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Ramadani Dimas Pamungkas; Deandra Myana Rahayu; Syafa Nabila Azzahra; Fadia Amanda Pertiwi; Hany Nurpratiwi

Journal of Creative Student Research 2023 Pusat Riset dan Inovasi Nasional

The objectives of the National Agrarian Law are in line with the objectives of the 1945 Constitution of the Republic of Indonesia as the legal foundation for the formation of the UUPA, namely "to protect the entire Indonesian nation, promote public welfare, educate the nation's life, and participate in carrying out world order based on freedom, eternal peace." and social justice”. Before there were clear rules governing land issues, many land conflicts occurred. One type of conflict that often occurs is between the state and the community regarding Nation Land Tenure Rights representing the public interest, and then private property ownership, which then results in social inequality that arises in society. social. In the compensation paradigm itself, it tends to mean that the holder of land rights has experienced a loss prior to the release of his land for public use. Presidential Decree No. 55 of 1993, Presidential Decree No. 36 of 2005 and Presidential Decree No. 65 of 2006 contain many weaknesses and are repressive in nature which harm land rights owners. Various cases of community welfare land acquisition development show various problems that arise in the implementation process. With the promulgation of Law Number 2 of 2012, the government is trying to correct deficiencies in the previous laws and regulations regarding land acquisition for public purposes. Compensation for Land Acquisition Since the promulgation of Law Number 2 of 2012, the government has assessed the value of compensation for each plot of land, including land, space above ground and basement, buildings, plants and land, for public purposes; and/or other things that can be assessed as Loss. The amount of compensation determined by the appraiser based on the results of the assessment becomes the basis for negotiating and determining losses.

Dian Sudiantini; Sonya Febrina Narwastu Ambarita; Suhartini Suhartini; Widya Ananda; Zalendra Zalendra

Jurnal Manajemen dan Ekonomi Bisnis 2023 Pusat Riset dan Inovasi Nasional

The Ciptaker Law functions to increase investment and create new jobs, but is controversial because of workers' rights. Analysis of the relationship between the Ciptaker Law and employee welfare needs to pay attention to the concept of Competency-Based Employment, which allows companies to appoint and terminate employment based on employee capabilities and performance. However, this threatens the rights of employees, especially regarding termination and wages. The Ciptaker Law also expands the types of work for foreign workers in Indonesia. Even though it can increase investment and create jobs, the Ciptaker Law has the potential to reduce employee wages and make it easier for companies to terminate employment. The implementation of the Ciptaker Law needs to be closely monitored and evaluate especially in terms of protecting employee rights so that this Law can improve welfare and decent employment opportunities. Sorry, please add the text you want shortened. Thank You.

Conita Aulia Wijayanti

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

At the beginning of 2020 the world was shocked by a new virus thought to have originated from Wuhan, China. named 2019 Novel Corona virus. The World Health Organization (WHO) names the new virus as corona virus disease 2019 (Covid-19), that health workers, both doctors, nurses and hospital administration staff, need legal protection from the government. Health workers are willing to devote themselves to serving public health and even sacrifice their lives and those of their families to tackle the spread of Covid-19. The formulation of the problem in this study is How is legal protection for health workers and the Covid-19 acceleration task force? and How is the form of guidance and supervision of the implementation of Covid-19 prevention services, the method used is a normative juridical approach. The work safety of health workers due to the Covid-19 pandemic has not been carried out properly as mandated in laws and regulations, in the implementation of the rights of health workers During the Covid-19 pandemic, it is still neglected and has not been fulfilled. Therefore, the role and responsibility of the government is needed to fulfill the rights of health workers as the frontline.

