Jurnal Smart Hukum (JSH)

Climate-Induced Displacement and International Human Rights Law: Addressing Legal Gaps in Protecting Environmental Migrants

2025-10-10T08:15:01+00:00

Climate change has emerged as a significant driver of human displacement, forcing millions of people to leave their homes due to environmental degradation, extreme weather events, and rising sea levels. This study examines the legal protection gaps facing environmental migrants under international human rights law through a comprehensive qualitative analysis. The research employed document analysis, case study examination, and policy review to investigate how current international legal frameworks fail to adequately protect climate-displaced persons. Key findings reveal that the 1951 Refugee Convention excludes environmental displacement from its protection scope, leaving millions without legal status or rights. The landmark Teitiota v. New Zealand case established important precedent recognizing climate change as a potential trigger for non-refoulement obligations under international human rights law, particularly Article 6 of the International Covenant on Civil and Political Rights. However, significant gaps persist in complementary protection mechanisms, regional frameworks, and national implementation. The study identifies 218 million internal displacements globally due to weather-related disasters between 2013-2023, with an estimated 170 million people potentially displaced by 2050. Legal analysis demonstrates that while international human rights law provides broader protection potential than refugee law, extraterritorial obligations remain unclear and application inconsistent. The research concludes that comprehensive legal reform is urgently needed, including expanded complementary protection mechanisms, clearer non-refoulement obligations for climate displacement, and strengthened regional cooperation frameworks to address this growing humanitarian crisis.

Legal Protection for Legislative Candidat Members Based Onlaw No. 7 of 2023 Concerning General Elections at The KPU of Deli Serdang District

2025-12-09T16:19:41+00:00

The objectives of this research are for knowing how to implement Law No. 7 of 2017, To find out the efforts that have been made to recruit legislative candidates in accordance with Law No. 7 of 2017, To find out whether the considerations of Law No. 7 of 2017 are appropriate for prospective legislative candidate. This research is a qualitative research with a descriptive-qualitative approach. In this study, after the researcher collects data in the form of interview results, documentation, and observations, the data will then be analyzed in more depth so as to form a scientific-natural conclusion that can be accepted by various groups, especially in this case the Deli Serdang Police itself as the object of research in this thesis and community leaders.

The Authority of the Indonesia Deposit Insurance Corporation to Initiate Bankruptcy Proceedings against Controlling Shareholders of Non-Systemic Failed Banks: Reconstructing Personal Liability within the Indonesian Banking Law Regime

2025-12-24T09:12:06+00:00

This article examines the legal authority of the Indonesia Deposit Insurance Corporation (Lembaga Penjamin Simpanan/LPS) to initiate bankruptcy proceedings against controlling shareholders of non-systemic failed banks, focusing on the reconstruction of personal liability within the Indonesian banking law regime. The study departs from the prevailing scholarly focus on bank resolution mechanisms and institutional liability, addressing a normative gap concerning the personal accountability of controlling shareholders whose actions contribute to bank failure and subsequent losses borne by LPS. Using a normative juridical method with statutory, conceptual, and doctrinal approaches, this research analyzes the interplay between the Law on Deposit Insurance Corporation, Banking Law, Company Law, and Bankruptcy Law. The findings demonstrate that LPS possesses legal standing as a creditor by virtue of subrogation after fulfilling its statutory obligation to pay insured deposits. This status provides a legitimate basis for LPS to pursue bankruptcy claims not only against failed banks but also against controlling shareholders, provided that their factual control, unlawful conduct, or gross negligence can be established as the proximate cause of the bank’s failure and the depletion of insured funds. The article further argues that the principle of limited liability is not absolute and may be lawfully pierced through a causality-based construction of personal responsibility consistent with the doctrine of piercing the corporate veil. This study proposes a reconstructed legal framework that articulates objective parameters for imposing personal bankruptcy liability on controlling shareholders, thereby preventing arbitrary enforcement while strengthening the protection of public funds administered by LPS. By integrating banking law, corporate law, and bankruptcy law, this article contributes a novel analytical model that enhances legal certainty, judicial consistency, and the effectiveness of asset recovery in cases of non-systemic bank failure in Indonesia.

Enhancing Digital Legal Literacy: Guidance in Formulating Privacy Policies and Terms & Conditions for Micro and Small Enterprises (MSEs) in the Platform Economy Era

2025-12-27T08:48:25+00:00

The rapid digitalization of Indonesia's economy has created unprecedented opportunities for micro and small enterprises (MSEs) to participate in platform-based commerce. However, most MSEs operate without adequate understanding of legal obligations under Indonesia's Personal Data Protection Law (Law No. 27 of 2022) and e-commerce regulations, particularly regarding privacy policies and terms & conditions. This qualitative research examined the effectiveness of legal mentoring programs in enhancing digital legal literacy among 45 MSE operators in Jakarta and Yogyakarta. Through thematic analysis of semi-structured interviews, focus group discussions, and document review, the study identified critical knowledge gaps in data protection compliance, contractual obligations, and platform-specific legal requirements. The findings reveal that structured mentoring interventions focusing on policy documentation significantly improved participants' capacity to formulate legally compliant privacy policies and terms & conditions tailored to platform operations. The research proposes a community-based digital legal literacy framework that integrates state-led policy guidance, peer mentoring networks, and accessible legal resources. These mechanisms are essential for MSEs to navigate the complexities of the platform economy while protecting both consumer rights and business sustainability in Indonesia's evolving digital landscape

Preventive Legal Education as a Strategy for Empowering Women Victims of Domestic Violence (KDRT) in Accessing Legal and Psychological Services

2025-12-27T15:01:11+00:00

This article examines preventive legal education as a strategic mechanism for empowering women victims of domestic violence (Kekerasan Dalam Rumah Tangga/KDRT) in Indonesia, specifically focusing on their access to integrated legal and psychological services. Using qualitative phenomenological methodology through in-depth interviews and thematic analysis, this study explores how targeted legal awareness programs strengthen victim agency in navigating justice systems and psychological support mechanisms. The research involved interviews with 18 participants comprising female KDRT victims, legal aid providers, psychological counselors, and community advocates across three Indonesian provinces. Findings reveal that comprehensive legal education programs significantly enhance victim empowerment by demystifying legal processes, clarifying rights under Law Number 23 of 2004, and facilitating timely access to protective services. The implementation of preventive legal education demonstrates capacity to transform victim consciousness, shifting perspectives from self-blame to recognition of legal rights and entitlements. Participants reported increased willingness to report incidents after legal awareness interventions, with 72.2% of victims subsequently accessing formal legal assistance compared to 22.8% prior to education programs. The study identifies critical success factors including integration of psychological support with legal education, community-based delivery mechanisms, and trauma-informed facilitation approaches. However, significant barriers persist, including cultural stigma, limited accessibility in rural areas, and insufficient institutional capacity. This research contributes to evidence-based advocacy for mainstreaming preventive legal education within comprehensive victim support ecosystems in Indonesia, proposing a holistic empowerment model combining legal literacy, psychological recovery, and community mobilization to achieve sustainable gender justice.