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Dian Pribadi Sihotang

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

A peace agreement that has been homologated is binding on all creditors who agree to the peace plan in accordance with Article 286 of Law Number 37 of 2004. The debtor is obliged to prove that the peace agreement has been fulfilled by the creditors as per the peace agreement that has been agreed. This research is aimed at analyzing legal certainty regarding the rights of concurrent creditors after homologation has been carried out, the debtor's responsibility if the debtor does not fulfill his promise according to the peace agreement that has been homologated and analyzing the application of the law by the panel of judges in Decision Number 11/Pdt.Sus-PKPU /2017/PN Niaga Medan regarding the responsibility of debtors to concurrent creditors in the implementation of the homologated PKPU peace agreement. This research is normative legal research that is qualitative in nature. Data comes from primary, secondary and tertiary legal materials collected using library research and document study techniques. Primary data as supporting data for normative analysis was collected using the interview method with judges and curators who were determined purposively. Data analysis was carried out using the qualitative normative data analysis method.Based on the research results, it is concluded that legal certainty regarding the rights of concurrent creditors occurs after the homologation of peace agreements which are binding and obtain permanent legal force. If the debtor is negligent and the settlement is canceled, the debtor will lose independence or the debtor will no longer have any interest in controlling or managing his assets. In this regard, the application of the law by the panel of judges in the homologation Decision Number 11/Pdt.Sus-PKPU/2017/PN Niaga Medan was correct with the consideration that the debtor was declared negligent in fulfilling his obligations and canceled the decision to ratify the peace by declaring the debtor to be in bankruptcy with all legal consequences

Maryuliyanto Maryuliyanto

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

Kemiren Village Banyuwangi is a traditional Osing village because it still adheres to its customs. One of the things that regulates customary law is marriage. Marriage according to customary law is one of the most important events in people's lives. Because according to indigenous peoples, marriage does not only involve a man and a woman as potential brides, but also binds the two families together. The success of a household in realizing a happy life, especially in indigenous peoples, is largely determined by the intervention of relatives and family, which starts when they are about to get married or when there is a conflict in the household. In this case, it is very dependent on the rituals that were usually performed beforehand and asked for the opinion of the traditional leader. The research focuses on this namely the cosmology of marriage in the view of the Osing tribe of Banyuwangi. This research was conducted with the objectives to analyze the cosmology of marriage in the perspective of the Banyuwangi Osing tribe, The research method used in this research is empirical research using descriptive qualitative, meaning that this research seeks to describe, record, analyze and interpret what is being studied, through observation, interviews and studying documentation. The research approach used in this study is the sociological approach. The sociological approach is an approach used to describe the state of society complete with structures, layers and various other interrelated social phenomena. Based on the results of the research that has been done, the researcher concludes that; First, marriage is a sacred bond to unite two people who have a relationship or a sense of love as a gift to be grateful for. Kemiren Banyuwangi Village is a district that has a diverse community and has a different culture for each region and tribe, one of which is the tradition of marriage. Second, family. Second, in living a household life, of course there are times when there are disputes between husband and wife. In the customary community of the Osing Tribe when there is a conflict or even a divorce, they resolve it according to customary law, because in each customary law there is a pattern of settlement when a problem occurs.

Redyana Lutfianidha

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

Muncar District, Banyuwangi Regency is one of the districts which is an industrial area, especially in the field of processed marine products, such as petis, sardines and and others. There are also quite a lot of workers at UD in Muncar sub-district. The author is interested in conducting research at UD which is engaged in petis processing in Muncar District. The UDs referred to in this research are UD Dewi Sri Ayu, UD Kurnia Industri, and UD Tiga Bawang Putih. Petis companies in Muncar sub-district, Banyuwangi district are very vulnerable to work accidents. This is because to produce petis, high power machines are used and very sharp knives are used to cut fish and also to crush shrimp heads which are used as raw materials for making petis. K3 safety in carrying out this work is very important because considering the situation and conditions faced in the work environment, it is very prone to work accidents. Likewise, what happened at UD Kurnia Industri, the atmosphere and conditions were very uncomfortable because the production system carried out was not in accordance with standards, one of which was that there was no dampening of air pollution and heat because the tools used to cook petis were still very simple and traditional.