Antonius Aditya Pratama

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

Law Number 35 of 2009 concerning Narcotics has regulated the opportunities for medical rehabilitation and social rehabilitation for addicts and victims of narcotics abuse, as described in Article 54, Article 55, Article 103 and Article 127 Paragraphs (1), (2) and (3). In addition, it is also regulated in Articles 13-14 of Government Regulation Number 25 of 2011 concerning the Implementation of Compulsory Reporting of Narcotics Addicts and also the Circular Letter of the Supreme Court (SEMA) Number 4 of 2010 concerning Placement of Abuse, Victims of Abuse and Narcotics Addicts into Medical Rehabilitation and Rehabilitation Institutions. Social. The problems studied in this paper are how to regulate the implementation of rehabilitation for narcotics addicts based on the judge's decision and how the role of the competent agency in the implementation of rehabilitation for narcotics addicts is based on the judge's decision. Provisions for rehabilitation for narcotics abusers are regulated in Law No. 35 of 2009, it is stated in Article 54 that Narcotics Addicts and Narcotics Victims are required to undergo medical and social rehabilitation. This is clarified in Article 3 paragraph (1) of the Regulation of the Head of the National Narcotics Agency Number 11 of 2014 concerning Procedures for Handling Narcotics Addicts and/or Defendants of Narcotics Addicts and Victims of Narcotics Abusers in Rehabilitation Institutions (BNN Regulation 11/2014) which stipulates that Narcotics Addicts and Victims of narcotics abusers who are without rights and against the law as suspects and/or defendants in narcotics abuse who are undergoing the process of investigation, prosecution, and trial in court are given treatment, care and recovery in rehabilitation institutions. At the time the judge decides on rehabilitation, the judge will determine whether the person concerned (in this case the Narcotics Addict) undergoes rehabilitation or not based on whether or not the crime committed is proven. This is regulated as in Article 103 of Law no. 35 of 2009 concerning Narcotics. The Role of Agencies in the Rehabilitation of Narcotics Addicts in the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics as a non-penal effort of the National Narcotics Agency is the implementation of mandatory reporting of Narcotics addicts, Recipient institutions must report (IPWL) Narcotics addicts, Medical rehabilitation, Social rehabilitation  

Dea Pitaloca; Nasywa Iedha Khaerunisa Anrose; Nadia Aristawati Daniswara; Maulia Depria Kembara

GARUDA : Jurnal Pendidikan Kewarganegaraan dan Filsafat 2023 International Forum of Researchers and Lecturers

Sexual harassment, which jeopardizes human rights and poses a threat to individual’s well-being within society, is a type of violence. The increasing prevalence of sexual harassment cases has become a crucial societal concern, as it can transpire indiscriminately. This study intends to elucidate how Pancasila is implemented to address sexual harassment in the community. Pancasila, as the fundamental principles of the Indonesian state, encompasses pertinent values such as justice, unity, equality, and humanity, which serve as a foundation for combating sexual harassment. The research methodology employed entails a literature review incorporating library studies.

Ayu Lintang Priyan Andari; Miftahul Hasanah; Sumriyah Sumriyah

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

The problem of land is a problem that stems from the current needs of the community both for residential use, business or for community livelihoods such as to grow vegetables. In Indonesia, the regulation of land or agrarian has only existed since 1960, namely by bringing up the Basic Agrarian Law (UUPA). In the UUPA It has been stipulated that legal certainty regarding land can only be legally recognized by registering the land and obtaining a certificate of title to the land. Then there is a PP regarding land registration, namely PP No. 24 of 1997. Before the issuance of the UUPA in 1960, the community had a Letter C from the village as proof of ownership of land rights. Even today there are still people who still hold the Letter C as proof of ownership. This is what researchers will discuss about the validity of Letter C which is still used by some communities related to old evidence of ownership of land rights. In assessing the validity or not of a Letter C, it is necessary to understand what are the legal requirements of a decision

Hanifah Miftahul Jannah; Insani Nurul Qolbi; Naila Nabila Fuadi; Maulia Depriya Kembara

GARUDA : Jurnal Pendidikan Kewarganegaraan dan Filsafat 2023 International Forum of Researchers and Lecturers

Sexual violence in campus settings has become an increasingly concerning issue in Indonesia. From the perspective of Pancasila as an ethical system, sexual violence is an action that contradicts the noble values of the Indonesian nation. Campuses should be a safe and comfortable environment for everyone, especially students, but the reality is that there are still many cases of sexual violence occurring within them. The purpose of this article is to discuss sexual violence in campus settings from the perspective of Pancasila as an ethical system. The method used is a qualitative approach by conducting a literature review related to sexual violence in campus settings and the values of Pancasila. The results show that sexual violence is an action that contradicts the values of Pancasila, such as social justice, fair and humane treatment, and mutual cooperation. Therefore, efforts to prevent and address sexual violence in campus settings must prioritize these Pancasila values. Some efforts that can be taken include raising awareness among students and campus staff about sexual violence, promoting a culture that values diversity and strengthens solidarity between students and campus staff, and improving the effectiveness of legal action against perpetrators of sexual violence. Thus, it is hoped that a safe, comfortable, and human rights-respecting campus environment can be created.

