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Freddi Agus Hutapea; Henry Aspan; Abdul Rahman Maulana Siregar

International Journal of Sociology and Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Challenges in establishing customary forests in Indonesia are caused by complicated bureaucracy, lack of synchronization between central and local bureaucracy, and the politics of citizen struggle using the identity of indigenous peoples. In the face of changes to Areal Penggunaan Lain (APL), there needs to be a careful approach and close collaboration between the local government, the central government, and indigenous peoples to achieve a balance between economic development, environmental preservation, and the rights of indigenous peoples. The research specification used in this research is descriptive analytical, which seeks to describe or describe events and events without conducting hypotheses and statistical calculations. Also normative juridical, namely research based on Ministerial regulations, books, and decrees of the Regent of North Tapanuli. The central and local governments have taken significant steps in recognizing and protecting the traditional and cultural rights of indigenous peoples. Changes in the Areal Penggunaan Lain (APL) can have serious impacts, requiring a cautious approach and close collaboration to maintain a balance between economic development, environmental preservation and the rights of indigenous peoples. Suggestions are made that local and central governments improve collaboration, concretely empower indigenous peoples, and integrate sustainable measures in policies to achieve a sustainable balance.

Helmawan Trintono Subekti; Dahlan Dahlan; Tamaulina Br. Sembiring; Yasmirah Mandasari Saragih

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

Compensation in the resolution of medical disputes in Indonesia is crucial as it provides financial compensation for patients who have suffered losses due to malpractice. Data shows an increase in the number of complaints and lawsuits related to medical disputes each year. Determining fair and proportional compensation often poses complex challenges as it involves various aspects such as the level of patient loss, healthcare service standards, medical evidence, and socio-economic factors. Therefore, a careful and holistic approach is needed in determining compensation to ensure justice and improve healthcare practices. The aim of this study is to identify the role of compensation in the resolution of medical disputes in Indonesia and to analyze its legal and ethical implications. The research method used is qualitative with a normative juridical and empirical approach. The results show that compensation in the resolution of medical disputes in Indonesia is important to ensure justice for patients and the responsibility of healthcare providers. The process of determining compensation involves mediation, negotiation, and formal legal processes. The Health Law and health regulations require hospitals to have dispute resolution mechanisms and provide patients with legal rights to compensation. Legal and ethical aspects such as integrity and justice are considered in determining compensation, creating a holistic dispute resolution system to maintain justice and the quality of healthcare services.

Nadya Shahnaz Gabriella; Akbar Ramadhan Gumas; Ardinia Awanis Shabrina; Febrianita Aisyah Putri

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

Corruption originates from the Latin word corruptio, which was used by Aristotle in his book degeneratio et corruptione It means change or deterioration and has no connection to power or money . Corruption offenses fall under the category of special criminal acts, thus requiring specific measures to eradicate them Indonesian positive law regulates the eradication of corruption offenses in Law Number 31 of 1999 as amended by Law Number 20 of 2001 concerning the Eradication of Corruption Offenses. Corruption is an extraordinary crime; its impact can harm democratic values, morality, national finances, and violate social and economic rights of the community It also poses a threat to the aspirations towards a better society. The factors that cause corruption are as follows: (1) Individual behavior, (2) Political factors, (3) Economic factors, (4) Legal factors, (5) Social factors This study aims to understand and provide information about corruption, types of corruption, and the factors that cause corruption in general.

Asrina Nggai; Dian Ekawaty Ismail; Avelia Rahmah Y. Mantali

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

Acts of sexual violence against women and children are a threat that continues to occur anywhere in the world. Boalemo Regency is one of the districts that has experienced a fairly high increase in the number of cases of sexual violence against children. Based on information obtained by the author at the Boalemo Police, the number of cases Sexual violence in the last 3 years has increased by 55 cases. In 2020 there were 15 cases, in 2021 it increased to 18 cases and in 2022 cases of sexual violence increased to 22 cases and cases of sexual crimes against women, in 2019 there were 2 cases, in 2020 only 1 case, and in 2021 only 2 cases. This research aims to determine the factors that cause sexual violence against women and children and to determine the police's efforts to tackle acts of sexual violence against women and children. This research aims to find out what factors cause criminal acts of sexual violence against women and children in Boalemo Regency and what police efforts are in dealing with criminal acts of sexual violence against women and children in Boalemo Regency. The research method used is empirical legal research. The data obtained in this research is analyzed qualitatively, namely by collecting data and drawing conclusions to determine the results. The research results show that there are several factors that cause sexual violence against female children in Boalemo Regency, namely: alcohol, low education, unmet biological needs, the role of the victim, lack of religious education and pornography. And the police's efforts to tackle criminal acts of sexual violence against women and children in Boalemo Regency are: conducting outreach and providing information about sexual violence through social media.

