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Rayhan Afief Arfarizky; David Hizkia Situmorang; Sumriyah Sumriyah

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Pusat Riset dan Inovasi Nasional

Counterfeiting of securities is a serious illegal act with the potential for significant legal consequences.  The author provides an in-depth review of the criminal law aspects associated with counterfeiting securities.  The aim of this research was to analyze and understand the legal framework governing counterfeiting of securities, including the criminal considerations and sanctions applied.  This study also explains the concept of counterfeiting securities and how this action violates applicable law.  In addition, this study also discusses the elements that must be present in an act of counterfeiting securities such as intentionality and the intention to make a profit.  Furthermore, this study also analyzes the penalties and sanctions that can be applied to perpetrators of counterfeiting securities.  In conclusion, this study emphasizes the importance of effective law enforcement in dealing with counterfeit securities.  Perpetrators of counterfeiting securities must be held responsible for the actions that have been taken and be faced with sanctions in accordance with applicable criminal law.

Sefia Esa Puspita A.; Vinda Olivia H.; Virna Muhdelifa D.

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Pusat Riset dan Inovasi Nasional

Violence or sexual harassment is a problem that is quite serious and often occurs socially. In this case, it usually occurs in a problem that is complex. The rise of news on social media related to sexual violence experienced by some people is enough to shock the public. Most cases of sexual violence are experienced by a woman who is the victim. Cases of violence or sexual harassment against women are still an iceberg phenomenon. This is because many women who are victims of sexual harassment are reluctant to report what they have experienced. Violence or sexual harassment that occurs to women is often blamed on the way they dress. In fact, if you look at clothes, it is not one of the main causes of women becoming victims of sexual harassment. Violence or sexual harassment that occurs never looks at any clothes, in fact often the victim of sexual harassment is a woman who wears closed clothes. In addition, violence or sexual harassment can also be caused by a patriarchal culture that dominates and seems to justify the action. Where in patriarchal culture itself men are often considered more dominant and have a higher position than women. Therefore, men feel they have more power over women and can act as they please. Until now, patriarchal culture is still developing in society. Even though this shouldn't have been done. Therefore, there is a need for radical feminism with the aim of making changes in society and obtaining equality between men and women, especially in obtaining equal rights in society from a social and economic point of view.

Muhamad Khamal Akbar Rahmadan; I Made Sarjana

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Pusat Riset dan Inovasi Nasional

The research was conducted for the sole purpose of knowing the legality of establishing a foundation as a legal entity operating in the social, religious, and humanitarian fields, in this case the foundation was founded by foreigners. This research uses a method with normative research in addition to legislation is used as an approach, in addition to facts and conceptual analysis used as an approach in this research method. The results of the study indicate that the legali ty of the establishment of a foundation by foreigners in Indonesia has now been determined in Law Number 28 of 2004 concerning Amendments to Law Number 16 of 2001 concerning Foundations where foreigners in this context have more opportunities to set up a foundation. Regulations on foreign foundations are related to their establishment which are further emphasized in Government Regulation Number 63 of 2008 concerning the Implementation of the Law on Foundations as an implementing regulation that provides legal certainty to foreigners in establishing a foundation. as well as the nation, and the State of Indonesia.

Ika Cahyo Purnomo; Anggraeni Endah Kusumaningrum

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

COVID-19 containment apps have raised a new hope in dealing with COVID-19 in various countries.  Automatic contact tracing capabilities combined with various other transmission prevention functions have yielded favorable outcomes in controlling outbreaks.  Although its nature seems promising, the use of this type of application also saves the potential for human rights violations.  The risk is related to the increasingly widespread functionality of the application, the restrictions of personal freedom, the potential breach of privacy, and the possibility of marginalizing people who cannot access the application.  This paper describes how this application works in general, how it can affect respect for human rights, and then analyzes incidents that have the potential to violate human rights related to the use of the application to further provide some potential solutions on how the application can still be utilized with a minimum threat to  individual rights.