Grahadi Purna Putra

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

This research aims to find out how to resolve employment termination disputes through industrial relations conciliation by a conciliator. The method used in this research is normative legal research, which is legal research carried out by examining library materials or secondary data. Based on the research results, it was concluded that due to the failure of bipartite negotiations by the parties in dispute regarding the termination of employment relations, the parties could choose a settlement through conciliation or arbitration. If the dispute between the parties is regarding termination of employment relations, then the choice is settlement through conciliation carried out by a conciliator, because settlement through arbitration can only resolve disputes of interest, and disputes between workers/labor unions only within one company. When an agreement is reached to resolve a dispute over termination of employment through conciliation, a joint agreement is made which is signed by the parties witnessed by the conciliator and registered at the Industrial Relations Court at the District Court in the jurisdiction of the parties entering into the collective agreement to obtain a certificate of registration, but if If no agreement is reached on resolving the employment termination dispute through conciliation, the conciliator issues a written recommendation and if the parties agree to the written recommendation the conciliator assists the parties in making a collective agreement to then be registered at the Industrial Relations Court

Ali Armadi

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

This research aims to determine how the General Election Commission implements its duties and functions to increase community political participation in Sumenep Regency. This type of research uses a qualitative descriptive method to provide an overview of implementing the duties and functions of the General Election Commission in increasing community political participation in Sumenep Regency. The researcher interviewed seven people. This research uses three data collection techniques: observation, interviews, and documentation. Meanwhile, data analysis uses data reduction, data presentation, and conclusion. The research results show that implementing the duties and functions of the General Election Commission to increase community political participation in Sumenep Regency is exemplary. Based on the facts and realities in the field, community participation in the simultaneous elections in Sumenep Regency has increased dramatically.

Moh Mundzir

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

Local wisdom-based character education has a strategic role in forming a generation with integrity, strong personality, and high moral awareness. This study aims to analyze the implementation of local wisdom-based character education in learning and identify effective strategies and obstacles faced in its implementation. Using a qualitative approach, data were collected through interviews, observations, and documentation studies. The results of the study indicate that the integration of local wisdom values ​​in education can increase cultural awareness, strengthen national identity, and form positive characters in students. However, the implementation of local wisdom-based character education still faces challenges, such as lack of understanding of educators, minimal policy support, the influence of globalization, and limited resources. Therefore, synergy is needed between schools, families, communities, and the government so that local wisdom-based character education can run effectively and sustainably.    

Diah Anggraeni Novitasari; Kunarto Kunarto

Prosiding Seminar Nasional Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The law’s rules that set about the employment in Indonesia run into many problems which have an impact to the imbalance investment in Indonesia. To increase the investment, the DPR formed Law No. 11 of 2020 that concerning job creation which simplifies and give the rules details that related with the employment by using the omnibus law technique. Throw back to the year before, the laws that contains about the employment has been created through Law No. 13 of 2013 that has been simplified from six ordinances and nine related laws. But in the implementation, Law No. 13 of 2013 has been acommodated many interests and spent a lot of time and money. Comparing with the Law No. 11 of 2020 about the job creation, discussion regarding the laws did not spend a lot of time because it already planned by several part which is when the laws has been released raises a lot of judicial riview.    

Nuryono Nuryono

Prosiding Seminar Nasional Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Corruption is still a scourge and a sore that destroys the economic joints of a country or nation. Problem formulation: 1) What is the normative basis of the authority of the District Attorney's Office in overcoming corruption; 2). What is the role of the District Attorney's Office in overcoming corruption? This research will be compiled using the normative legal research type. The data sources used are primary and secondary data. Secondary data in this study include: Primary legal materials, consisting of: Law Number 48 of 2009 concerning Judicial Power, Law Number 16 of 2004 concerning the Attorney General's Office of the Republic of Indonesia, Law Number 31 of 1999 which has been amended to Law Number 21 of 2001, Law Number 30 of 2002 concerning the Corruption Eradication Commission, Law Number 46 of 2009 concerning the Corruption Court. Research results: 1). Protection of patient rights as consumers in medical records is the existence of regulations that The normative basis for the authority of the District Attorney's Office in dealing with corruption crimes is divided into two, namely preventive handling and repressive handling. Preventive handling of corruption crimes by the prosecutor's office is an action taken within the framework before the crime or criminal act occurs, the legal basis for which is Article 30A and Article 30B letter d of Law Number 11 of 2021 concerning Amendments to Law Number 16 of 2004 concerning the Attorney General's Office of the Republic of Indonesia. The main umbrella is Law Number 8 of 1981 concerning the Criminal Procedure Code, especially those stated in Article 1 number 6 letters (a) and (b) of the Criminal Procedure Code. The prosecutor as a criminal investigator also serves as a public prosecutor in handling corruption crimes. So to complete his obligations, the prosecutor must cooperate with other related parties. Cooperation with other parties is called a legal relationship, because in carrying out cooperation in a rule or law that is certain in nature. Legal relations with other parties can be individuals, legal entities and other government agencies.    