Tiza Yaniza; Ismail Marzuki; Tia Savitria

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

This research is entitled Optimizing the Role of Tourism Villages in Community  Economic Development (Study in Sungai Kakap Village, Sungai Kakap Subdistrict,  Kubu Raya Regency) with the aim of knowing how the role of Sungai Kakap Tourism  Village in the economic development of the local community and raised three problems,  first what factors influence in optimizing the development of Sungai Kakap Tourism Village, Sungai Kakap Subdistrict. second, how is the strategy to optimize the  development of Sungai Kakap Tourism Village, Sungai Kakap Subdistrict optimally and  third, how is the impact of the village in improving the economy for the local community.  This type of research is a qualitative approach, the method used is the method of juridical  sociological approach, the population in this study are business actors around the tourist  village of Sungai Kakap sub-district. Data collection techniques through observation, interviews, and documentation techniques. The results of this study indicate that the  tourist village in Sungai Kakap sub-district has received less attention from the government so that it has not been so optimal in improving the economy of the local  community. The strategy to optimize the development of Sungai Kakap Tourism Village  is the involvement of the local government to promote the tourism village, so that it will  have a good impact on the local community in improving the economy.

Benario Dasmilta Sembiring; Yasmirah Mandasari Saragih

International Journal of Sociology and Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The granting of remissions for drug convicts is based on the condition of the house detainees who are overcrowded by convicts due to over capacity. Granting remission is not applied to drug convicts involved in large-scale trafficking cases, especially for big producers and airports. Tightening remissions for extraordinary crimes (Extraordinary Crime), especially for convicts of narcotics cases in Indonesia because these crimes continue to increase from year to year.The purpose of this study is to find out the legal rules regarding remission for narcotics convicts, the implementation of granting remissions for narcotics convicts in class II B Tanjung Pura prison and the obstacles to implementing the disciplinary law for narcotics convicts in class IIB Tanjung Pura prison. This research is included in the analytical descriptive research with the type of normatif juridical research using qualitative analysis methods. Based on the results of the research, it is known that the legal basis used in granting remission is regulated in Law Number 12 of 1995 concerning Corrections, Presidential Decree Number 174 of 1999 concerning Remission, Presidential Decree Number 21 of 2005 given for extraordinary events, Government Regulations Number 99 of 2012 concerning the Second Amendment to Government Regulations Number 32 of 1999 concerning Requirements and Procedures for the Implementation of the Rights of Correctional Families, Minister of Law and Human Rights Number 18 of 2019 concerning Amendments to the Minister of Law and Human Rights Number 3 of 2018 concerning Terms and Procedures for Granting Remission, Assimilation, Leave to Visit Family, Parole, Leave Before Release, and Conditional Leave. Implementation of Granting Remission at the Langkat Class IIB Tanjung Pura Penitentiary refers to laws and regulations that regulate provisions regarding remissions, during 2020 973 general remissions were granted and 1039 special remissions, in 2021 1145 general remissions were granted and 1135 special remissions and in 2022 1908 general remissions were granted and special remissions as many as 1147 people as well as obstacles to the implementation of grants remissions to inmates at the Class IIB Tanjung Pura Correctional Institution come from ; internal factors such as prisoner behavior factors, human resource factors, facilities and infrastructure factors and external factors such as legal or juridical factors, administrative factors, institutional factors, and community factors.

Pribadi Prasaja; H. Abdul Razak

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

White-collar crime has developed to a transnational level that no longer recognises the territorial boundaries of the state. The form of crime is also increasingly sophisticated and neatly organised, making it difficult to detect. Criminals always try to save money from their crimes through various means, one of which ismoney laundering. In this way, they try to launder illegally obtained money into a form that looks legal. With this laundering, criminals can hide the true origin of the funds or money from the crimes they commit. This research is focused on library studies or document studies, because this research is mostly carried out on secondary data, and Primary Data as a complement, the data to be obtained in this study are collected by means of: Library research The library material referred to consists of primary legal materials, namely laws and regulations related to the title of this research and the Criminal Code. Similarly, secondary legal materials are studied in the form of scientific works of experts including research results (including theses and dissertations) related to the title of the researcher and using Qualitative Data.