Nimas Arum P.S; Jamilatus Sarifah; Daffa Fawaz Musafa

Jurnal Akuntan Publik 2023 International Forum of Researchers and Lecturers

Public service is all a series of activities in the framework of fulfilling basic needs in accordance with the basic rights of every citizen and resident over goods, services and or administrative services that have been provided by service providers related to the public interest. The community as customers have needs and expectations for the performance of professional public service providers. The task of the Central Government and Regional Governments is to provide public services that are able to satisfy their people. The implementation of decentralization and regional autonomy policies in Indonesia has resulted in local governments having the responsibility and authority to determine minimum service standards. The fundamental problem in the process of public service in Indonesia is about ethics. The absence of universal standards regarding norms or ethics and sanctions that regulate specifically for violations committed by officials in public services.  

Ella Putri Permatasari; Nur Fira Amalia Fabrianti; Qutrotu Salsabila; Muhammad Zalfa Roqiqo Abada

Concept: Journal of Social Humanities and Education 2023 Sekolah Tinggi Ilmu Administrasi Yappi Makassar

As a manifestation of mutual respect and an attitude of living in harmony, it is important to resolve land conflicts through a fair distribution of inheritance. Equitable distribution of inheritance is a process of distributing assets and land rights proportionally according to the needs and contributions of each party involved. Equitable distribution will create social justice and reduce injustice that may occur, so as to reduce conflict, one of which is by means of mediation. Equitable distribution of inheritance can also help develop communities and increase economic well-being. Also intended to eliminate feelings of resentment due to disputes that arise. By means of mediation, it is hoped that this family spirit will be maintained so that a harmonious and peaceful life can be created.

I Made Lanang Maha Adi Putra; Ni Made Ari Yuliartini Griadhi

Jurnal Relasi Publik 2023 International Forum of Researchers and Lecturers

This study aims to find out and understand the regulation of the citizenship status of a person who enters into mixed marriages in Indonesia, and to know and understand this regulation from a human rights perspective. The method used is normative research using a conceptual approach and a statutory approach. The results of the research show that the provisions of Article 26 of Law no. 12 of 2006 concerning Citizenship basically provides for restrictions on human rights related to a person's freedom to choose citizenship status. These provisions stipulate that as a result of mixed marriages, Indonesian men or women lose their citizenship status because according to the law of origin the foreign husband or wife has given citizenship status. In addition, this provision also contradicts Article 28E paragraph (1) of the 1945 Constitution of the Republic of Indonesia which basically states that everyone is free to embrace religion and worship according to their religion, choose education and teaching, choose a job, choose citizenship, choose a place to live in the territory of the country and leave it. and has the right to return. and also Article 26 paragraph (1) of Law no. 39 of 1999 concerning Human Rights which basically states that everyone is given the right to own, replace, obtain or maintain citizenship status.

Damar Tangguh Rabani; Diny Widya Evriyanti Simarangkir; Ericko Arwinda Al Iyad; Muhammad Rifki Adnan Ramadhan

Jurnal Relasi Publik 2023 International Forum of Researchers and Lecturers

There have always been ups and downs in regional governance, with a number of autonomy issues and less-than-perfect institutional working relationships between the Centre and the regions. Instead of being resolved by the 2014 Local Government Law, Law No. 23/2014, these issues have further complicated the relationship between local authorities and the central government. This research aims to analyze the review of the principles of regional government and the implementation of the SOTK. This research uses a normative juridical method that focuses on legal precedents, relevant laws, and regulations. The result of this research is that regional autonomy is based on the idea that autonomous regions have the authority as well as the rights and obligations in managing their own local interests in accordance with the law. In Indonesia, local governance is guided by three basic principles, namely 1) The principle of decentralization. 2) The idea behind de-concentration. 3) Assistance tasks as a concept. There are three parts to the model of how local governments and the federal government work together, namely 1) agency model, 2) the interaction Model, and 3) the relative Autonomy Model The structure of each region will include various interventions. However, the drafting guidelines from the government make the SOTK look uniform, centralized and rigid, so despite the differences, each region's SOTK still has some similarities.

R.A. Rini Anggraini; Iwan Rachmad Soetijono; Barlian Ary Ajiwijaya

Jurnal Relasi Publik 2023 International Forum of Researchers and Lecturers

Regional finance is a right and obligation. Rights are regional rights to seek regional revenue sources in the form of collecting regional taxes, regional levies or other sources of revenue in accordance with applicable laws and regulations. Meanwhile, the obligation is the obligation of the region to issue money in order to carry out all regional government affairs. In its implementation, the financial management carried out by each region is accountable to the Supreme Audit Board (BPK). Regions that are categorized as good in financial management will receive an award in the form of an unqualified opinion (WTP). The Principle of Accountability in realizing WTP-based management can be interpreted as an effort to be accountable by creating oversight through the distribution of power in various government institutions so as to reduce the accumulation of power while creating conditions of mutual supervision.

