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Winda W. Ndolu; Saryono Yohanes; Jenny Ermalinda

Mahkamah : Jurnal Riset Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to find out and analyze the protection of human rights in cases of gender discrimination. This research is a normative legal research using a statue approach, conceptual approach, historical approach and case approach. This research is a research using primary, secondary and tertiary legal materials obtained using literature study techniques. The results of the study show that (1) the form of handling gender discrimination in Indonesia can be carried out by state institutions related to gender discrimination such as the Ministry of Women's Empowerment and Child Protection and the National Commission on Anti-Violence against Women. (2) There are several factors driving gender discrimination in Indonesia, including economic factors, cultural and social factors, legal factors and educational factors.

Melia Hendra; Mayarni Mayarni

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Lack of supervision carried out by the Padang Panjang City SME Cooperative Trade Service has resulted in several distribution problems such as the scarcity of 3 kg LPG gas, the selling price of 3 kg LPG gas exceeding the HET and the existence of bases that sell 3 kg LPG gas outside the Padang City area. Long. This research aims to find out what causes the scarcity of 3 kg LPG gas in Padang Panjang City, to analyze how supervision has been carried out by the SME Cooperative Trade Service and what are the inhibiting factors in the implementation of supervision using the supervision theory according to Maskan This research uses descriptive qualitative research with data collection methods used, namely interviews, observation and documentation. The results of this research indicate that the supervision of the distribution of 3 kg LPG gas carried out by the SME Cooperative Trade Service has not been carried out well and the factors causing the scarcity of 3 kg LPG gas in Padang Panjang City are the lack of 3 kg LPG gas quota, and the presence of unscrupulous bases who sell the gas out. Padang Panjang City area. The main inhibiting factor in this supervision is the lack of human resources in the Padang Panjang City SME Cooperative Service.

Fauzi Ar Rozi

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Fatwa DSN-MUI No. 4 of 2000 is a crucial guideline in Islamic banking practices in Indonesia, regulating the fundamental principles and operations of Islamic financial institutions. This study aims to analyze the implementation of the fatwa within the context of Islamic banking in Indonesia, focusing on the challenges encountered and potential solutions. The research methodology involves a qualitative approach with document analysis and interviews with Islamic banking practitioners. Findings reveal that while the fatwa provides clear guidelines, its implementation still faces several challenges, such as differing interpretations of Sharia principles and limited human resources. Proposed solutions include enhanced training for Islamic banking staff and the development of more effective supervision systems to ensure compliance with Sharia principles.

Zainudin Hasan; Ganesya Ganesya

Mahkamah : Jurnal Riset Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Children's integrity is an important aspect that must be built from an early age to prevent corrupt behavior in the future. Family and school are the main factors that have a very important role in building a child's integrity. The family as the first unit has the responsibility to set an example of good character by instilling the values ​​of honesty, responsibility and discipline through open communication. On the other hand, schools act as a formal environment that not only teaches the academic curriculum, but also provides character education and equips children with an understanding of ethics and morality. This research uses a qualitative approach by interviewing parents and teachers and analyzing various literary sources such as books, journals, and so on. The research results show that this collaboration not only increases awareness of the importance of integrity, but also reduces the potential for corrupt behavior.

Angelica Valentina

Mahkamah : Jurnal Riset Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Corruption is a major issue hindering the development of society and the economy in Indonesia. This study discusses the key steps in preventing corruption by emphasizing the importance of building integrity and transparency within the community. Through interviews with various individuals, insights were gained regarding public perceptions of corruption and the measures that can be taken to mitigate it. The findings indicate that education, the instillation of honesty values, and active community participation are crucial in creating an environment free from corruption. This research aims to contribute to the efforts in combating corruption in Indonesia.

Azzahra Natazia Ristina Goce

Mahkamah : Jurnal Riset Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze cryptocurrency investment models in relation to the prevention of money laundering (Anti-Money Laundering/AML) activities. Cryptocurrency, as a growing form of digital investment, has garnered attention from regulators due to its potential money laundering risks. This paper explores preventive strategies that can be implemented within cryptocurrency investment systems, including the use of blockchain technology, KYC (Know Your Customer) procedures, and international regulations such as the Financial Action Task Force (FATF) guidelines. Through a qualitative method based on literature review and policy analysis, the study identifies investment models that can minimize money laundering risks while maintaining profitability for investors. These findings provide insights into the challenges and solutions in developing a safer cryptocurrency investment system that complies with AML regulations.