Surana Mahendra Jati; Mashari Mashari

Prosiding Seminar Nasional Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The problem currently faced is that the amount of green open space that must be provided by the government has not yet reached 30% of the city area. The problems are as follows: 1) What are the responsibilities of the Semarang City Government in fulfilling green open space in urban areas based on Semarang City Regional Regulation Number 14 of 2011 concerning Semarang City Regional Spatial Planning for 2011-2031 as amended by the Semarang City Regional Regulation Number 5 of 2021? 2) What obstacles does the Semarang City Government face in fulfilling green open space in urban areas? 3) What solutions can the Semarang City Government implement to face obstacles in providing green open space in urban areas? This research uses a normative juridical approach (normative legal research). The data analysis used is a qualitative approach to secondary data as main data and primary data as supporting data. The research results show that the responsibility of the Semarang City Government in fulfilling green open space in urban areas is in accordance with the plan for the distribution of regional service facilities in each part of the city area (BWK). The obstacles faced by the Semarang City Government, namely: juridical obstacles, technical obstacles. Solutions that can be implemented by the Semarang City Government are: enforcing regulations with punishment regarding local building regulations, including the Basic Building Coefficient (KDB) for all buildings so that there is open space in each site which will be useful for planting trees or reforestation, propose an additional budget in the Expenditure Budget Activity Plan (RKAB) according to real needs as well as plans for additional city park development. The proposal for additions outside the routine budget is intended to maximize the implementation of medium and long term work programs. recruiting honorary/contract workers to help with the maintenance of existing city parks.    

Sri Hardhina Kunjayanti; Agus Widodo

Prosiding Seminar Nasional Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Medicinal chemicals (BKO) are chemical compounds that are commonly added to traditional medicinal preparations to increase the drug's indications and offer a powerful and rapid impact in illness treatment. Traditional medicines containing BKO in Indonesia, particularly in East and West Java, are increasing year after year, from 43 to 50-53 traditional remedies containing medicinal compounds. Using the normative method, researchers will be able to use the findings of empirical legal science and other sciences to analyze and explain law without altering the character of normative legal science. The Consumer Protection Law Number 8 of 1999 regulates legal protection for consumers who consume industrially produced traditional medicines containing dangerous chemical chemicals. Article 19 (1) states that business actors are responsible for compensating consumers for damage, pollution, and/or losses caused by the consumption of goods and/or services produced or traded. (2) The compensation described in paragraph (1) may take the form of a refund or replacement of products and/or services of the same kind or equivalent value, or health care, and/or the payment of compensation in line with the provisions of the applicable laws and regulations. (3) Compensation is granted within 7 days after the transaction date. (4) Providing compensation as stated in paragraphs (1) and (2) does not preclude criminal prosecution based on further evidence indicating the presence of an element of error. (5) If the business actor can demonstrate that the error was caused by the customer, the rules intended in paragraphs (1) and (2) do not apply. Suggestions for effective implementation. Suggestions so that they can be implemented well.    