Binsar Reski Simamora; Fitri Ramadhani Siregar

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

The rights of female prisoners must be considered specifically for female prisoners, because every woman experiences menstruation, pregnancy, childbirth and breastfeeding. Coaching in correctional institutions must pay attention to laws governing special rights for women prisoners. This research is normative juridical and empirical juridical research, so the approach taken is a statutory approach, because what will be studied are various legal rules that become the focus and central theme of a study. The research specification used is descriptive analysis, namely describing the results of research with complete data and as detailed as possible. Description is intended for primary, secondary and tertiary data related to legal protection of women prisoners through analysis using relevant laws and theories. Based on the Law of the Republic of Indonesia Number 22 of 2022 concerning Corrections Article 9 Paragraph (4). Prisoners who are entitled to health services and proper food in accordance with nutritional needs, while based on Government Regulation Number 32 of 1999 concerning Terms and Procedures related to the Implementation of the Rights of Prisoners, Article 20 Paragraph (1) Prisoners and Correctional students who are sick, pregnant or breastfeeding are entitled to additional food in accordance with the doctor's instructions, but the reality in the prison is not like that, there is no assertiveness from the prison towards providing the rights of pregnant women, so that the implementation becomes ineffective.

Afif Khalid; Yamani Naufal

International Journal of Sociology and Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The protection of trade secrets against non-disclosure agreements is increasingly necessary in every cooperation agreement as a form of intellectual property protection. The purpose of this research is to know and understand the urgency of the inclusion of confidential information in the clause of the cooperation agreement so that it is fundamental to the principle of pacta sunt servanda. This research uses an analytical approach method to examine research materials through analysis of legal materials using normative legal research methods (Legal Research) In the protection of trade secrets, it also has a consequential impact on the abuse of the authority of the trade secret agreement contract because it has the nature of information that must be protected and not informed anywhere.

Moh. Taufik

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

Mining materials as natural resources that cannot be renewed and have limited quantities of course have very high economic value. The existence of this high economic value is a factor in the mining business becoming an industry, both by the government and the private sector. The application of Environmental Law to mineral and coal mining is very important, so as not to cause environmental problems. This research aims to see how environmental law is applied to mineral and coal mining. This research includes library research because the data used is mostly secondary data in the form of legal documents as well as reviewing empirical data in the field. The analysis used uses a qualitative approach. The results of this research are that mineral and coal mining needs to implement environmental law properly, to avoid wider environmental problems. The stages in implementing environmental law, starting from completing environmental impact analysis, issuing IUP, preparing mining road infrastructure and reclamation after mining.

Fatkhul Muin

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

Paradigam base in frame support effort For create good system​ Social security lies in the commitment of the state within effort follow as well as For create system social security for society , so that you can protected from fundamental problems such as health and social protection of employment . An interesting fact , the existence and position of Indonesia as a developing country , of course need balanced internal state capabilities frame create protection social security for citizen . Law no. Constitution Republic of Indonesia Number 24 of 2011 concerning Organizing Bodies Social Security is a basic instrument in effort protection social in in the field of health and employment . Scope​ in guarantee social the in essence become hope in frame create system guarantee good social​ in accordance with mandate the country's constitution concrete instruct to the country for responsible  in frame protection limited every citizen . In study This aim For analyze policy protection guarantee social state with legislative regulatory approach .

Destina Rina Susanti; Rina Arum Prastyanti

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

International human trafficking is a serious crime that causes harm to millions of individuals in various parts of the world. The purpose of this article is to examine the challenges and prospects in law enforcement efforts against international human trafficking. Through an analytical approach, this research will investigate various aspects included in the relevant international legal framework, effective law enforcement strategies, as well as cooperative efforts between countries in handling human trafficking cases.

Arief Fahmi Lubis

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

In accordance with the application of the principle of equality before the law, if criminal behavior occurs against a soldier's wife, the punishment imposed on her husband as a TNI soldier will be the same as that applied in the General Court. The aim of this research is to show that in the context of law enforcement as guidance within the TNI, in domestic violence cases many military members are charged with criminal sanctions by Military Judges. Qualitative research uses a descriptive approach to collect data systematically, factually, and quickly according to the description at the time of the research. The results of this research show that The aim of the Panel of Judges in imposing sentences is not merely to convict people who commit criminal acts but also has the aim of educating so that the person concerned can return to the right path to become a good citizen and soldier in accordance with the Pancasila and Sapta Marga philosophies.

