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Ashfiya Nur Atqiya; Ahmad Muhammad Mustain Nasoha; Isnaini A sifa Rohmah; Ahmad Abdul Aji Setiawan; Davina Intan Nur Fadila

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the legal protection for stateless persons within the framework of citizenship and human rights. The focus is on assessing the effectiveness of international legal frameworks and national policies in safeguarding the fundamental rights of individuals without citizenship. The research employs a qualitative analysis of key legal instruments, including the 1954 Convention Relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness, alongside case studies of policy implementation across various countries. The findings reveal that, despite a robust international legal framework, there are significant gaps in implementation and enforcement, leading to ongoing discrimination and human rights violations against stateless persons. The study recommends comprehensive policy reforms and enhanced international cooperation to improve legal protection for this vulnerable group.

Kiki Reskia; Rahmah Agustiani; Luluk Endang Nurrokhmah

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the quality of services at the Integrated Police Service Center (SPKT) of the Biak Numfor Police Department in improving public satisfaction. This research employs a qualitative narrative method with samples including the Head of SPKT of the Biak Numfor Police, police officers assigned to the SPKT, and community members who received SPKT services. The data collection instrument used was interviews. The findings indicate that the services provided by the Biak Numfor Police officers, particularly in terms of attitude, communication, and fairness, have been satisfactory. The friendly demeanor of the officers, such as smiling while receiving reports or complaints, leaves a positive impression on the community. However, certain aspects of the service remain below public expectations, including timeliness in following up on reports, clarity in case resolution, and officer discipline in service delivery. Additionally, there were some practices perceived by the community as lacking consistency, which affected the overall service quality. According to public surveys, these issues result in less-than-optimal satisfaction with the services at SPKT Biak Numfor Police.

Muhammad Ali Hadidie Parinduri

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Settlement of banking disputes through BPSK in the protection of banking customers is a legal defect because it is the authority of the Alternative Dispute Resolution Institution for the Financial Services Sector, BPSK is more appropriate for consumer disputes within the scope of industry and trade. The formulation of the problem in this thesis is how is the legal regulation of consumer protection for banking institutions, how is the settlement of banking disputes through alternative institutions in customer protection, and how are the judges' legal considerations in the Supreme Court Decision of the Republic of Indonesia Number 253 K/Pdt.Sus-BPSK/2017. The research method used is descriptive analysis that leads to normative juridical legal research, namely research conducted by referring to legal norms, namely researching library materials or secondary materials. Secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The results of the study indicate that legal regulation of consumer protection for banking institutions is regulated in Law Number 21 of 2011 and Financial Services Authority Regulation (POJK) Number 1/POJK.07/2013 in conjunction with Number 1/POJK.07/2014. Settlement of banking disputes through alternative institutions in customer protection is settlement by Arbitration between bank customers and the banking sector is the authority of the Alternative Dispute Settlement Institution for the Financial Services Sector. The judge's legal considerations after carefully examining the memorandum of cassation dated December 7, 2016 and the counter memorandum of cassation dated December 28, 2016 are related to Judex Facti's considerations, in this case The Kisaran District Court is not wrong in applying the law because the a quo case is a breach of contract that originates from a credit agreement.

Sanusi Sanusi; Mukhidin Mukhidin; Fajar Ari Sudewo; Ervin Hengki Prasetyo

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Civil law is a branch of law that regulates relations between individuals or legal entities in terms of their personal interests. In civil law, a contract is considered a legal agreement between two or more parties who give each other promises to do or not do something. This research uses normative methods with qualitative research methods which use primary legal material sources, such as laws and the Criminal Code as well as secondary materials, such as books and journals. Contract law is an agreement between two or more people which creates an/an obligation to do or not do a specific thing. There are elements that are considered valid and binding. This includes the existence of an agreement from two or more parties, the desire or aim of the parties for legal consequences to arise, the legal consequences of the agreement only bind the parties and do not bind third parties, and certain agreements must be made in accordance with the law. There are legal principles in contract law, including freedom of contract, consensualism, and pacta sunt servanda. The conclusion is that contract law contains elements that are considered valid and principles in making agreements as well as the influence of written evidence in making a contract which provides legal certainty and as proof of the agreement. There are two main doctrine in contract law, classical and contemporary doctrine. The classical doctrin emphasize the legal certainty to be the core of legal issue in contract law. The doctrine noted that every single purpose of parties should be stated in contract in order to put binding eJect to the parties. It also distinguish the concept of breach of contract and tort. The petition for breach of contract should be based on the concept of breach of contract instead tort. In reverse, the contemporary doctrine emphasize the justice and appropriateness aspect in a contract. It recognized the contract as the whole process held by pre-contractual phase, contractual phase, and post- contractual phase. Hence, it realize the existence of impact toward promises stated by one party to others which is distinctly diJerent to the classical doctrine that neglect the impact of pre- contractual. The contemporary doctrine eliminates the distinguishing of breach of contract and tort as the basic of the sue because breach of contract was the specific genus of tort.