M. Yunus; Dian Dwi Alifatul Faizah

JURNAL ILMIAH PENDIDIKAN KEBUDAYAAN DAN AGAMA 2023 CV. ALIM'SPUBLISHING

The problems of Islamic education that are developing in schools today are numerous, one of which is capitalism Islamic education, education that the rights of each individual person are limited by financial ability. That is the high cost of private education, which in fact is an Islamic educational institution that usually has the word Islam behind the name of the school, such as Islamic elementary school, Islamic junior high school and the like. make education has come out of its true purpose. The paradigm of Islamic education does not distinguish between social groups in society, because learning is the right of every individual, everyone has the right to get a school education. It is time for us to implement the "social justice" paradigm, using the "human empowerment approach". approach to placing humans as humans. Humans are not adapted to goods. Humans are independent-autonomous beings, have potential that can be developed and realized. So it's fair that education will be implemented if we are all serious about transforming education with the concept of "humanizing humans".

Eva Naura Maharani; Akmal Haris; Nazwa Hawwa Audica; Febriyana Nur Aziza Sagita Sari

Jurnal Relasi Publik 2023 International Forum of Researchers and Lecturers

This research uses three (three) different approach models, namely statutory approach, case method, and conceptual approach. The constitution contains a number of concepts and standards, as well as provisions that defend and uphold human rights, according to das soll. However, the rules outlined in das sollen do not correspond to reality. Surprisingly, the authorities often ignore backwardness, poverty, and even oppression. Two main objectives that are interesting to be researched by the author in this regard are: to find out the interpretation of the Constitutional Court at stipulation column 28J clause (2) 1945 Composition concerning limitation about human rights and under what circumstances limitation about human rights may be declared unconstitutional by a Constitutional Court.

Anti Navirotul Baety; Heni Dora Sinaga; Ibrahim Yahya

Jurnal Relasi Publik 2023 International Forum of Researchers and Lecturers

Indonesia is a country that upholds people's sovereignty, which means that all political and governmental activities in Indonesia, both directly and indirectly, are regulated by the people. It is the people who choose who is entitled to occupy government positions using the election mechanism. This election itself was followed by more than a dozen political parties. The purpose of conducting this research is to further discuss whether the dissolution of political parties has violated the existence of freedoms that guarantee human rights in them or whether these rights have limitations in certain respects. As well as another objective is to examine the reasons and mechanisms in a dissolution within a political party carried out by the Supreme Court. This research uses normative qualitative methods where the results of the research will be in the form of a comprehensive review based on law no. 24 of 2003 and Law no. 2 of 2008. The result is that the dissolution of political parties does not violate human rights at all because the right to associate has certain limitations and the reason political parties can be dissolved is that it is contrary to the 1945 Constitution and Pancasila ideology.

Asyifa Permata Dewi; Ariqah Nur Faizah; Dita Rahmaditiani J; Salwa Khoirunnisa; Sri Nadya Nurviani +1 more

Jurnal Akuntan Publik 2023 International Forum of Researchers and Lecturers

This study aims to determine the extent to which the implementation of law number 13 of 2003 concerning employment is related to the discrepancy in employee working hours at pt. Aice and pt. Adi putra denpasar and also to find out whether in practice there are any obstacles in the application of law number 13 of 2003 concerning manpower related to the mismatch of employee working hours. This study used the literature study research method, the data generated by collecting references from sources, books, and journals related to the topics raised in this study. The results of this study indicate that the two companies are proven to still violate regulations, especially in the discrepancy in working hours of employees. In the future, it is hoped that all companies will be able to fulfill their obligations in fulfilling the rights of employees so that employees can feel comfortable and be appreciated.

Jayantri Ribunu; Rafika Nur; Nur Insani

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

The purpose of this writing is to identify, study and analyze procedural diversion for children in conflict with the law in the Juvenile Criminal Justice System. In this paper the author uses the normative juridical method. In the conclusion of the discussion, children who are in conflict with the law are considered as legal subjects who are not competent and do not understand what they are doing. Investigation of child cases is carried out by investigators appointed by Decree of the Head of the Indonesian National Police or other officials appointed by the Head of the Indonesian National Police. If the Diversion succeeds in reaching an agreement, the Investigator will submit the Minutes of Diversion along with the Diversion Agreement to the head of the district court for stipulation. Meanwhile, if the Diversion process fails, the Investigator must continue the investigation and transfer the case to the Public Prosecutor by attaching the Minutes of Diversion and minutes of community research. Arrested children must be entrusted to the LPKS. The cost for each child placed in the LPKS is borne by the budget of the ministry that administers government affairs in the social sector. The role of diversion as an effort to protect the rights of children's rights is expected to solve the problems of children who are in conflict with the law. When a child is faced with a formal criminal justice process, it is certain that the child will lose his freedom. By diverting, the freedom of children is still guaranteed, and the deprivation of independence for them can be avoided. Diversion is a very meaningful effort to provide protection for children who are in conflict with the law so that they can fulfill the basic rights of children.

