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Muhammad Ar Rafii; Elan Jaelani

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

his research aims to discuss the problems in fulfilling the quota for women's political participation in the legislature and the efforts of state institutions to increase women's participation in general elections. This research uses a qualitative method with a normative juridical approach. That is an approach based on the main legal material by examining theories, concepts, legal principles, and laws and regulations related to this research. The results of the study show an increase in women's representation in the legislature, but the representation rate is still far away because the last legislative election practice system in 2019 used an open proportional system, and there is still a low level of public understanding of women's representation in the legislature which is a form of gender equality. The efforts made by the relevant institutions, namely the KPU and Bawaslu, in improving these problems are to ensure the fulfillment of the 30% quota of women's representation in the nomination of legislative members and to provide strict sanctions for those who do not fulfill it. This effort reflects the need for strict supervision to ensure the implementation of rules in achieving the goal of women's representation. Thus, improving the electoral system, increasing public knowledge, and applying strict sanctions are necessary to achieve the affirmative targer of women in politics in Indonesia.

Francisca Devina Putri Guntur; Sapto Hermawan; Asianto Nugroho

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the role of the Peatland and Mangrove Restoration Agency (BRGM) in the environmental context of Indonesia. Based on the analysis of factors strengthening community institutions, BRGM's strategic objectives for 2021-2024, key performance indicators for BRGM in 2023, and future challenges, this research concludes that BRGM plays a crucial role in advocating for the sustainability of peatland and mangrove ecosystems. Through its commitment to supporting peatland restoration, mangrove rehabilitation, community empowerment, and enhancing good governance, BRGM aims to address complex environmental and social challenges in the future. The implications of this research highlight the importance of collaboration between the government, private sector, and communities in preserving natural ecosystems and enhancing collective well-being.

Ridho Hidayat; Moh. Amin Tohari

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to determine behavior modification in the adaptation process, and the obstacles to the adaptation process for new inmates at the Class IIA Tangerang Penitentiary. Type of qualitative descriptive research to obtain in-depth data. The collection technique is carried out by random interviews, collecting actual information in detail, identifying problems and collecting data from in-depth interviews, observation and documentation. Informant research, namely only 5 (five) people from the research subjects were selected and considered to represent the whole, determining the data source for the people interviewed, namely, there were two types of key informants and main informants. The data analysis method is by describing or explaining the phenomena resulting from observation or interview activities, explained in the form of words, sentences or images. with researchers using the triangulation method by comparing checking the validity of data obtained from observations, interviews and documentation studies. Based on the data found in the field in correctional institutions that are experienced by new inmates, namely the adaptation stage, there are 4 processes in adapting, namely Honeymoon, culture shock, adjustment. New inmates don't feel happy, but rather anxiety such as stress, depression, fear of being bullied or even sick, behavior modification in correctional institutions carries out stages, namely socialization development, spiritual development and independence development, from the stage that institutions for inmates no longer experience anxiety and can accept the environment new and don't feel stressed to the point of getting sick. Changes in the behavior of new inmates have undergone changes, namely they have followed spirituality and participated in programs within correctional institutions so that they do not experience stress and depression. From the researchers' conclusions, the inmates will no longer repeat their actions, namely their strong desire to change and of course the coaches in correctional institutions who always provide positive values to new inmates.

Nurlita Purnama; Annisa Miskiyah; Reza Rizkynata; Muhammad Khairul Anwar

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research is based on the large number of public reports that have been submitted to the Greater Jakarta Ombudsman regarding allegations of maladministration that have occurred in the education sector, especially complaints about New Student Admissions. This problem requires a resolution by the Greater Jakarta Ombudsman to handle public complaints and prevent recurring maladministration in the education sector, especially regarding complaints about Acceptance of New Students in Depok City. This study aims to analyze and describe the performance of the Greater Jakarta Ombudsman in handling complaints about Acceptance of New Students in Depok City. This is based on the problems that occurred in the implementation of the Acceptance of New Students which were still colored by allegations of maladministration, which made public services in the field of education inefficient, lack of supervision in the implementation of the acceptance of new students. The results of the study concluded that in the Productivity indicator there are still a number of things that need to be improved such as policies that have been made that are not in accordance with the needs of society in the digitalization era. Service Quality Indicators still need a number of things to pay attention to such as budget constraints, human resources and very limited work space. Responsiveness Indicators There are still a number of things that affect performance achievements. The Responsibility Indicator is still lacking in realization to achieve the target every year. As well as the Accountability indicator, there is still no specific accountability report in the form of the Jakarta Raya Ombudsman annual report on various media platforms.