Dinda Ayu Ramadhani; Rahul Ardian Fikri; H. Abdul Razak Nasution

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

Corruption is a problem that needs to be taken seriously and is a legal issue in every country in the world, including Indonesia. The disease of corruption is increasingly rampant. The seriousness of the government in overcoming criminal acts of corruption is the establishment of Law Number 31 of 1999 as amended by Law Number 20 of 2001 concerning Eradication of Corruption Crimes. The formulation of the problem discussed in writing this thesis is Regarding the Application of the Criminal Act of Assistance in corruption. The research method used in writing this thesis is a research method carried out with a Normative Juridical Approach, namely Legal Principles and referring to Legal Norms contained in the library research method (library research), namely conducting research using data from various reading sources such as Laws - Invitations, books, magazines and the internet which are considered relevant to the problems that the author will discuss in this thesis. The assistance of corruption crimes committed by Widjokongko Puspoyo who helped Widjanarko Puspoyo receive gifts from Bulog partners caused Widjokongko Puspoyo to be punished for violating Article 11 Law No. 20 of 2001 concerning changes to Law no. 31 of 1999 concerning the Eradication of Corruption in conjunction with Article 15 of Law no. 31 of 1999 concerning the Eradication of Corruption in conjunction with Article 56 1 of the Criminal Code. Assistance in Corruption Crimes is regulated in Article 15 of Law No. 31 of 1999, in this article it states that the act of assisting corruption will be punished the same as the perpetrators of corruption in accordance with the provisions in Law No. 31 of 1999 as has been amended by Law No. 20 of 2001 concerning the Eradication of Corruption Crimes. In Article 15 Criminal Responsibility for Assistance Crimes in corruption cases is seen from the extent to which the act of assisting the Corruption Crime was carried out. In determining the amount of punishment for the assistant to the criminal act of corruption, it can be seen from the articles violated by the assistant to the criminal act of corruption      

Maya Dyah Palupi; Rina Arum Prastyanti

International Journal of Sociology and Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The case of sexual violence against children from the perspective of international law highlights the importance of protecting children from all forms of sexual exploitation and sexual abuse. The purpose of this paper is to understand the forms of international law rules regarding cases of sexual violence against children and how international law prosecutes the perpetrators. The discussion of cases of sexual violence against children shows that these cases have serious and widespread impacts, with nearly 1.7 billion children worldwide experiencing violence. To address this issue, it is necessary to strengthen the legal framework that considers all behaviors related to Child Sexual Abuse and Male Sexual Abuse (CSAM) as criminal acts. Increasing resources in law enforcement, cooperation with the private sector, education, and relevant research are also important to increase our awareness of sexual violence. The conclusion that can be drawn is that children are indeed a new generation that will continue the continuity of nations and states, so it is only fair for us and law enforcement to ensure that all human rights of children are fulfilled.

Fitri Setyo Rini; Rina Arum Prastyanti

International Journal of Sociology and Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Trafficking is currently a serious and urgent global problem. Indonesia itself is also a barn of human trafficking victims, especially related to the labor migration of Indonesian Migrant Workers (PMI) sent abroad. Many migrant workers are victims of exploitation and human rights violations due to human trafficking. Therefore, it is important to strengthen the protection of PMI rights through national and international legal frameworks. This research aims to analyze the legal framework for the protection of migrant workers as victims of human trafficking abroad. The method used is normative legal research by examining relevant national and international laws and regulations. The results show that Indonesia has a strong commitment through the ratification of various international legal instruments to protect migrant workers. However, law enforcement still faces various obstacles and there is a need for stronger cross-border cooperation. Therefore, a more comprehensive policy is needed to improve the protection of migrant workers.