Jaury Douglas Pardomuan; Irwan Triadi

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Healthcare services for vulnerable age groups are often neglected due to pragmatic considerations. However, in national development, distributive justice and inclusivity must be promoted to help create a society that supports each other and is capable of achieving shared prosperity. This research focuses on a critical analysis of the efforts to fulfill the right to healthcare services for vulnerable age groups, employing a normative-juridical research model with measurement tools based on the principles of justice, legal certainty, and utility. The findings indicate that there is still a lack of detailed and inclusive provisions for vulnerable age groups, which do not yet meet the principles of justice, legal certainty, and utility.

Felix Eka Firtin Smit Kandun Mas; Sagung Putri M. E. Purwati

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Writing journal about "death penalty from a criminal and human rights perspectiveis " is to find and describe how the application of death penalty to date, in which there are several countries that apply it to as a payment and even the punishment must be accepted by someone who has violated the provisions of regulations in a country. There are Countries Applied death penalty include China, Saudi Arabia, Iran, the Indonesia and United States. In all countries there are various types of capital punishment, but the most commonly used are shooting and death row Implementation of death penalty in the Criminal Code is only regulated by Article 11 with the compiler R. Soesilo As the formula: the execution of death penalty is imposed by a judicial institution within the military court or general court, with a procedure of being shot to death in accordance with the provisions of Law No. 2 (PNPS) of 1964 However, death penalty contradicts of notion by human rights as described in article 3 of the DUHAM which states that the most extreme form of violation of the right to life is killing or injuring a person or group of people physically or mentally.

Albertus Agung Hagai Beni Parhualar Sidauruk; Fristia Berdian Tamza; Firganefi Firganefi

Mahkamah : Jurnal Riset Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Crime is one of the forms of actions that violate social norms in society. One of the criminal offenses frequently occurring in communities is murder. The focus of this study is to explore the factors that trigger premeditated murder by individuals closely related to the victim and to analyze the efforts made by the police in handling such cases. This research employs an empirical approach, also known as a sociological legal study or field analysis. The respondents in this study include the police officials from Polresta Bandar Lampung, criminal investigators from Polresta Bandar Lampung, and criminal law lecturers from the Faculty of Law at Universitas Lampung. Data were collected through literature reviews and field observations, and analyzed qualitatively. The findings indicate several factors contributing to premeditated murder by close associates, including inadequate economic conditions, low education levels, revenge, and drug use. The police address premeditated murder through both penal and non-penal efforts. Penal efforts involve direct handling of cases by conducting investigations, inquiries, and arrests. Meanwhile, non-penal efforts focus on preventive measures aimed at preventing crimes before they occur. The primary focus of non-penal measures is managing the conditions that trigger criminal acts.

Safitri Saraswati; Noor Saptanti; Jadmiko Anom Husodo

Proceeding of the International Conference on Law and Human Rights 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Human rights are inherent in every human being who has the same rights, including unilateral termination of an agreement, then these human rights are disturbed and not protected. The research method uses normative legal research, namely the doctrinal method, namely inventorying positive law, finding legal principles and doctrines, synchronizing existing laws and regulations and conducting research by reviewing and examining various existing literature. With the Legislative Approach, Historical Approach, Comparative Approach, and Conceptual Approach. The results of the study indicate that unilateral termination of an agreement has the potential to be categorized as an unlawful act if the unilateral termination of the agreement is carried out without a valid reason, violates the principles of propriety and law, and causes losses to other parties. In addition, unilateral termination of an agreement if carried out without a valid reason violates human rights related to the right to legal certainty and human freedom without discrimination.

Suramin Suramin; Yasmirah Mandasari Saragih; Ismaidar Ismaidar

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

Village funds disbursed by the government sourced from the APBN are still considered as assets that continue to be targeted by certain Village Heads with low morals. The high political costs to get the number one seat in the village cause people to do anything to get it. Because the village funds disbursed are quite tempting. In just one year in mathematical calculations, the capital spent during the process of getting the position of village head can be returned. Therefore, the suboptimal performance of the village head is due to many stumbling blocks of interest. The village head is no longer focused on the promised programs. The village head only focuses on efforts to return the campaign funds spent so far. The high number of corruption cases that hit the village head if it does not become the government's attention, the disbursement of village funds which were originally intended to make the village strong, advanced and independent will be in vain. That is why the role of the Village Consultative Body is needed here, an independent institution whose status is outside the village government. The function of the BPD which is expressly stated in the village law has not been implemented optimally, this results in village fund leaks always occurring every year in almost all regions of Indonesia. This study uses a normative legal research type, namely research that focuses on research on related laws and regulations. The results of this study indicate that Village Fund Supervision in Improving the Performance of the Village Consultative Body has not been guided and based on the principles of Law No. 6 of 2014 concerning Villages. The BPD has not fully carried out its functions. And the obstacles experienced are mainly in the HR aspect besides the absence of regulations that explicitly explain how the technical supervision of the allocation of village funds.