Ashfiya Nur Atqiya; Ahmad Muhamad Musta’in Nasoha; Shinta Bunga Islami; Wildan Mukti Ramadhan; Arum Budi Utami

Majelis : Jurnal Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

: Pancasila is a philosophical system that is the ideological basis of the Indonesian state. This concept represents a collection of fundamental values that have guided the formation and development of this country since its independence in 1945. Pancasila is not just a political ideology, but also a philosophical framework of thought that integrates five main principles: Belief in one Almighty God, Just and Civilized Humanity, Indonesian Unity, Democracy Led ByWisdom in Deliberation/Representation,  and  Sosial  Justice  for  All  Indonesian  People.  In  this  article,  we  will investigate the orgins, development and relevance of Pancasila in the Sosial, polotical and cultural context of Indonesian. In addition, we will explore how Pancasila as a philosophical system has shaped state policy, defined national identity, and played a role in promoting moral and ethical principles in peoples daily lives.

Ahmad Muhammad Mustain Nasoha; Ashfiya Nur Atqiya; Hamim sirojuddin Al Manshur; Annisa Sandy Hudha; Suci Ariyanti

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the role of citizenship as a legal instrument in the resolution of transnational agrarian disputes, which often involve more than one country and raise complex legal issues. The study focuses on three countries, namely Indonesia, Brazil and South Africa, to understand how citizenship affects land ownership and dispute resolution mechanisms. The research method used is a qualitative approach, with interviews, secondary data analysis, and legal policy evaluation. The results show that citizenship plays an important role in determining land rights and influencing the course of dispute resolution. In this context, alignment of national legal frameworks with international legal standards, as well as increased cooperation between countries, is necessary to create more effective and equitable transnational agrarian dispute resolution. This research provides novelty in identifying the importance of legal harmonization and international collaboration in addressing transnational disputes.

Nila Muhedina Simarmata; Janpatar Simamora

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Immigration is related to the traffic of people entering or leaving Indonesian territory and its supervision to maintain state sovereignty. Immigration functions include providing immigration services, law enforcement, and maintaining the security and comfort of the country, while contributing to the development of community welfare. With the increase in crimes involving fake identities or misuse of other people's identities, immigration must be stricter in checking travel documents used by Indonesian citizens and foreign nationals when entering and leaving Indonesian territory. Therefore, immigration introduced a new passport design and implemented the use of electronic passports. The research method used in this research is a descriptive qualitative method. The research results show that changes in passport design can increase state sovereignty and security, because the new design is difficult to imitate. This can be seen from the materials used in making the new passports as well as the designs that highlight elements of Indonesian culture. Applying for an electronic passport does require higher costs than a regular passport, but offers advantages that conventional passports do not have, including a better level of security. Using an electronic passport also makes it easier for the holder to undergo immigration service administration because this passport uses a biometric system that only needs to be scanned.