Muhammad Syafiq Prasetyo Nugroho; Anjar Sri Ciptorukmi Nugraheni

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

This study examines the position of notes used in transactions at Shoes and Care along with the forms of breach of contract that often occur in Shoes and Care based on a review of the law of the agreement. The research also analyzes appropriate dispute resolution alternatives to be applied with a review of Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. This type of research is a field study to obtain primary data along with a literature study to obtain secondary data analyzed with interactive analysis techniques. The result of this research is the position of the memorandum in the agreement made by the consumer with Shoes and Care as a draft agreement containing several clauses agreed between the consumer and Shoes and Care orally. Often the engagement/achievements in the agreement are not fulfilled which is referred to as a state of breach of contract. The forms of breach of contract that occur can be in the form of achievements that are not carried out, achievements are not carried out in accordance with the agreed time, and achievements are not carried out properly. Breach of contract that occur can then be resolved through negotiation as an alternative to effective and efficient dispute resolution.

Suci Nabila Mustapa; Fence M. Wantu; Julisa Aprilia Kaluku

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

The criminal disparity is inconsistent of different decisions toward crime with similar characteristics where its danger is comporable without obvious justification. Narcotics are substances or drugs from plants or others, wheter synthetic or semi synthetic, that can fatally affect the consciousness and lead to an addiction. This study aimed to analyze the factors influencing the disparity in judges decisions and the solutions or judges consideration in sentencing toward drug abuse cases. This normative research used a case approach referencing primary, secondary, and tertiary legal materials. Data collection techniques were carried out using literature studies. Based on the analysis, two factors influenced the judges decision legal and social. Besides, the verdict made by the judge has not fulfilled the sense of justice due to the irrelevancy.

Mitranda Seragih; Yasmirah Mandasari Saragih

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

The circulation and misuse of prohibited narcotics in society must be prevented and addressed. These prevention efforts must be strictly implemented in accordance with Law Number 35 of 2009 concerning Narcotics so that the problem of prohibited narcotics does not continue to grow in society as an epidemic that is bad for the development of the country. A number of cases of distribution of prohibited narcotics in prisons continue to be uncovered. Both in correctional institutions in big cities and in other small cities. The method is the same, carried out via cellphone and internet communication. In fact, it is absolutely impossible for a prison inmate to be able to freely use a cellphone and internet connection in a correctional institution. Because communication tools are prohibited items for a prison inmate. Correctional officers also admitted that they often carry out inspections of detention rooms, searching the prison inmates' possessions. The nature of the research used by the author in this law journal is analytical descriptive because this research describes in detail the social phenomena that are the subject of the problem. A descriptive study is intended to provide as precise data as possible about people, conditions or other symptoms. The type of research used in this writing is empirical juridical research, namely research into problems by looking at and paying attention to applicable legal norms connected to existing facts from the problems encountered in the research. Library Research (Library Research). The factors causing the increasing level of narcotics abuse consist of internal and external factors. The internal factors are religious factors and family factors, while external factors consist of economic and educational factors as well as social factors / environmental influences. The Langkat Class II Youth Correctional Institution has carried out both preventive and repressive measures against perpetrators of crimes involving prohibited narcotics, including providing counseling, coaching and arresting both the public and perpetrators of narcotics crimes. The application of legal sanctions against perpetrators continues to refer to the provisions regulated in Law Number 35 of 2009. In general, perpetrators of crimes involving prohibited narcotics in class II youth correctional institutions are users/using prohibited narcotics for their own consumption (addicts) so that sanctions are alleged to be violations of the provisions for users/consumers of prohibited narcotics.      

Irmanto Brampu; Henry Aspan; H. Dahlan

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

The Indonesian business community is currently developing very rapidly, and the number of business transactions in Indonesia has also increased. This situation shows that the Indonesian economy is very favorable for people who want to do business in Indonesia, not only Indonesian entrepreneurs but also foreign entrepreneurs. A legal principle applies to the agreement, namely the principle of freedom of contract, which declares a person's freedom to enter into a contract in a conditional form. As long as the parties agree and does not violate etiquette and law, the agreement will be valid. . The research method used is the normative legal approach, which is the analysis and understanding of law within the framework of this study as a set of positive rules or norms in a legal system that governs human life. This was done by studying books, laws, regulations and other documents relevant to this study. In addition, the collection of legal materials also includes legal material analysis methods and legal analysis methods that adjust should be, as long as this is the method of measuring and analyzing the issues in this study. The application of the principle of freedom of commercial contract requires the parties to maintain a balanced position when formulating agreements regulating commercial legal relationships. If a balance is not achieved, economic actors will limit and avoid liability by including release clauses. It is therefore necessary for the government to intervene to limit the application of the principle of freedom of contract through standard contracts by establishing rules prohibiting the inclusion of exemption clauses and monitoring the use of standard clauses in the economy by economic operators.