is categorized as a vicious action, and also humiliates human rights. And the national law and international convention ban the flagellation sanction. To be added on, on the first beginning of ICCPR article 7 said “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation”. It's clearly stated that no one can be torture in this universe. Also Article 26 stated “All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all person equal and effective protection against discrimination on any ground such as race, color, religion, political, or either opinion, national or social origin, property, birth or other status”. And patently believed that everyone is equal before the law men or women, kid, person in charge, and the list goes on. And from Indonesia Criminal Code article 10 stated that Criminal consists of: a. Principle Criminal: 1. Death Penalty. 2. Imprisonment 3. Imprisonment (Pidana Kurungan) 3. Fine 4. Pidana tutupan. b. Added Criminal: 1. Disenfranchisement 2. Confiscation 3. Judge decisions announce. And clearly there are no sentences for flagellation. And Aceh's Qanun Number 6 / 2014 about Hukum Jinayat clearly contradicted with Indonesia national Criminal Law. How to overcome those issues An important question arises that how flagellation can be fixed or even healed. A number of techniques and solution have been presented but the problems still exist and it continues day by day. 1
AsiaLink EuropeAid Co-operation Office, 2010, Hak Asasi Manusia & Kepemerintahan yang Baik, Proyek AsiaLink tentang Pendidikan Kepemerintahan yang Baik dan Hak Asasi Manusia. 2 Djaja Ermansjah, 2009, KUHP Khusus Kompilasi Ketentuan Pidana Dalam Undang – Undang Pidana Khusus, Sinar Grafika Offset, Jakarta. 3 Ritter, Robert M.; Brown, Lesley (22 September 2005). New Oxford Dictionary for Writers and Editors: The Essential A-Z Guide to the Written Word, Oxford: Oxford University Press.
There are three main ideas that might be the solutions for the problems. First, rehab. The person who flagellated should have the rights to get a rehab. Purpose of rehabilitation related for physic and mental welfare from the victim of flagellation. Rehabilitations related to restore physic, mental, and his or her social life. As an example, the authority that gave flagellation provides medical treatment, psychology therapy, and offers social or law services. Next, quid pro quo or commonly said compensation. Compensation is given by the authority cause of loss. This kind of loss because of the flagellation given by the possessor is injury. The cost of compensation given by the authority can be done in the court and human rights institution. And the last one is guarantee for not happened again. The authority guarantee the flagellation is not happened anymore. So the criminal offenders who just become a victim of flagellation can have their normal social life and also healed physically and mentally. On my opinion, this flagellation punishment is not the perfect way to punish the criminal offenders. Flagellation only makes hurts but not regrets. It makes the criminal offenders be sick over the authority. Personally, I disagree with flagellation. Because it is broke human rights. The best way to punish the criminal offenders by giving them punishment based on Indonesia Criminal Law. Indonesia Criminal Law already had it all. How to punish them well by not broke the human rights. CONCLUSION To sum up, Aceh's Criminal Law (Qanun Jinayat) Number 6 / 2014 article 4 verse 4 said that "Main 'Uqubat Ta'zir as written in verse 3 letter a consist of: flagellation, fine, jail, fine (Resitusi). They apply flagellation, which are definitely broke human rights. There are three ways to solve these problems, first, rehab. 4
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Rehman, J. (2007), The Sharia, Islamic Family Laws and International Human Rights Law: Examining the Theory and Practice of Polygamy and Talaq, International Journal of Law, Policy and the Family, 21(1). Briggs, Asa (2000). The Age of Improvement (2nd ed.). Longman. ICCPR
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Act Number 39/1999 about Human Rights
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Indonesia Criminal Code (KUHP)
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The person who flagellated should have the rights to get a rehab. Purpose of rehabilitation related for physic and mental welfare from the victim of flagellation. Second, compensation is given by the authority cause of loss. This kind of loss because of the flagellation given by the possessor is injury. And the third is, guarantee for not happened again. The authority guarantee the flagellation is not happened anymore. Last but not least my own opinion is flagellation should be deleted in Qanun Jinayah (Aceh's Criminal Law) because it is against the national criminal law of Indonesia and also against Human Rights. And most of all it broke Pancasila. Pancasila has been an object of philosophical discourse sine 1945 onwards. It broke the second verse and the fourth verse of Pancasila which are Just and civilized humanity and Democrasy guided by the inner of wisdom in the unanimity arising out of deliberations amongst representative.
PAST EVENTS Rapat Pimpinan Nasional 2016 We are humbly announcing that Rapat Pimpinan Nasional 2016 ALSA National Chapter Indonesia was successfully held at May 13th – 15th, 2016 in Yogyakarta. May it could be a great beginning for a better future of ALSA National Chapter Indonesia!
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