Adi Sakti Setionegoro; Anggraeni Endah Kusumaningrum

Prosiding Seminar Nasional Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Anesthesia practice in Indonesia faces challenges related to the implementation of professional standards and ethics as well as legal issues that often arise. This study aims to examine the implementation of professional standards and ethics in anesthesia practice in Indonesia today and to identify legal issues that often occur and how to resolve them. This study uses a normative legal research method by analyzing primary and secondary legal materials. The results of the study indicate that although there are guidelines and codes of ethics that regulate anesthesia practice, their implementation in the field still faces obstacles such as lack of understanding of health workers, excessive workload, lack of support from hospital management, and less than optimal supervision and sanctions. Legal issues that often arise include negligence in administering anesthesia, lack of informed consent, violations of the professional code of ethics, and problems in the doctor-patient relationship. Efforts that have been made to overcome these problems include improving education and training, improving standard operating procedures, strengthening supervision and sanction mechanisms, developing non-litigation dispute resolution channels, improving communication and doctor-patient relationships, and increasing support from hospital management. However, these efforts are still not fully optimal and require further evaluation and improvement. The importance of individual awareness of each anesthesiologist to comply with professional standards and ethics and strengthening ethics education are also key factors. Close collaboration between various related parties is needed to improve the quality of anesthesia practice in Indonesia while prioritizing patient safety and welfare.    

Tony Rachardiyanto; Markus Suryoutomo

Prosiding Seminar Nasional Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Corruption is a problem in every country. Corruption has a negative impact on the order of national and state life. Therefore, the United Nations has established the 2003 UN Convention Against Corruption which must be ratified by every country. Indonesia has a corruption problem that is no less complicated. Basically, every corruption is under the same authority, namely the use of office by individuals to benefit themselves or their groups by deviating from the oath of office and the law. Corruption, although considered soft power, its destructive power is no less than the threat of hard power, such as ongoing collective violent conflict, separatism, or even war. This reality will be exacerbated when corruption is carried out using the law as a tool. Become a perfect crime with the legal knowledge and power possessed. It is not surprising that the law is used as a tool of crime (law as a tool of crime) which can hide corruption in the policies that cover it. Most perpetrators of corruption come from the middle class or educated people. One group with higher education and a stable profession or career.    

Aidhar Fakhry; Agus Widodo

Prosiding Seminar Nasional Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The importance of the taxation system as an economic pillar becomes increasingly prominent in the face of the complexity of international relations and ongoing technological developments. This article discusses the challenges faced by Indonesia in optimizing tax revenue and controlling tax avoidance in the era of globalization. The phenomenon of tax avoidance, particularly involving renowned companies such as PT Bentoel and Google, is a central issue in the context of taxation law in Indonesia. Its impact is significant, with reports from the Tax Justice Network estimating the country's losses at US$4.86 billion per year or approximately IDR 68.7 trillion. Tax avoidance not only has a negative impact on tax revenue but also has the potential to undermine the overall effectiveness of the taxation system. Indonesia is confronted with the expansion of tax avoidance practices, especially by companies listed on the Indonesia Stock Exchange, reinforcing the urgency to address this issue within the existing taxation legal framework. This research adopts a qualitative method with a focus on tax supervision and enforcement to explore efforts to combat tax crimes in Indonesia. Thus, this study is expected to provide an in-depth understanding of the root issues and formulate effective solutions to enhance the effectiveness of Indonesia's taxation system. The research findings are anticipated to serve as a foundation for the development of a more effective national fiscal policy, addressing loopholes in the taxation legal framework, and preventing detrimental tax avoidance practices.    

Nur Faidah

Prosiding Seminar Nasional Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The problems in this research are: 1) Why are the regulations for protecting the rights of prisoners in the criminal justice system in Indonesia not based on the value of justice, 2) What are the weaknesses in the regulations protecting the rights of prisoners in the current criminal justice system. The research method uses the constructivism paradigm, with an empirical juridical approach, and a descriptive research type. Types and sources of data using secondary materials in the form of primary legal materials, secondary legal materials, and tertiary legal materials. Methods of data collection using literature, and qualitative analysis methods. The results of the study are: 1) Regulations for the protection of convicts' rights in the criminal justice system in Indonesia are not based on the value of justice; 2) Weaknesses in the regulation on the protection of convicts' rights in the current criminal justice system from the aspects of legal substance, legal structure and legal culture.    