Indra Yuri Pradana; Edi Pranoto

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze and evaluate the implementation of fulfilling prisoners' rights at the Class IIB Demak Detention Center. Fulfilling prisoners' rights is an important aspect in the criminal justice system which focuses on rehabilitation and social reintegration. This research uses a qualitative approach with data collection techniques through observation, interviews and documentation studies. The results of the research show that the implementation of fulfilling the rights of prisoners at the Class IIB Demak Detention Center experiences a number of challenges. Some rights, such as the right to health facilities, education and work, have not been fully fulfilled optimally. Limited facilities and infrastructure, a lack of manpower, and internal regulations that do not fully support the fulfillment of prisoners' rights are the main factors for deviations. However, this research also identified several good practices in fulfilling prisoners' rights, such as the existence of rehabilitation programs that focus on skills development and education. Collaborative efforts between internal and external parties are also recognized as a positive step in improving the living conditions of prisoners. Based on these findings, this research recommends improvements in the management of facilities and infrastructure, increasing the number of workers, as well as improving internal regulations to optimally support the fulfillment of prisoners' rights at the Demak Class IIB Detention Center. It is hoped that the results of this research can contribute to improving the system of detention and rehabilitation of prisoners in Indonesia in general.

Fisterina Wardani; Achmad Denny Maulana; Kinanti Citra Prasasti; Dinar Kristina Kusumawati; Amelia Dwi Callista +1 more

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research is entitled "Effectiveness of the Role of Religious Courts in the Implementation of Marriage Age Limits as an Effort to Reduce the Rate of Early Marriage (Study at the Sukoharjo Religious Court in 2024)" which is based on a phenomenon in society related to the rise of teenagers having relationships like husband and wife. to pregnancy out of wedlock at an age that has not yet reached the minimum age limit for marriage. Islamic law does not provide clear boundaries for marriage, it only determines the measure of a person's maturity when they reach puberty. Islamic jurisprudence scholars agree in determining taklif, namely when semen comes out for men and menstruation for women, which is different from Law Number 1 of the Year. 1974 provides a clear age limit for someone to get married, namely 19 years for men and 16 years for women. Marriage dispensation is a grant of the right to a person to marry even though they have not yet reached the minimum marriageable age. Marriage dispensation is regulated in Article 7 paragraph (2) of Law Number 16 of 2019, an amendment to Law Number 1 of 1974 concerning Marriage. Marriage dispensation is an exception to Article 7 paragraph (1), namely that the age limit for marriage for men and women has reached 19 (nineteen) years. This type of research is field research or field research which can also be called qualitative research. Therefore, the author conducted this research at the Sukoharjo Religious Court, regarding data sources the author chose primary data sources, namely data from the court and secondary data sources, namely from several books as references. The data collection techniques used are observation, documentation and archive methods. The approach method used in this research is normative juridical, namely research that begins deductively with an analysis of the articles in the statutory regulations that regulate the above problems. Juridically, this means research that refers to existing literature studies or secondary data used. Meanwhile, normative means legal research which aims to obtain normative knowledge about the relationship between one regulation and another and its application in practice. The method used is a descriptive method by means of document analysis. In other terms it is also called content analysis or information analysis which focuses its activities on document research, analyzing regulations and legal decisions.