Ahmad Muhammad Mustain Nasoha; Ashfiya Nur Atqiya; Fitri Wahyu Anggraini; Della Rahmayani; Robith Thoriq Al-kautsar

Mahkamah : Jurnal Riset Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study explores the intersection of citizenship and land tenure, examining how legal frameworks influence access to land and impact social identities within agrarian contexts. Employing doctrinal legal research, this research synthesizes literature and analyzes primary legal sources to uncover the principles governing land rights as they relate to citizenship status. The study utilizes a combination of statutory, case, conceptual, historical, and comparative approaches to provide a comprehensive view of land tenure systems across different regions and cultures. Findings indicate that citizenship status significantly affects land ownership and tenure security, often marginalizing certain groups such as women, indigenous communities, and non-citizens. The results underscore the need for legal reforms that recognize equitable land rights and address social disparities within land governance frameworks. This research contributes to the ongoing discourse on agrarian law, advocating for policies that prioritize social justice and inclusivity, thereby enhancing sustainable development and resource management.Keywords: agrarian law, land ownership rights, citizenship dynamics, Indonesian citizens, legal framework.  

Dian Rahma Dani; Dadang Mashur

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Illegal Cigarette Fighting Operation is an organized, coordinated, simultaneous and massive operation or strategy from upstream to downstream to eradicate the circulation of illegal cigarettes. This research aims to describe the effectiveness of the Illegal Cigarette Gempur Operation in Pekanbaru City and to determine the factors inhibiting the effectiveness of the Illegal Cigarette Gempur Operation in Pekanbaru City using Campbell's theory of effectiveness in Mutiarin (2021) which is seen from the aspects of program success, target success, program satisfaction, level input And output and achieving overall goals. This research uses descriptive qualitative methods. The results of this research show that the Operation to Fight Illegal Cigarettes in Pekanbaru City is still not effective. This can be seen from several indicators of effectiveness which show that stalls that have been prosecuted are still selling illegal cigarettes, the Illegal Cigarette Fighting Operation has not been carried out thoroughly in Pekanbaru City so there are still stalls that have not been prosecuted and illegal cigarettes are still circulating as well as awareness or participation. the community in supporting the implementation of Operation Combat Illegal Cigarettes by reporting if there are still minimal finds of illegal cigarettes in their surroundings. The inhibiting factors in the effectiveness of the Illegal Cigarette Fighting Operation in Pekanbaru City are limited Human Resources (HR), resistance from the community, public knowledge and the development of smuggling modes. The suggestion from this research is that there is a need for an educational campaign that touches all levels of society, the imposition of stricter sanctions to provide a deterrent effect and an increase in the frequency of more massive enforcement.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Lukluil Maxnuun; Fatimah Nur Laily; Muthiah Prima Zahra

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Pancasila, as the foundation of the Indonesian state, plays a crucial role in the formation of law, including customary law. This research focuses on how Pancasila’s values serve as a basis for the recognition and development of customary law, which is still acknowledged within the national legal system. The urgency of this study lies in finding a common ground between national law and customary law to strengthen a just rule of law. The research method used is a normative approach, analyzing legislation and legal literature. The results indicate that Pancasila can function as a foundation for harmonizing customary law and national law, thus reinforcing Indonesia’s plural legal identity. The conclusion is that Pancasila, as the state’s foundational philosophy, provides space for the existence of customary law, as long as it aligns with the core values of Pancasila.  

Ismidar Ismidar; Tamauina Br. Sembiring; Sri Utami

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Law is a guideline and rules related to the concept of living in society and will always be in accordance with the conditions of society. Law is a demand to be able to provide justice, meaning that law is always faced with the question of whether law can realize justice. Related to the concept of law, legal politics is interpreted as an activity that determines the pattern and method of forming law, supervising the operation of law, and updating law for the purpose of the State. Therefore, law is a determinant of politics, and is also related to democracy in the sense that political activities are regulated and must be subject to legal rules. Law is viewed from the perspective of das sollen (necessity), viewing that law must be guided by relations between members of society. While those who view it from the perspective of das sein (reality), empiricists see that law is greatly influenced by politics not only in the process of making it, but also in its empirical realities. So that law is influenced by politics and even now legal autonomy in Indonesia is often intervened by politics, not only in terms of its making, but also in its application, both in terms of law enforcement. This study aims to determine the impact of the development of legal politics in the law enforcement system in Indonesia and the existence of legal politics in the law enforcement system in Indonesia. The method used in the study is normative juridical.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Fadhil Abdulloh; Elsa Fikry Nurcahya; Nihayatun Nisa