Redha Rizky

Mahkamah : Jurnal Riset Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Peace agreements play an important role in civil dispute resolution in Indonesia. As a faster, cheaper, and more conciliatory alternative to litigation, amicable agreements are recognized by law through the Civil Code (KUHPerdata) and several other regulations. This research aims to examine the position of peace agreements in the Indonesian civil law system, as well as their legal implications in the context of litigation and alternative dispute resolution. The research method used is normative legal research with secondary data analysis. The results show that a peace agreement has the same legal force as a court decision and can be legally executed. However, peace agreements have limitations in some cases concerning the legal status of a person or the public interest. This research is expected to provide further understanding of the importance of amicable agreements as an effective solution in resolving civil disputes.

Teza Salih Mauludin; Lies Sulistiani; Ajie Ramdan

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This legal research aims to examine the provisions of criteria/circumstances that are casuistic in the termination of prosecution based on restorative justice. Prosecutor's Regulation Number 15 of 2020 concerning the Termination of Prosecution Based on Restorative Justice mentions the provisions of a quo in Article 5 Paragraph (2) and Article 5 Paragraph (5). The a quo provision in the regulation does not have clear indicators so it is prone to multiple interpretations. The research method used is normative juridical by examining literature materials or secondary data. There are two approaches, namely the legislative approach and the case approach. Data collection techniques are also used interview techniques in the form of questions and answers with the Public Prosecutor of the District Attorney's Office to obtain information that supports this research. The results of the study show that there are no clear indicators of criteria/circumstances of a casuistic nature in the termination of prosecution based on restorative justice has implications for the results of the public prosecutor's decision to consider the application for Restorative Justice. The absence of explanation of the provision was returned to the consideration of the public prosecutor with discretionary authority.  

Allison Dara Dharmawan; Nadira Karisma Ramadanti

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The enactment of the 2023 Criminal Code shows a change in the direction of punishment in Indonesia. The 2023 Criminal Code emphasises the purpose of punishment on prevention, correction, and restoration of balance, in contrast to the old Criminal Code which was more oriented towards providing deterrent effects. This is proven by the emergence of alternative punishment in the form of supervision punishment and social work punishment. The purpose of this study is to examine whether this alternative punishment is appropriate when viewed from the purpose of punishment and how the implementation of alternative punishment in other countries. This alternative punishment not only provides a more humane and restorative punishment option, but is also expected to overcome the problem of overcapacity of Correctional Institutions (Lapas). In addition, this research discusses the implementation of alternative punishment in other countries, such as the Netherlands and Portugal, which have proven effective in reducing the prison population and recidivism rate. By using normative juridical research method, the author makes the Criminal Code 2023 as the main legal basis to be analysed.

Yoga Permana; Rahma Shinta Azzahra; Nadia Najla Maharani Budiman

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

One of the roles of the Bank Perekonomian Rakyat (BPR) is to provide credit to improve the economic welfare of the lower middle class through micro and small business services. However, the provision of BPR credit is prone to misappropriation, one of which is used as an election campaign fund. This research is a legal research in analyzing the problem using literature study which is analyzed qualitatively. The results obtained from this research are that the misuse of BPR credit used as campaign funding can be suspected of being a criminal act of corruption and money laundering because it is obtained from state finances and there are indications of disguising and hiding money. The source of state finances provided to BPRs can be viewed in terms of state capital participation in the form of securities and the provision of facilities provided by the government. In anticipating campaign funds originating from criminal acts, the Badan Pengawas Pemilu must cooperate with other parties such as the Public Accounting Office to conduct campaign fund audits and related law enforcement officials such as the Pusat Penelusuran dan Analisis Transaksi Keuangan and the Corruption Eradication Commission to prevent and prosecute the use of money from corruption crimes for campaign funding.