Anita Atma Negara

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

Sanctions are an important closing part in administrative law. In a sociological context, sanctions are a form of law enforcement effort. Law enforcement is a process to make legal wishes come true. The sanctions themselves can be in the form of criminal sanctions, civil sanctions, and also administrative sanctions. The purpose of this study is to find out the prosecution of people who do not use masks according to governor regulations and to find out the criminal status of people who are subject to administrative fines including criminal acts according to the article regarding the application of discipline to health protocols in the new era of life. This research method uses normative legal research methods. The results of the study show that the application of sanctions for violations of health protocols during the Covid-19 pandemic in Indonesia is regulated in various Mayoral or Governor Regulations of each region by imposing written warning sanctions, administrative sanctions, social sanctions and criminal sanctions on violators.

Andi Ashar

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

The National Health Insurance Program is the Government's effort to provide guarantees so that health services are provided to Participants in the National Health Insurance Program. In its implementation, there is a risk in the form of fraud committed by unscrupulous persons. The consequence of fraud is the imposition of sanctions which are an important part of every law and regulation. One of the imposition of sanctions for perpetrators of fraud is administrative sanctions. Administrative sanctions that arise do not erase criminal sanctions in accordance with the provisions of the legislation. Administrative sanctions are considered to be far more effective in forcing people to comply with legal provisions governing business and industry and environmental protection than criminal sanctions. With the imposition of these sanctions it is expected to maintain the sustainability of the National Health Insurance Program

Anisa Kurniasari

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

This study discusses the rights and obligations of patients and families in the services that have been provided.  The results showed that the granting process was in accordance with the Constitution no.  36 of 2014 concerning Health Workers and the Regulation of the Minister of Health of the Republic of Indonesia Number 4 of 2018 concerning Hospital Obligations and Patient Obligations and other related regulations.  There are several things that need to be improved, such as maximizing providing services to patients who have obligations that must be fulfilled, in order to achieve healing and as a balance of the rights they get, in essence the balance of rights and obligations is an achievement of a fairness of action, in terms of  relationship between two parties (medical personnel and patients).

Moh Irsyad Hanif

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

The patient's lack of understanding regarding informed consent in doctors' medical actions is motivated by several factors. Informed consent is a process as well as the result of an effective communication between the patient and the doctor/dentist and not just the signing of the consent form. The relationship between doctors, hospitals and patients or what is known as the therapeutic transaction is generally the origin of conflict. Conflict can occur when the parties do not carry out their roles as expected by the other party. This requires learning or educating patients regarding informed consent through the information media platform provided at the hospital. This journal discusses the reasons why many patients do not understand the contents of informed consent.

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.

Resaka Yudha

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

The pandemic has an impact on almost all sectors of life. The emerging of the covid virus made everyone have to adapt to the new world rules. The health protocol is one way to control the COVID-19 disease. In other ways such as vaccination. In case no need a lot of cost, health protocols are also effective in reducing the number of cases of COVID-19. The implementation of the health protocol in its implementation is accompanied by sanctions to make the community more obedient. However, the unclear rules, and the frequent changes in these rules make many people who violate health protocols and get sanctions for it. Not to mention the uneven socialization from the government that makes people less disciplined towards health protocols.

Fitri Kartika; Anggraeni Endah Kusumaningrum

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

Crimes that often occur in cyberspace are crimes that are relatively new, cybercrime is growing rapidly along with the development of internet technology that is happening today. The spread of hoaxes during the Covid 19 pandemic has become a big problem because many people believe hoaxes, causing the handling of Covid 19 to be very slow and causing many victims. The Covid 19 pandemic has forced all people in the world, including Indonesia, to be comfortable living side by side with Covid 19. This research uses a normative legal research method using a statutory approach. The main source of this research is regulations. The results of this study indicate several crimes that can be used as protection by consumers who experience losses due to fake news amid the Covid 19 pandemic, namely Article 14 paragraph (1), paragraph (2), Article 15 Article 14 paragraph (1) and Article 45A paragraph (1). ) and (2), and article 28 of Law Number 11 of 2008 concerning Information and Electronic Transactions.

