SciRepID - Scientific Publication Search

Publication Search

49,853 articles from 425 journals · 1,447 citations tracked

Showing 21-40 of 147

Analytics

Revo Handhika Juang; Eki Tri Baranti

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

This article discusses the legal status of WALHI Bali in filing a lawsuit at the Bali Governor's Court regarding Bali Governor's Decree No. 1.051/03-L/HK/2012. The method used in this research is normative legal method. The focus of this research is to examine PTUN decisions with case registration number: 01/G/2013/PTUN.Dps, as well as to analyze the existence of AAUPB violations in the issuance of the Bali Governor's Decree, as well as to ensure the proper implementation of AAUPB in the preparation and issuance of the Governor's Warrant according to observations Panel of Judges in Decision No: 01/G/2013/PTUN. dps

Yunizar Falevi; Muhammad Abyan Zain; Nadhif Gilang Bhaswara; Muhammad Rafli; Andika Syah Putra +1 more

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

. Jika berbicara mengenai hukuman mati dalam perspektif hak asasi manusia, terdapat beberapa pro dan kontra atas hukuman mati terhadap tindak pidana korupsi, karena banyak yang berasumsi bahwa hukuman mati melanggar hak asasi manusia. Sesuai dengan isi pasal 28A Undang-Undang Dasar 1945 yakni ‘’setiap orang berhak untuk hidup dan berhak mempertahankan hidup dan kehidupannya’’. Secara doktriner tidak ada yang salah dengan alibi itu. Akan tetapi untuk menjawab bahwa di dunia nyata ada pihak-pihak yang merampas nyawa orang lain dengan atau tanpa alasan yang hakiki, oleh karena itu disebutkan doktrin itu harus diperdalam maknanya. Penelitian ini bertujuan untuk mengetahui mengenai Efektivitas Hukuman Mati terhadap Tindak Pidana Korupsi di Indonesia serta Penghapusan Hukuman Mati terhadap Tindak Pidana Korupsi di Indonesia. Metode penelitian yang menjadi alas dasar dalam penelitian ini adalah penelitian hukum normatif dengan menggunakan pendekatan perundang-undangan dengan metode studi pustaka sebagai Metode pengumpulan data. Penelitian ini menemukan bahwa hukuman mati sudah tidak relevan lagi untuk diterapkan. Hal ini dipertegas karena hukuman mati melanggar Hak Asasi Manusia yang telah diatur dalam Pasal 28 A UUD 1945 dan Undang-Undang No 39 tahun 1999 tentang Hak Asasi Manusia yang menyatakan bahwa hak untuk hidup dan mempertahankan kehidupan, serta perlindungan dari penyiksaan merupakan hak asasi setiap manusia. Hukuman mati juga dianggap tidak sesuai dengan tujuan pemidanaan serta ditambah sebuah fakta bahwasannya tidak ada hubungan yang linear antara hukuman mati terhadap koruptor dengan rendahnya tingkat korupsi dan sudah seharusnya kita menghapus hukuman mati terhadap tindak pidana korupsi