Majelis : Jurnal Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study looks at the legal ramifications of changing the Republic of Indonesia's 1945 Constitution's articles pertaining to citizenship (UUD 1945). The complexity of citizenship issues has increased with globalization, especially when it comes to dual citizenship and the rights of Indonesians residing outside. This study is classified as doctrinal research since it examines legal sources to determine legal principles. The study finds that amendments to the UUD 1945 are necessary to better align Indonesia's citizenship policies with global developments. However, these changes must be carefully considered to protect human rights and maintain national loyalty and identity. Reforming Indonesia's citizenship laws should be done thoughtfully, with input from various stakeholders, to ensure the resulting policies are inclusive and adaptable to the current global context. This research aims to contribute significantly to the development of Indonesia's citizenship policies and to offer a foundation for policymakers in crafting regulations that are more responsive to global challenges.

Ahmad Muhammad Mustain Nasoha; Ashfiya Nur Atqiya; Ilham Thoriq Hidayatullah; Kamelia Zahra Ardiani; An nisaa Nur Sifa Az Zahra

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the impact of foreign direct investment (FDI) on citizenship policies in Indonesia and explore how changes in these policies can affect citizens' rights and national sovereignty. The research uses a qualitative approach with a literature review method. A literature review is a type of research conducted by collecting and analyzing existing data or scholarly articles to address problems and understand fundamental issues. The reason for using library research is that the researcher needs data from various sources such as books and previous research journals. Using this method, the researcher identifies relevant topics aligned with the research goals and then analyzes journals and books to answer questions about how FDI significantly impacts Indonesia's economy, driving growth, job creation, and global competitiveness. However, citizenship policies related to FDI require careful attention to balance investment needs with national sovereignty. Reforming policies to simplify residency and citizenship status for foreign investors could make Indonesia a more attractive investment destination, but it might also raise concerns about the impact on the rights of native citizens and national integrity. To manage these effects, Indonesia needs to develop integrated citizenship policies, conduct regular evaluations, enhance transparency, and learn from international practices. With a careful approach, Indonesia can maximize the benefits of FDI while maintaining national interests.  

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Lutfi Lailatul Hikmah; Muhammad Fahrurrozi; Muhammad Muhyihuddin Abdul Qodir Jailli

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Citizenship is a legal status that gives a person rights and responsibilities as a citizen. Many laws in Indonesia regulate political rights, including the right to vote. One of them is Law Number 7 of 2017 concerning General Elections. Within Indonesia's democratic framework, the right to vote is an important expression of popular sovereignty, allowing voters to actively elect their leaders at both the legislative and executive levels. Fulfilling the right to vote cannot be separated from various technological, political and social difficulties that may have an impact on democracy in Indonesia. Over the last five years, several dynamics have emerged in the enforcement of voting rights regulations, including changes to regulations, election implementation, and the application of digital technology to increase election transparency and accountability. Despite the implementation of legal and technological reforms, there are still challenges in verifying permanent voter lists, especially for vulnerable groups such as people with disabilities and those living in remote locations or abroad, which continues to hinder efforts to tackle disinformation and hoaxes on social media. This research examines the political rights of Indonesian individuals, especially regarding their right to vote in general elections as regulated by law. The right to vote is one manifestation of political participation that is recognized internationally and guaranteed in various national legal instruments.

Wilbertus G. Britanye; Hilda Teli Sensa; Petrus Hyacintus R. Nau; Maria A. Bhiju; Maria I. Bau +2 more

Nusantara Mengabdi Kepada Negeri 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the efforts of local food-based entrepreneurship training to start and develop BUMDesa Duawutun, Nagawutung, Lembata. This study is based on data from the 2021-2027 Duawutun RPJMDes, explaining the inhibiting factors for BUMDes management in Duawutun Village, namely the BUMDes management is not functioning properly, the lack of Human Resources (HR) for BUMDes management, and BUMDes still lacks funds, so that in 2023 the Duawutun Village Government will dissolve BUMDes Duawutun. The method used in this activity is socialization and practice with the aim of providing explanations and honing the skills of the Family Welfare Empowerment (PKK) mothers, BUMDes administrators, and the Duawutun Village community directly. This training activity produces several local products in the form of (cassava chips and pumpkin sticks). The main targets of this activity are BUMDes administrators and PKK mothers.