Malik Syaifuddin

Prosiding Seminar Nasional Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article examines the validity of the sale and purchase of land rights based on an absolute power of attorney without the knowledge of the seller, focusing on Supreme Court Decision Number 680 K/Pdt/2020. This study aims to analyze the validity of the use of an absolute power of attorney in the process of transferring land rights and its legal implications. The results of the study indicate that the use of an absolute power of attorney in the transfer of land rights is contrary to the provisions of laws and regulations, especially Article 39 paragraph (1) letter d of Government Regulation Number 24 of 1997 concerning Land Registration. This absolute power of attorney is declared null and void by law because it contains elements of irrevocable transfer of rights, which is contrary to the principle of "Nemo Plus Juris Transfere Potest Quam Ipse Habet". The court decision confirms that legal actions based on the absolute power of attorney are invalid, so the transfer of rights that occurs must be canceled. This finding emphasizes the importance of compliance with legal principles and provisions by notaries and land deed officials in the process of transferring rights to ensure legal certainty and justice.    

Muklisin Muklisin

Prosiding Seminar Nasional Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rise of information and communication technology in the digital era has introduced both benefits and new challenges, one of which is cyberbullying. This study aims to analyze the application of criminal law in cyberbullying cases in Indonesia, focusing on the limitations and challenges of current regulations. Using a normative juridical method, this research examines relevant laws and court cases to evaluate how criminal law addresses cyberbullying. The findings reveal that, while certain laws provide a legal framework for tackling cyberbullying, they remain insufficient in dealing with the complexities of digital harassment. The study highlights challenges in law enforcement, including difficulties in identifying perpetrators and interpreting the law, and calls for more specific regulations and enhanced training for law enforcement officers. Increased public awareness and preventive measures are also recommended to address the issue effectively. The study's implications suggest the need for legal reform and better cooperation between institutions to improve the protection of cyberbullying victims.    

Syah Awaluddin

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to explore the concept of Restorative Justice and its implementation in laws and regulations in Indonesia. Restorative justice is an approach to resolving criminal cases that prioritizes the restoration of relationships and social harmony rather than punishment. The research method used is a normative legal approach with analysis of primary and secondary legal materials. The results of the study show that the concept of restorative justice has been accommodated in various laws and regulations in Indonesia, such as the 1945 Constitution, Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, Regulation of the Indonesian Prosecutor's Office Number 15 of 2020, and Regulation of the Indonesian Police Number 8 of 2021. The implementation of restorative justice in Indonesia is manifested in the form of diversion, mediation, and termination of prosecution based on restorative justice. This study concludes that the implementation of restorative justice in Indonesia is an effort to create a more humane, inclusive, and sustainable criminal justice system.

Sigit Kamseno

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research uses a normative juridical method by comparing criminal law arrangements related to corruption crimes enacted in two countries, namely Indonesia and Malaysia. This is motivated by the issue of corruption in both countries which is still a big problem, even though in terms of the Corruption Achievement Index (CPI), Malaysia is much better than Indonesia. From the results of the research, it is found that there are similarities and differences in the arrangements related to corruption crimes in the two countries. The similarities in both Indonesia and Malaysia are the implementation of the reverse proof system and the establishment of a special institution to eradicate corruption. While the difference is that Indonesia has more legal regulations, the existence of special courts for corruption crimes and the best evidentiary system is applied generally to every form of corruption crime. Meanwhile, Malaysia only has one legal regulation, does not have a special court for corruption and the reverse proof system applied is only limited to bribery cases. From these differences, it can be seen that in terms of the legal system and handling of corruption crimes, Indonesia is better than Malaysia.

Raihan A. Hanasi; Siti Nurhaliza Labasir; Lina Syafitri

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2016 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Maladministration in BPJS Kesehatan services at government hospitals remains a persistent challenge that undermines the principles of good governance in Indonesia. This study examines violations of the General Principles of Good Governance (Asas-Asas Umum Pemerintahan yang Baik/AUPB) in the context of BPJS Kesehatan services at Dr. Wahidin Sudirohusodo Regional General Hospital (RSUD), Makassar, South Sulawesi. This research employs a normative-empirical legal method, combining statutory analysis with field data obtained through interviews and documentation. The findings reveal that maladministrative practices—including procedural delays, discriminatory treatment of BPJS patients, inadequate information disclosure, and arbitrary administrative decisions violate several AUPB principles enshrined in Law No. 30 of 2014 on Government Administration. These violations contravene the principles of legal certainty, impartiality, proportionality, and accountability. The study concludes that institutional reforms, strengthened supervisory mechanisms through the Ombudsman of the Republic of Indonesia, and enhanced legal literacy among healthcare workers are necessary to reduce maladministration. This research contributes to the development of administrative law enforcement in the Indonesian public health sector.