Ranti Rafika Dewi; Pendi Hasibuan; Arsal Arsal; Edi Rosman

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

The author's reason for raising this issue into a scientific work in the form of a thesis is because there are differences of opinion among judges at the Padang Panjang Religious Court regarding the itsbat of marriage for underage marriages in determining number 4/Pdt.P/2022/PA.PP which is the woman's party. when he got married he was 16 years old. First, the marriage certificate must be rejected because it has violated the law on marriage registration and the minimum age for marriage is 19 years. Second, the itsbat of marriage can be accepted on the grounds that it is mashlahah murslahah. How does the mashlahah mursalah analysis of this determination be explored by the author in this study. The author gives limitations on the problem regarding the legal considerations of the Panel of Judges regarding Determination Number 4/Pdt.P/2022/PA.PP and the analysis of mashlahah mursalah in determining number 4/Pdt.P/2022/PA.PP regarding itsbat marriage for underage marriages. This research is an analytical descriptive research by conducting an analysis of the determination of judges in the case of itsbat marriage for underage marriages, the research uses a normative juridical research type. This is because this legal research aims to examine legal principles, using qualitative data, namely data presented in the form of verbal words, not in the form of numbers. Primary data sources were obtained from Decree Number 4/Pdt.P/2022/PA.PP, Law Number 1 of 1974 concerning marriage and the Compilation of Islamic Law. In collecting data, it is done by taking inventory of data, classifying data, and then analyzing it by conducting a study of cases related to the issues faced in the determination of number 4/Pdt.P/2022/PA.PP and the laws and regulations using maslahah mursalah to then draw conclusions from the results of the analysis. From the results of the research that the authors conducted, it was found that: First, the basis for the legal considerations of the Panel of Judges in granting the application for itsbat marriage for underage marriages contained in the stipulation Number 4/Pdt.P/2022/PA.PP is Article 8 Law Number 1 of 1974 concerning the prohibition of marriage between two people who are related by blood, are related to semenda and are related to breastfeeding. Article 14 KHI regarding the pillars of marriage, namely the existence of a prospective husband, prospective wife, marriage guardian, two witnesses and consent and qabul. And for the benefit of the parties and the child, this is also in accordance with the rules of fiqh which reads "rejecting adversity must take precedence over taking benefit". Second, the legal considerations of the panel of judges in determining Number 4/Pdt.P/2022/PA.PP found mashlahah mursalah because by granting the itsbat of marriage for underage marriages, the couple can register their marriage at the Office of Religious Affairs because marriage registration aims to realize The purpose of law is for society to create order, certainty and legal protection, so that the civil rights of husbands, wives and children can be fulfilled.

Wahyu Buana Putra; Teddy Prima Anggriawan; Aldira Mara Ditta Caesar Purwanto

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

Competition in the business world has various ways by each business actor. Judging from the application of the principles of business competition in Indonesia, there are several rules that contain matters in carrying out the business world. All provisions contained in the laws and regulations regulate the rights and obligations of every business actor in running his business. Given the content of Law No. 5/1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition describes several actions or practices that are prohibited in competing to develop the business of every business actor in Indonesia. One of the prohibitions in the world of business competition is the practice of predatory pricing or commonly referred to as the act of selling at a loss. This practice is an act of selling products from production at prices far below the proper average. This study will discuss one of the case studies related to selling at a loss that occurred in the cement industry in Indonesia, especially in the province of South Kalimantan. Cement Conch which is a product of PT. Conch Cement was the party that was reported on the grounds that there was an alleged monopoly action in the form of a loss-selling practice. Conch cement companies are reported under the provisions of the article in the business competition law. In accordance with the KPPU's decision issued, stated that conch cement was proven to have carried out this practice. Regarding monopoly practices carried out by conch cement companies, we will review the legal consequences and responsibilities based on the applicable laws and regulations.

Verda Raseindriyasari Bidjaksono; Teddy Prima Anggriawan; Aldira Mara Ditta Caesar Purwanto

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

  The negative impact of the Covid-19 pandemic has caused problems with the protection of consumer rights. This happens when their access to basic goods and services is poor as a result of unfair economic practices and causes unfair business competition. In Law No.8 of 1999 concerning Consumer Protection Article 4 which regulates consumer rights. During the Covid-19 pandemic, it has caused various impacts that go hand in hand with the era of disruption, causing consumers to be in a weak position. In dealing with the Covid-19 pandemic case, it is not only regulated by national legislation or legislation, but also by human rights law, especially those that have been officially recognized by the state. These activities have implications for the implementation of business competition supervision carried out by the Business Competition Supervisory Commission (KPPU).