Zahra Adelia

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The collaboration between DPC PERADI Surabaya and the Surabaya City Government in providing free legal assistance is an interesting example of synergy between the public and private sectors. This research analyzes the collaboration model that was built, the obstacles faced, and its impact on government governance and fulfilling the rights of underprivileged citizens. The research results show that this collaboration model is effective in increasing the efficiency and effectiveness of legal services. However, a stronger coordination mechanism is needed to ensure program sustainability.

Ayu Winda Amelia

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The system that aims to protect the rights and welfare of children including the protection of minors. Children under age are often exposed to various types of violence, exploitation and discrimination. Therefore, various rules and regulations have been made to provide comprehensive protection. Law number 35 of 2014 concerning amendments to Law number 23 of 2002 concerning child protection regulates child protection in Indonesia. This law shows how important it is to protect children's rights, including the right to live, develop and be protected from violence. In addition, to deal with the problems faced by children, prevention and rehabilitation efforts are also very important. The game violates the law on child protection requires cooperation between the government, society, and non-governmental organizations. It is hoped that children can grow and develop in a safe and secure environment with strict supervision and law enforcement.

Nur Amalia Zahra

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Child molestation remains a serious issue in Indonesia, requiring strong legal protection and effective prevention efforts. This study aims to analyze the legal framework for child protection, the implementation of legal protection for victims, prevention efforts, and challenges in law enforcement related to child molestation in Indonesia. Using a literature review method, this research examines various current literature sources. The results show that although Indonesia has a comprehensive legal framework, its implementation still faces challenges such as child-unfriendly judicial processes and limited resources. Prevention efforts involve comprehensive sexual education and active community participation. This study recommends strengthening legal sanctions, improving law enforcement capacity, developing child-friendly justice systems, and intensifying community education programs to enhance protection and prevention of child molestation in Indonesia.

Dimas Putra Prihananto; Fadlan Fadlan

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze the extent of the implementation of Law No. 24/2011 concerning BPJS Employment in providing protection for workers in Indonesia. The focus of this research is to assess whether the implementation of the policy is in accordance with the expected objectives, as well as to identify factors that affect its success or failure. To identify various obstacles and barriers faced in the implementation of BPJS Ketenagakerjaan, both from the side of the workforce, the employer, and the government. This research uses a qualitative descriptive method. The descriptive qualitative method was chosen because it aims to describe and analyze the implementation of Law No. 24/2011 in the implementation of the Employment BPJS program and to identify various obstacles, barriers, and their effectiveness in protecting the workforce. Through this approach, the research focuses on in-depth exploration of existing phenomena, utilizing qualitative primary and secondary data. The results of the study explain that BPJS Ketenagakerjaan, which is regulated in Law No. 24 of 2011, plays an important role in providing social protection for workers in Indonesia through various programs such as Old Age Security (JHT), Pension Security (JP), Work Accident Security (JKK), and Death Security (JKM). However, the implementation of BPJS Ketenagakerjaan still faces obstacles, such as low participation of informal sector workers, lack of understanding of BPJS benefits, and complicated claim procedures. To increase its effectiveness, more intensive efforts are needed in socialization to workers and job information providers, as well as simplifying administrative procedures. In addition, the government and BPJS must utilize technology to facilitate access and claim submission. Strict law enforcement against companies that do not comply with their obligations will guarantee compliance and ensure more equitable social protection for all workers in Indonesia.

Laila Nadia; Sumriyah Sumriyah

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Marriage is a human right, as stated in Article 28B paragraph (1) of the Second Amendment to the 1945 Constitution, and marriage is explicitly regulated in Law No. 1 of 1974 on Marriage. Article 2 of the Marriage Law states that marriage must be registered according to the applicable laws and regulations. However, this cannot be fully implemented throughout Indonesia, especially in the Dsn Tanjung area, Taman Kec Jrengik Sampang. One of the factors preventing full implementation is that marriages are conducted underage. This research uses an empirical research approach, also known as field research. The purpose of this method is to investigate the applicable legal provisions and their implementation in society. The research results show that children born from unregistered marriages face difficulties in obtaining civil status and legal certainty.