Suchergebnisse

With the European Union Whistleblowing Directive (2019), the topic of whistleblowing is becoming increasingly important for EU MS's public and private entities. Whistle-blowers might play a vital role in exposing corruption, fraud and mismanagement of the EU's supranational norms. The Directive introduced minimum standards for the protection of whistle-blowers and obliges many public and private entities to introduce their own internal whistleblowing channels. The EU also can take some lessons from Indonesia about the practice and obstacle in implementing whistleblowing system. The aim of this article is to introduce the new EU Whistleblowing Directive's main features and some presumable obstacles for implementation. The hypothesis is that the new Directive might enhance the fairwork-place environment, roll back fraud and corruption, reduce work-related wrongdoing and manage equal treatment and no-discrimination policy including bullying and sexual harassment. However, some theoretical and pragmatic discrepancies will be introduced as well.

With the European Union Whistleblowing Directive (2019), the topic of whistleblowing is becoming increasingly important for EU MS's public and private entities. Whistle-blowers might play a vital role in exposing corruption, fraud and mismanagement of the EU's supranational norms. The Directive introduced minimum standards for the protection of whistle-blowers and obliges many public and private entities to introduce their own internal whistleblowing channels. The EU also can take some lessons from Indonesia about the practice and obstacle in implementing whistleblowing system. The aim of this article is to introduce the new EU Whistleblowing Directive's main features and some presumable obstacles for implementation. The hypothesis is that the new Directive might enhance the fairwork-place environment, roll back fraud and corruption, reduce work-related wrongdoing and manage equal treatment and no-discrimination policy including bullying and sexual harassment. However, some theoretical and pragmatic discrepancies will be introduced as well.

The Indonesian government limited or shut down internet access during separate riots in Jakarta and Papua in 2019. The justification for blocking the internet and disabling certain features of social media platforms was to quell the unrest by ceasing the spread of fake news. Nevertheless, the government did not declare a state of emergency in response to either situation, triggering debate on whether the internet restrictions had any strong constitutional basis or if they were out of proportion and unconstitutional. This study evaluates the government's policy on internet shutdowns to reduce the spread of fake news amid riots, and explicates when the state of emergency "feature" might be activated. The research method of this article is a doctrinal legal approach, which critically examines whether the government policy was excessive, and to what extent a state of emergency can be implemented by minimum standard requirements. The result of this study shows the riots in Jakarta and Papua ought not be categorized as national threats; hence, the internet shutdown was out of proportion. Fake news is part of the price we pay for a free society; thus the article argues that an internet shutdown is not a proper way to combat fakenews. Furthermore, the government has failed to fulfill the minimum standards to justify the internet shutdowns. Access to the internet is a new face of democratic pillars, so blocking internet access without any sufficient legal instruments and correct constitutional interpretation might indicate symptoms of a failure to uphold democracy.

The single candidate became a political phenomenon in Indonesia. However, the phenomenon rarely happens, consistently increasing the number of single candidates in the local election. This research aims to analyze whether this political phenomenon alerts democracy decadency or a typical circumstance in a democratic state. The method used in this research is doctrinal legal research. The result shows several reasons the single candidate consistently increases from event-to-event sort of an epidemic virus that could spread across the province. Some factors supporting the rise of the single-candidate phenomenon, for instance, the local parliamentary threshold of proposing the candidate, public distrust to the political parties, disfunction of a political party to giving a political education for its members and constituents, and the political parties tend to avoid the political risks of losing (incumbent). Finally, this single candidate phenomenon is a bad alert for democracy development, notably in the local area.

Fenomena pasangan calon tunggal pada pemilihan kepala daerah (pilkada) menjadi fenomena yang baru akhir-akhir ini di Indonesia. Fenomena tersebut secara konsisten mengalami peningkatan dari waktu ke waktu. Tujuan dari penelitian ini adalah untuk menganalisis apakah fenomena tersebut adalah sinyal kemunduran dari demokrasi di Indonesia yang menjadikan penyakit yang bersifat daerah (epidemi) yang terus menyebar dan meningkat, atau menjadi hal yang normal terjadi di negara demokrasi. Metodologi penelitian yang digunakan adalah penelitian doktrinal. Hasil dari penelitian menunjukkan bahwa ada beberapa faktor mengapa fenomena tersebut terjadi dan terus mengalami peningkatan, yaitu karena adanya ambang batas untuk mengajukan calon kepala daerah, ketidakpercayaan publik terhadap partai politik, gagalnya partai politik memeberikan pendidikan politik bagi kader dan konstituennya, dan partai politik cenderung menghindari resiko kekalahan yang memilih incumbent untuk dicalonkan. Dapat disimpulkan bahwa fenomena pasangan calon tunggal di Indonesia sangat tidak lazim dan tidak boleh dibiarkan, karena akan berdampak buruk bagi perkembangan demokrasi.

The aim of this paper is to analyze the current problematic of freedom of association in Indonesia. The government has disbanded mass organizations under Jokowi's regime, yet in the other hand, the revision of Mass Organization Act proposed by the government has been done so that the freedom of association can be strengthened and as the effort to support organizations activities in Indonesia. Therefore, the government of Indonesia is inconsistent to preserve democracy in Indonesia through the disbandment of mass organization massively. Moreover, the discussion regarding the democracy of Indonesia has also made a part of this system to understand that how deficient electoral system leads towards the illegal disbandment of mass organizations in Indonesia. The method used in this research is normative legal research with statute and comparative approach to analyze whether the government is line with the law, and to find the best practice of mass organization disbandment that relying on rule of law and democracy values through comparative law. This paper concludes that, the government action to disband mass organization is a decadence of democracy and violates the rule of law and democracy. This paper advice that the model of mass organization of Indonesia must be reformulated that holds the value of rule of law and democracy.