Tazkiyatun Nisa; Slamet Riyadi

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

Tujuan dari penelitian ini untuk mengetahui pengaruh struktur modal, profitabilitas, dan tata kelola perusahaan terhadap kinerja keuangan  pada perusahaan keuangan sub sektor asuransi. Data yang digunakan dalam penelitian ini adalah data sekunder yang berupa laporan keuangan tahunan yang dapat diakses melalui website resmi www.idx.co.id. Populasi dalam penelitian ini yaitu sebanyak 17 perusahaan keuangan sub sektor asuransi yang terdaftar di Bursa Efek Indonesia periode 2017-2021. Teknik pengambilan sampel menggunakan purposive sampling dengan kriteria yang sudah ditetapkan sehingga menghasilkan 10 sampel perusahaan keuangan sub sektor asuransi. Penelitian ini menggunakan analisis data Structural Equation Modelling (SEM) dengan alat program dari aplikasi Partial Least Squares (PLS) versi 3.0. Hasil dari penelitian ini menunjukkan bahwa struktur modal tidak berpengaruh signifikan terhadap kinerja keuangan, profitabilitas berpengaruh signifikan terhadap kinerja keuangan, dan tata kelola perusahaan berpengaruh signifikan terhadap kinerja keuangan.  

Rizky Gunawan; Fitri Kurnianingsih; Ramadhani Setiawan

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

This research refers to the Decree of the Minister of Environment and Forestry of the Republic of Indonesia Number 19 of 2012 concerning the Implementation of the Climate Village Program as an alleviation of environmental problems and aligning the Tanjungpinang Mayor Regulation Number 84 of 2020 concerning the Tanjungpinang Smart City Master Plan (Tanjungpinang Master Plan Smart City). The theory in this study refers to Cohen's Theory namely Smart Buildings, Resource Management, and Sustainable Urban Planning. The conclusion of this study is that the Tanjung Unggat Village is capable of carrying out the Implementation of the Climate Village Program in accordance with the dimensions smart environment and designs that have been compiled through theory and the Tanjungpinang City Masterplan.

Farid Hardianysah

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

Developments in guarantee law always evolve over time. The law of guarantees is very closely related to the implementation of credit, lending and borrowing or as repayment of debts between creditors and debtors. In its legal aspect, control over objects that serve as collateral for a debt gives birth to material rights that provide privileges to creditors in the event that the debtor is unable to pay obligations while at the same time providing legal protection to creditors in carrying out their debts. Law Number 42 of 1992 concerning Fiduciary Guarantees provides a legal basis regarding the implementation of guarantees as guarantees for repayment of debts from debtors. The enactment of the law regarding fiduciary guarantees is expected to provide proportionality between debtors and creditors. In its development, the implementation of execution in the context of fiduciary guarantee law through the Constitutional Court Decision Number 2/PUU-XIX/2021 which is a form of explanation as well as confirmation of the Constitutional Court Decision 18/PUU-XVII/2019 regarding the application of execution of fiduciary guarantees has had legal implications in society . Based on the Constitutional Court's decision which created a new norm in the context of executing fiduciary guarantees, it directly changes the procedures and conditions that must be met for the execution of parate execution by creditors in the event that the debtor acknowledges default and voluntarily surrenders the object of fiduciary collateral so that it is expected can realize the principles of legal certainty, justice and benefit within the framework of the principle of proportionality between debtors and creditors in the practice of Fiduciary Guarantees.

Sri Purwanti Budi Utami; Anggraeni Endah Kusumaningrum

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

This study is entitled "Legal Protection of Children as Criminal Actors. Nowadays there are often criminal acts committed by children. The problem in this study is the legal protection for children as perpetrators of crime in accordance with the juvenile criminal justice system in Indonesia and its implementation in the Merauke region. The research method used is a juridical-empirical legal research method with a fact and legislation approach. The existing law is used as a guideline about what people should and should not do and see the phenomena that occur in the field. The forms of protection provided to children in conflict with the law are based on Law no. 11 of 2012 concerning the Child Criminal Justice System, which provides protection to children in the stages of arrest and detention, investigation, prosecution, trial and coaching, and through the application of diversion. The conclusion of this study is that children as perpetrators of torture must be treated humanely, accompanied, provided with special facilities and infrastructure as well as sanctions given to children in accordance with the principle of the child's best interests.