Chusni Mubarakh; Anggraeni Endah Kusumaningrum

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

Bioterrorism is an intentional act of terror by making pathogenic germs or toxins with the aim of killing or causing harm to individuals or populations (humans, animals and plants) which results in political, economic, social and cultural conditions. Law Number 4 of 1984 concerning Outbreaks of Infectious Diseases, until the arrival of the Covid 19 pandemic and the emergence of a lawsuit against the Law to the Constitutional Court. Not in accordance with the development of the Law on Infectious Disease Outbreaks that is no longer relevant to various current conditions. Revision of the Law on Combating Outbreaks of Infectious Diseases is an unavoidable necessity at this time. Revision of the Plague Law should be the task and responsibility of the DPR. The Central Government through the Task Force for the Acceleration of Handling COVID-19 has made four strategies that will be consistently implemented to strengthen the physical distancing policy as a basic strategy to overcome the Corona COVID-19 Virus pandemic.

Noviyana Hadiyati; Zainudin Hasan; Fayza Rizki Vianisya; Febby Cantika Firdaus

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Pusat Riset dan Inovasi Nasional

Narcotics misuse and distribution have become so pervasive that everyone is now a victim. This study aims to "identify, clarify, and analyze the enforcement of laws against juvenile offenders of drug abuse in the Bandar Lampung area. It also examines the factors that contribute to juvenile offenders of drug abuse." With the normative juridical approach research was the methodology adopted for this analysis. Deductive reasoning techniques are employed in conjunction with normative legal research as the approach method for this article. The study's findings indicate that legal substances, legal institutions, legal environments, and legal cultures all have an impact on children's decisions to abuse drugs. The child's internal factors are the most significant ones. It has been successful to utilize law enforcement to stop those who abuse drugs on minors. It is the responsibility of parents to properly educate their children so that they are not susceptible to peer pressure to break the law.    

Ratna Wulandari; Ulil Farrohah; Sumriyah Sumriyah

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Pusat Riset dan Inovasi Nasional

Deficit funding for the State Revenue and Expenditure Budget (APBN) is an important challenge for the government in maintaining fiscal stability and supporting development policies. In order to find an effective funding alternative, the issuance of state bonds has become an option. This study aims to analyze the position of issuing state bonds as an alternative to funding the state budget deficit. This study uses a descriptive-analytical approach by collecting data from various related sources. The analysis was carried out through a literature review, data from the Indonesian Ministry of Finance, and regulations regarding the issuance of Government Bonds. The results of the study show that the issuance of state bonds has several benefits as an alternative to financing the state budget deficit, namely diversifying government funding sources, reducing dependence on tax revenues and other income, providing flexibility in the schedule of interest and principal payments, in accordance with the government's financial capacity, attracting investor participation. institutional and retail, increasing financial market liquidity. APBN Deficit Funding is dominated by State Bonds, which of course the issuance of state bonds as an instrument for funding the APBN deficit makes fiscal space narrow. When the space for fiscal movement becomes limited, it means that the government faces limitations in collecting revenue or in managing government spending.    

Mohamad Pano; Burhan Niode; Franky R. D. Rengkung

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Pusat Riset dan Inovasi Nasional