Fadhilah Umi Nur’aini; Salsabilla Bintang Maharani; Yugo Raiasa Citrasmara Noor T; Berliana Kharisma Asti; Josef Purwadi

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze the causes of the high number of contested divorces and to find out solutions to the high rate of contested divorces in the Sukoharjo Religious Court. This research uses empirical research. The research results show that the high rate of divorce is caused by various factors, namely: economic factors, third party factors and moral factors. These three factors are the main causes. The solution to contested divorce is to mediate with the parties and provide legal education to the community regarding the impacts of divorce

Adinda Vinka Maharani; Suraji Suraji

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to determine the legal responsibilities of coal companies in fulfilling their achievements due to the export ban. This legal writing is included in the type of normative legal research using a legislative approach including primary legal materials and secondary legal materials collected through document study and analyzed using deductive legal material analysis using the syllogism method. This research examines the implementation of the Decree of the Minister of Energy and Mineral Resources Number 139.K/HK.02/MEM.B/2021 regarding the fulfillment and prioritization of domestic coal needs. The failure to fulfill the Domestic Market Obligation then gave rise to an export ban by the Ministry of Energy and Mineral Resources through the issuance of Circular Letter from the Directorate General of Minerals and Coal, Ministry of Energy and Mineral Resources Number B-605/MB.05/DJB.B/2021. The export ban then causes coal entrepreneurs to be unable to fulfill agreements with foreign companies. Non-fulfillment of achievements due to changes in Government policy in the form of an export ban is analyzed and categorized as force majeure so that non-performance, compensation or cancellation of the agreement cannot be sued. The legal responsibility that can be carried out by coal entrepreneurs in the event of an export ban is to submit a force majeure situation and prove that their party has been in good faith from the beginning until the agreement is in progress.

Valentino Aquila De Wahyu; Aurelia Eka Junita; Amanda Destiana; Krisna Agus Setyabudi; Farrah Nidau Daini +1 more

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The National Police of the Republic of Indonesia (Polri) is a government institution whose main task is to ensure law enforcement, security and public order, provide services as well as protect and develop. Therefore, the National Police plays an important role in ensuring security and public order and enforcing the law to create peace and justice for all Indonesian people. In every criminal case, criminal investigations must be carried out professionally, transparently and responsibly to uphold the supremacy of law that reflects a sense of justice. (1) (5) The Criminal Procedure Code explains that an investigation is a series of investigative actions used to search for and discover an incident that is suspected of being criminal in order to determine whether an investigation can be carried out according to the Criminal Procedure Code.

Aji Suryanata; Yudho Taruno Muryanto

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to determine whether actio pauliana is an appropriate legal remedy in providing legal protection for creditors in bankruptcy cases. It also aims to determine the basis of the judge's considerations in Verdict No. 06/Pdt.Sus.Gugatan Lain-lain-AP/2020/PN.Niaga.Jkt.Pst. Jo. No. 27/Pdt-Sus-PKPU/2015/PN.Niaga.Jkt.Pst. This research is a normative legal research with statutory and case approach. The type of data used is secondary data. The technique used in collecting legal materials in this research is literature study. This research uses syllogism analysis technique and deductive thinking pattern, using major premises and minor premises which then these premises can produce conclusions. Based on this research, it is found that actio pauliana is an appropriate legal remedy in providing legal protection for creditors who are harmed by debtors in bankruptcy cases because there is internal legal protection and external legal protection in accordance with Isnaeni's legal protection theory used as an analysis. The basis of the judge's consideration used as the curator's right to file an actio pauliana lawsuit is Article 47 paragraph (1) and Explanation of Article 3 paragraph (1) of the Bankruptcy Law, then in deciding the case used as the analysis material, the judge uses Article 41 and Article 42 of the Bankruptcy Law.

Nannyk Widyaningrum; Winda Azmi Meisari; Viviana Rahmawati

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

Electronic Medical Records as a form of renewal of health services, which has emerged as a response to and challenges arising from advances in technology. The Minister of Health Regulation No. 269/Menkes concerning Medical Records is no longer in accordance with developments in science and technology, health service needs and the legal needs of society. At this time the government has determined the regulations to be used, namely Minister of Health Regulation no. 24 of 2022 concerning Medical Records. With this regulation, hospitals must improve their preparation so that they can be integrated with the government system. The aim of this PKM is to increase the knowledge of medical personnel in administering electronic medical records in hospitals. The PKM implementation method includes material presentation, discussion and evaluation. The target of PKM consists of 14 health workers with the results of PKM being an increase in health workers' knowledge in maintaining medical records.