Muhamad Arifianto

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

The position of the Committee for State Receivables (PUPN), from a constitutional point of view, should be able to become a strong and professional representative interdepartmental institution in line with the goals and expectations of its establishment in accordance with laws and regulations to support the wheels of the economy and benefit the country's finances at a macro level. The problem in this study is regarding how PUPN's authority is viewed from the point of view of the legal system theory. The method used in this research is descriptive research method with a normative juridical approach. Law Number 49 Prp of 1960 concerning the Committee for State Receivable Affairs, is the forerunner of the paradigm for settlement of State Receivables by incorporating elements of managing and collecting state debts with very effective and strong authority from a legal standpoint. In addition, the institutional form that is interdepartmental gives a special image and the presence of law enforcement officials in it can have a significant psychological effect on the debt guarantor. Not to mention that the PUPN itself is equipped with parate execution powers which are the same as the court's execution powers.

Pulung Hudoprakoso

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

The settlement of state administrative disputes as a result of the issuance of a state administrative decision letter is the authority of the State Administrative Court as a judicial body appointed by the Law governing the State Administrative Court. Administrative efforts are a non-litigation settlement that must be taken before state administrative disputes are submitted to the State Administrative Court. Administrative efforts are expected to be the best solution before citizens submit their problems to the Court, so as to remove the paradigm that the actions of state administrative bodies or officials are always right and cannot be corrected.

Herminiastuti Lestari

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

The public's reaction to the rousing welcome from the former convict of sexual crimes against children with the initials SJ got a lot of attention. Sexual crimes against children which are special crimes have special treatment, both as victims and perpetrators. Because of its specificity, there is a separate treatment starting from the investigation, trial, sanctions, sentencing, also post-trial.After sentencing, the perpetrators are not automatically able to move freely in public, so that when a former convict appears in public, there is a reaction from the public. Normically or socially there is a restriction for former convicts of sexual crimes. This is related to the ethics that apply in society where sexual crime is an immoral act against children that should be protected by all parties, be it society, institutions or the government. Because it is related to the morals of the immoral act, the burden borne by the victim psychologically will affect the future of the child, so that the perpetrator of the crime cannot be accepted immediately to appear in public, thus causing sanctions after completion of sentencing

Susilowati Susilowati

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

Credit Guarantee in the Syndicated Bank Credit Agreement is the most important guarantee in the Syndicated Credit Agreement which is the main discussion in this Legal Writing. The method that the author uses in this legal research is normative juridical, where the documents used as guidelines in the preparation are primary legal documents and secondary legal documents. The Credit Guarantee in the Syndicated Credit Agreement that I will use is a credit guarantee with concession rights which includes toll road concession revenues, escrow accounts, and insurance claims. The Credit Guarantee is important to cover or guarantee the Creditors in the Syndicated Bank in the event of a default or bad credit or default from the Debtor. Collateral as regulated in Law number 7 of 1992 concerning Banking as amended by Law number 10 of 1998 concerning Amendments to Law number 7 of 1992 concerning Banking, guarantee is defined as "faith in faith and ability and ability of the customer or debtor to pay off the debt or return the financing as agreed. Credit guarantees (debts) as regulated in article 1131 of the Civil Code are "all objects of the debtor, both movable and immovable, both existing and those that will exist in the future, become dependents for all individual engagements". The credit guarantee that will be discussed in this legal writing is the credit guarantee in the Syndicate Credit Agreement or syndicate loan in the form of concessions. Concession is the granting of rights, permits, or land by the Government, companies, individuals, or other legal entities. The granting of concession rights is generally applied to the development of partnerships between the government and the private sector. Syndicated credit is one of the types of credit, but the difference in Syndicated Loans is related to the number of creditors. In the Syndicated Credit Agreement, the creditor is more than one creditor. The discussion of Syndicated Credit Guarantee that will be discussed in this legal writing is the Credit Guarantee in the Syndicated Credit Agreement between PT. JJP with PT. BNI Bank, PT. Bank Mandiri, PT. Bank BRI and PT. Bank BPD Central Java in terms of the construction of the Semarang Toll Road. The object of the Credit Guarantee in the Syndicated Credit Agreement in the form of Concession Rights which is not a fiduciary or mortgage must be made in the agreement related to the risks that will occur as a result of the syndicated credit agreement, especially on the guarantee so that no party is harmed from the syndicated credit agreement and development can run smoothly. In this regard, the Government should always be innovative towards legal regulations in line with development progress so that they do not become legal problems in the future.  

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.

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).

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

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.

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.