Illegal fishing still occurs in Indonesian waters, although various efforts have been made to deal with it. This illegal activity is not only a problem for Indonesia, but also a cross-country problem because the actors and activities are cross-country, and because of that, the handling of this problem must be carried out cross-country, especially through bilateral cooperation. This study aims to determine the Indonesian Government's Efforts to Handle Illegal Fishing on the Border of Indonesia and the Philippines. The lack of a defense and security system in Indonesian waters has led to the emergence of threats such as illegal exploitation and exploration of fishery products that are not reported and are not in accordance with predetermined rules carried out by foreign parties. This act of fishing activity is commonly referred to as Illegal. This research uses a descriptive-analytic research method.With data collection techniques through interviews, observation and documentation. The results of the research show that cooperation between Indonesia and the Philippines can run well if the Philippines itself is quick in responding to ideas and agreements that have been mutually agreed upon, the slow response from the Philippines itself makes the second agreement slow to process, therefore the strategy that can be carried out by Indonesia in encouraging a quick response from the Philippines itself is by discussing every collaboration that is ongoing or has expired intensively and continuously. Bilateral talks can accelerate cooperation between the two countries in a better and more advanced direction.    

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  

Santy Febryaningsih

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

   Health workers are noble jobs and professions that are at the forefront in dealing with health problems, especially in the midst of the COVID-19 pandemic crisis. Health workers have to sacrifice their lives to protect the community from the spread of the covid-19 pandemic, health workers are also worried about the covid-19 pandemic, especially many health workers who are exposed to Covid-19 and the death of health workers, especially doctors and nurses. The implementation of safety and health for health workers aims to provide protection for health workers to be healthy, safe, productive, and avoid work accidents and occupational diseases. This research is focused on positive legal policies in Indonesia that regulate legal protection for the right to work safety for health workers who deal with the COVID-19 outbreak. The legal research used is normative legal research, the results of the study show that legal protection and fulfillment of the right to work safety for health workers who deal with the covid-19 pandemic outbreak are regulated in Indonesian laws.  

Nur Aini Rahmawati

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

This study examines government policies during the COVID-19 pandemic in terms of health law. Health law is one of the laws reviewed in the COVID-19 pandemic. In handling the COVID-19 pandemic, the Government has issued several legal products such as Government Regulations that also implement the PSBB and Physical Distancing policies, but these policies are not effective in breaking the chain of COVID-19 spread, as seen the number of COVID-19 cases in Indonesia on January 28, 2021, has reached through 1 million cases, the highest in Southeast Asia. This type of research is a normative juridical research that is descriptive in nature by providing solutions to the handling of COVID-19 in Indonesia. This study concludes that the legal politics taken by the government (PSBB and physical distancing) in handling COVID-19 have not maximally protected the right to health of the Indonesian people as mandated by the constitution Article 28H paragraph (1) and Article 34 paragraph (2) and (3) of the 1945 Constitution. The government should implement a partial lockdown policy as China's success in carrying out a partial lockdown in Wuhan. With a partial lockdown in Jakarta Province as the epicenter of the COVID-19 pandemic in Indonesia, the virus will not spread to other provinces.

Martvina Sapii; Sumiyati Beddu; Rafika Nur

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

This research focuses on implementation, benefits, and to find out the problems faced in the treatment of inmates with deviant sexual behavior. This study raises the issue of how legal protection is given to victims of inmates with deviant sexual behavior in Class IIA Gorontalo Correctional Institutions and what are the obstacles faced by correctional officers in providing legal protection to victims of inmates with deviant sexual behavior. This study used interview and observation research methods, which described the treatment of inmates with deviant sexual behavior, then analyzed and concluded using a qualitative approach. Based on the analysis, it was found that the treatment of inmates with deviant sexual behavior was considered very necessary. Inmates with deviant sexual behavior have characteristics that are unique and different from other inmates in general. In general, inmates with deviant sexual behavior scattered in prisons throughout Indonesia are men who look like women or who like the same sex. Inmates with deviant sexual behavior are very vulnerable to bad treatment by other inmates, and can also have a negative influence on other inmates. Special treatment for inmates with deviant sexual behavior is deemed necessary, starting from placement in individual blocks to special coaching. There are obstacles encountered in its implementation, including the procurement of individual blocks of inmates with deviant sexual behavior and the understanding of Correctional Officers about the problems and deviations that will be caused by the presence of inmates with deviant sexual behavior in correctional institutions.

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.