M. Kholidul Azhar; Ansori Ansori; Nivarica Aurel Nur Syahputri

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Bid rigging, an illegal practice that undermines the principles of fair business competition, is widespread in government procurement of goods and services. The actions of business actors who deliberately control tender winners not only harm the state, but also deprive consumers of their right to obtain quality products and services at competitive prices. This research in-depth analyzes the practice of bid rigging in the perspective of Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition, especially Article 22. Using a statutory approach, this research reveals the impact, forms and legal sanctions on the practice. bid rigging in the procurement of government goods and services. It is hoped that the results of this research can provide effective policy recommendations to prevent and take firm action against the practice of bid rigging, so as to create a healthy and fair business competition climate.

Aditya Joshua Panggalaha; Rudepel Petrus Leo; Darius A Kian

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The purpose of this study is to analyze the implementation and obstacles in granting remission to prisoners in Class II A Kupang Correctional Institution. This research is empirical juridical research, which is a type of sociological legal research that examines the applicable legal provisions and has occurred in community life with the type of data used is primary data obtained through interviews and documentation, and secondary data that provides information and is complementary to the primary. The data is analyzed descriptively-qualitatively. The research was conducted at Class II A Kupang Correctional Institution. Based on the results of the study, it can be concluded that the implementation of the granting of remission at the Class II A Kupang Correctional Institution is that Remission is a reduction in the period of serving a sentence given to prisoners and children in conflict with the law (children) who meet the requirements in the legislation. The obstacles faced by Kupang Class II A Correctional Institution in the implementation of remission are administrative factors, institutional factors, facilities and infrastructure factors.

Nurul Inayah Muchlisa Syarifudin; Nirwan Junus; Mohamad Taufiq Zulfikar Sarson

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Ministerial Regulation Number 4 of 2017 concerning the Principle of Recognizing Service Users for Notaries was created to reduce even members of the crime of money laundering in Indonesia. This Ministerial Regulation is applied in the position of Notary in order to implement Government Regulation Number 61 of 2021 concerning the reporting party in the Prevention and Eradication of Money Laundering Crimes The increasing number of Money Laundering Crimes involving notary services in an effort to link the origin of assets derived from predicate crimes is the cause of the implementation of the Principle of Recognizing Service Users The type of research in this thesis uses normative legal research with a descriptive writing type The problem approach uses a qualitative approach. Data and Data sources use secondary data consisting of primary, secondary, tertiary legal materials. Data collection methods with literature studies, documentary studies and interviews with several parties, including the Ministry of Law and Human Rights and the Notary itself.

Kristian Kristian; Ali, Nuraliah

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

This study aims to examine the resolution mechanisms for water traffic accidents causing death through Dayak customary law in Central Kalimantan, as well as the challenges faced in implementing this customary law. The research used a socio-legal methodology, reviewing applicable legal norms and the reality of their implementation in society. Data were collected from literature reviews, case notes, related reports, and interviews with directly involved parties. Data analysis was conducted descriptively to depict the dispute resolution process and its challenges. The findings indicate that resolutions of water accident cases resulting in death in the Dayak region are often settled through local customary institutions using fines and customary rituals. The fines imposed vary depending on the level of fault determined and can amount to millions of Rupiah, adjusted according to the demands of the victim's heirs and the perpetrator's ability. However, challenges in applying this customary law include the limited ability of the Mantir Adat to determine suspects and resolve discrepancies in statements between involved parties. A lack of explicit regulations also poses challenges, particularly concerning penalties for cases of death not explicitly regulated in the prevailing customary law. This research is significant as it provides insights into the role and challenges of customary law in dispute resolution in remote communities, promoting the need for adaptation and strengthening of customary law to be more responsive to community needs.  

Najwa Ashwarina; Harlan Hidayah; Farhan Azka; Ahmad Maulid

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

PTUN was officially regulated through Law Number 5 of 1986. This law establishes the PTUN as a judicial institution that has the authority to resolve administrative disputes between citizens and the government. With the establishment of the PTUN, the public now has a legal forum to sue decisions that are considered detrimental, which is expected to increase public trust in the government and provide protection for individual rights. Over time, the PTUN has undergone various reforms to improve the quality and efficiency of services. Law Number 9 of 2004 is one of the important steps in strengthening the role of the PTUN, with the aim of accelerating the dispute resolution process. This reform aims to create a system that is more responsive to the needs of the community and ensures that every citizen can access justice more easily