Wawan Patriansyah; Nursiah Hasibuan; Muallim Hasibuan; Tri Eva Juniasih

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Elections are a means to determine the fate of the nation for the next five years. For this reason, it is necessary to provide understanding through political education to the public, especially students who are classified as beginner voters with the aim of building student participation to participate in elections. As educators who have an important role in providing education in the field of politics to students, this research will analyze the role of political education in building student participation in elections. The aim of this research is to find out the role of political education in increasing student participation in the 2024 elections. The method used in this research is descriptive qualitative. The respondents or samples for this research were 120 FISIPOL UGN students. Based on the research results, it was concluded that students' understanding and knowledge of elections is still lacking due to the lack of political education provided. Student participation in taking part in the upcoming elections is in the good category, but still needs improvement because students' awareness of election participation is still limited to exercising their right to vote. Good education and students' low political attitudes will influence students' mindsets about things that can be followed in the implementation of elections.

I Putu Arya Suarnata Wibawa; I Wayan Novy Purwanto

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The word law comes from the Arabic al-hukm with literally alhukm meaning a rule. In the trial program the judge can become a law, if there is no regulation in this case, it will be the responsibility of the judge to find the legal regulation. This research aims to find out how the legal protection for the loser is from punishing others, as well as finding out that his inheritance can be a guarantee of legal protection for the injured party for a crime committed by the party in buying protection for formal or material losses. The method used in this research is normative legal writing, the methods used are Case Approach and Statute Approach. The case method is carried out by examining cases related to the problems faced which have become court policies and have permanent legal force. The results of the research show that prosecution needs to be based on strong reasons and evidence if this action is an act that has violated the law, if the reasons and evidence cannot be held accountable so that the lawsuit is based on a prosecution that cannot be carried out by law in court. From this, legal protection is needed for the plaintiff who loses from the criminal action.

Nur Hidayatul Fithri; Budi Endarto; Muhamad Chaidar

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The existence of fintech P2P Lending can help Indonesian people who are still unreached by banking services to borrow funds with easy, fast terms and without making a direct agreement. Electronic lending system make it easy public to borrow funds with easy reuqirements and without need to meet for make a agreement. Trading system transaction originally paper based and then shift to electronic based system (digital) is something that needs to be studied further about validity of the e-contract as the basis of relations between two parties that make agreement, by using legal protection theory, legal certainty theory, and theory of justice. The purpose of this research is to study together validity of e-contract in Fintech P2P Lending industry. The results of this research analysis show that the practice of online lending and borrowing based on fintech P2P Lending still does not have legal certainty for loan recipients, the benchmark for the validity of an agreement in fintech P2P Lending only refers to article 1320 of the Civil Code regarding the conditions for the validity of the agreement. The Fintech Lending Law should be drafted immediately to guarantee legal certainty for P2P Lending fintech.

Mauliya Fitriani; Della Miftahurrizka; Mizan Imani Naqsyabandi; Noerma Kurnia Fajarwati

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Fashion design as a creative and intellectual expression requires appropriate legal protection to encourage innovation and protect the rights of creators. This article discusses the important role of law in protecting fashion design from an intellectual protection perspective. This approach involves an analysis of the role of intellectual property rights, especially copyright and industrial design, in providing adequate protection for works of art in the world of fashion. Copyright provides automatic protection for original works, including fashion designs. However, copyright restrictions result in limited protection, which is why it is important to understand how industrial designs can provide broader protection. Through industrial design registration, creators can secure exclusive rights to their fashion designs, preventing unauthorized duplication. This legal protection also helps create a fair business environment and fuels the growth of the fashion industry. By recognizing the economic and creative value of fashion design, the law plays a role in encouraging investment and innovation in the sector. Therefore, a deep understanding of the role of law in the intellectual protection of fashion design is crucial for interested industry players, creators and users.