Athar Tristan Andana Kanz; Reza Yuda Sakti; Romauli Yohana Sinaga; Serlin Lovina Manalu

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

Rule of Law is a basic principle in a legal system where the law applies equally to everyone, including the government and citizens, and no person or party is excluded from the law. It also emphasises that legal decisions must be based on existing laws and must be implemented fairly and consistently. The law is the highest norm that binds all other legal norms, thus becoming the foundation for state power and legal regulation within a country. The rule of law and the law are closely interrelated in a country's legal system. In a well-functioning legal system, the rule of law and the law work together to create justice and security for all citizens. The rule of law helps ensure that the government does not abuse its power or violate the rights of individuals. The purpose of this research is to analyse Law No. 11 of 2008 which has been amended into Law No. 19 of 2016 regarding Electronic Information and Transactions (ITE Law) which is not in accordance with the principles of The Rule of Law and how this ITE Law can reflect the principles of The Rule of Law. This research method is library research. The results of this study are the development of technology and information today makes the government then issue Law Number 11 of 2008 (ITE Law) concerning the use of technology as well as information, ITE Law prohibits all forms of criminal acts that violate using technology and information, such as information disseminated will get bad treatment for the community. In practice in Indonesia, there are several cases that contradict the principle of The Rule of Law, for example, the ITE Law can cause confusion due to the increasing total every year of technology and information users, so the use of technological facilities is also increasingly widespread plus the ITE Law until now has not been widely socialised to the public.

Savina Anggun Lestari; Muhammad Rijal Sadida; Risyan Putri Maharani; Intan Wahyuningtyas Andini

Jurnal Relasi Publik 2023 International Forum of Researchers and Lecturers

A rule of law is a country that upholds the rule of law as the main foundation in the administration of the state and government. In essence, a rule of law state also adheres to the meaning that every decision and action of the government must be based on law and mere will. It has been written clearly that the legal basis for the rule of law in Indonesia is contained in Article 1 Paragraph (3) of the 1945 Constitution which states that, "Indonesia is a country based on law". It is undeniable that in this Digital Age, Indonesia's challenges as a rule of law and its implementation are increasingly challenging. There are still many human rights violations, corruption and injustice in the justice system. To overcome these challenges, Indonesia has carried out many legal reforms. The purpose of this article is to find out how to analyze the challenges of the rule of law in enforcing constitutional law in the digital era. The type of research method used, using the method of literature study or literature review, by examining literature data that matches the theory within the scope of Constitutional Law. The results show that Indonesia as a rule of law country is still lacking in law enforcement and the justice system. In this digital era, technology has developed very rapidly, it also presents new challenges for constitutional law and of course also has an impact on the constitution. In conclusion, the existence of a rule of law remains important in this digital era in the implementation of constitutional law by adapting and developing an appropriate legal framework and strengthening the capacity of law enforcers to respond to these new emerging challenges.

Iqbal Aji Saputra; Salsabila Aprilia

Jurnal Relasi Publik 2023 International Forum of Researchers and Lecturers

The Constitution is the highest law in Indonesia and is the foundation for the protection and upholding of Human Rights (HAM). The Indonesian constitution regulates human rights in various articles, such as freedom of expression, the right to education, the right to health, the right to work, and so on. However, there are still many cases of human rights violations that occur in Indonesia. Therefore, it is important to evaluate the relevance of the constitution in guaranteeing and upholding human rights in Indonesia. This study uses a qualitative approach with content analysis techniques for constitutional documents and laws related to human rights as well as literature studies. The results of the research show that the Indonesian constitution provides a strong basis for protecting and upholding human rights. However, in practice there are still obstacles such as a weak law enforcement system, corruption, and policies that are not progressive in promoting human rights. Therefore, efforts are needed to increase public understanding and awareness of human rights and strengthen institutions that play a role in upholding law and human rights in Indonesia. In addition, there is a need for efforts to adopt progressive policies in promoting human rights and guaranteeing their protection in accordance with the constitution. Thus, it is hoped that the constitution can become an effective instrument in guaranteeing and upholding human rights in Indonesia.