Dian Utami Amalia; Bagos Budi Mulyana; Fajar Falah Ramadhan; Noerma Kurnia Fajarwati

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rapid development of digital technology has had a significant impact on the legal protection of intellectual property in Indonesia. In this digital era, intellectual property, such as copyrights, patents and brands, has become more vulnerable to infringement and misuse. This article reviews Indonesia's efforts to face these challenges by exploring the policies and regulations implemented to strengthen legal protection of intellectual property in the digital era. The Indonesian government has adopted various regulations that accommodate digital dynamics, such as revisions to copyright and patent laws. However, there are still challenges in effective implementation and enforcement of the law. This article also highlights collaboration between government, the private sector, and society in developing innovative solutions to improve intellectual property protection. By reviewing the latest legal and policy developments, this article provides a comprehensive picture of Indonesia's efforts to mitigate risks and increase protection of intellectual property in the digital era. In conclusion, strong and adaptive legal protection is very important to encourage innovation, investment and economic growth amidst the dynamics of the digital era.

Nessya Mayla Faiza; Utari Mutiara Ayu; Noerma Kurniwa Fajarwati

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Religious communities like Indonesia often discuss religious issues. Determining the Eid al-Adha holiday in 2022 is one of the issues that is receiving attention. As is known, the Indonesian government determines the Eid al-Adha holiday in two ways: rukyat and reckoning. On the Instagram account @kemenag_ri, the Ministry of Religion of the Republic of Indonesia held an Isbat Session Teleconference on June 29 2022, and the results showed that the date set on the calendar had to be changed from July 9 2022 to July 10 2022. Instagram users provided this decision directly. This shows that the religious community has participated and there is agreement in handling the results of the Isbat Session. As an effort to explore the interactions that exist within religious communities, this research uses netnography techniques.

Jasmine Syifa Azzahra Susilo; Asti Sri Mulyanti; Temmy Fitriah Alfiany

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

To become the halal centre of the world, the government requires the implementation of halal certification for all products circulating in Indonesia, one of which is food and beverage products. The halal certification obligation has been carried out from 17 October 2019 to October 2024. The government has prepared strategies to improve the quality and quantity of assistants and simplify the halal certificate registration process. The Sukabumi City Diskumindag has helped facilitate MSMEs in Sukabumi City to register for free halal certification. However, there are still many MSMEs in Sukabumi City that do not have halal certificates. This is certainly detrimental to the community because it does not protect the right to safety and comfort when consuming or using a product. If until 18 October 2024 MSMEs are not halal certified, they will be subject to sanctions in accordance with Article 24 of the Law on Halal. This study aims to examine how the implementation of halal certification is viewed from Law Number 33 of 2014 concerning Halal Product Guarantee for MSME players in Sukabumi City as well as the role of Diskumindag Sukabumi City and what obstacles are faced during the implementation of the Law. The research used in this study is normative juridical which deductively reviews articles and legislation to examine how these regulations are applied in practice. Problems in the implementation of Law Number 33 of 2014 concerning Halal Product Guarantee in Sukabumi.  

Euis Sopiah

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

In the last few decades, teachers in carrying out their duties have often become the subject of social control and mass media. This is due to the increasing number of acts of violence that occur in schools, both committed by students, parents, school administrators and even teachers themselves. These acts of violence sometimes occur due to student disciplinary activities carried out by teachers. The aim of this research is to provide an explanation of the importance of clear regulations regarding the protection of teachers in carrying out their duties. The research method used is a literature review. The results of this research are that the current regulations are not strong enough to provide legal protection for teachers in carrying out their duties, so there is a need for clearer legal evidence and more emphasis on teachers in carrying out their duties.

Nova Nazwa Ramadhanti; Sahrul Sodikin; Siti Abelia Puteri; Noerma Kurnia Fajarwati

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article explores the comparison between money politics and cost politics in the context of the political process and its influence on democratic integrity. Money politics reflects corrupt practices in which wealth is used to manipulate election outcomes or political decisions, while cost politics includes costs related to campaigns, regulations, and citizen participation in the political process. In distinguishing these two concepts, this article highlights their role in shaping the strengths and weaknesses of democracy and the challenges in strengthening political integrity. By analyzing case studies and theoretical concepts, this article aims to present a clearer understanding of the differences between money politics and cost politics, as well as promote efforts to address corruption and increase transparency in the political process.