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Wahyudin Djou; Erman I. Rahim; Abdul Hamid Tome

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2023 International Forum of Researchers and Lecturers

In terms of the ratification of Perppu Number 2 of 2022 concerning Job Creation, this raises pros and cons in society. This is because the Supreme Court Constitutional Decision Number 91 / PUU-XVIII / 2020 states that Law Number 11 of 2020 is unconstitutional conditional and must be immediately revised within 2 (two) years from the time the decision is issued. One of the reasons is because in the formation of the Job Creation Law, it does not involve full community participation and is not guided by the principle of openness. But the government actually responded by issuing the Job Creation Perppu which was later passed into law by the DPR-RI. In fact, between Law Number 11 of 2020 concerning job creation and Perppu Number 2 of 2022 concerning job creation, it is relatively the same in terms of content. This study aims to examine a legal truth related to the mechanism for ratifying Government Regulations in Lieu of Law based on actual legal provisions. One of the legal provisions in the formation of laws and regulations is to make the principle of forming laws and regulations one of the conditions that must exist in the process of forming laws. One of its principles is the principle of openness. and the method used in this study is Normative. And in the results of this study, it shows that the ratification of the Job Creation Perppu is not in accordance with the mechanism for the Establishment of Laws and Regulations because it is not guided by the principle of openness.

Muhammad Fahrudin; Irwan Triadi

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2023 International Forum of Researchers and Lecturers

The 1945 Constitution of the Republic of Indonesia stipulates that Indonesian citizens must participate in efforts to defend the country. This is contained in article 27 paragraph 3 which reads, "Every citizen has the right and obligation to participate in efforts to defend the country". Developing and attitude of defending the country can be done with several efforts, such as providing compulsory military education which has been implemented in several countries such as South Korea. Basic military training in Indonesia is only given to Indonesian National Soldiers, which in essence is something that is directly related to the profession they are undertaking. This journal seeks to explain how the public perceives the implementation of military service in Indonesia the form of a komponen cadangan (komcad) as part of the country’s defense and security system.

Marbun, Hissah Kristina; Lala Anggina Salsabila; Tatiadinata Saragih; Parlaungan G. Siahaan; Dewi Pika Lbn Batu

Jurnal Relasi Publik 2023 International Forum of Researchers and Lecturers

This article aims to examine what law enforcement is like in class 1 narcotics crime cases and based on Law of the Republic of Indonesia Number 35 of 2009 concerning narcotics which has been proven. This research uses the method. This research was carried out by examining the main problem through a juridicalnormative approach so that in terms of its type, this research is normative legal research. The scope of normative legal research in this research is limited to legal history in the form of court decisions that have permanent legal force against narcotics abusers in the jurisdiction of the Medan District Court.

Naila Syafaah

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

Outsourcing means handing over part of the work implementation to another company through a work contract agreement or worker/labor service provider. This research aims to analyze the form of disharmony in legal norms in outsourcing policies in Indonesia, and to analyze the protection of outsourced workers in terms of John Rawls's theory of Justice. This research is normative research using primary and secondary data obtained from literature reviews and statutory regulations related to the issues raised. The results of this research show that the work relationship that is practiced in the outsourcing system based on Article 65 paragraph (8) of Law Number 13 of 2003 states that work relations that initially occur between workers/laborers and the company receiving the work can in certain cases change to work relations between workers/laborers. with the employing company. This shift creates problems because from the start, employment relations only existed between the employer company and the workers/laborers. After the decision of the Constitutional Court Number 27/PUU-IX/2011, the working relationship between outsourced workers/laborers and outsourcing companies can be carried out through a Specific Time Work Agreement (PKWTT) or a Certain Time Work Agreement (PKWT), but the implication of the Constitutional Court's decision is that if the employment relationship between workers/workers and outsourcing companies that are not based on PKWTT or PKWT, this will create uncertainty about the employment relationship status for outsourced workers/laborers. Regarding the protection of the uncertainty of employment relations between outsourced workers/laborers, John Rawls stated that it would be unfair to sacrifice the rights of one or several people just for the sake of greater economic benefits for society as a whole. Justice as fairness means that not only those who are talented and have better abilities -in this case permanent employees of a company have the right to enjoy various social benefits more, but these benefits must also open up opportunities for those who are less fortunate in terms of These are outsourced workers/laborers in order to improve their standard of living.

Oong Supono; Muhamad Hasan Sebyar

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

This research in-depth investigates agrarian law conflicts that arise in connection with toll road construction in the West Sumatra Province. The main focus of this research is on exploring the position of Minangkabau community customary land in the context of inheritance law. An in-depth analysis was carried out on the role of the 1945 Constitution of the Republic of Indonesia and Law Number 5 of 1960 concerning Basic Agrarian Principles (UUPA) in regulating the revocation of rights to customary land for the public interest. This research also explores comparisons with other regions in Indonesia to reveal variations in legal approaches in dealing with similar conflicts. Thus, this research aims to understand the complexity of conflicts that arise along with these infrastructure projects. The results of this research provide an illustration that the agrarian law conflict in West Sumatra is not only limited to the revocation of rights to customary land, but also involves aspects of inheritance law which significantly influence the position of the Minangkabau people. The implications of these findings will be explained comprehensively to provide in-depth insight into the dynamics of agrarian law conflicts in the context of infrastructure development in Indonesia.

Seri Mughni Sulubara; Yury Ulandary; Riska Riska; Desi Purnama Sari

Karunia: Jurnal Hasil Pengabdian Masyarakat Indonesia 2023 Fakultas Teknik Universitas Maritim AMNI Semarang

This community service was carried out for students of SMA Negeri 4 Takengon Paya Tumpi, Takengon-Bireuen Road, Pinangan Village. The problem faced has not been done education and strengthening understanding of the articles contained in the 1945 Constitution. The purpose of the study was to examine the extent of understanding of SMA Negeri 4 Takengon students as Generation Z to be able to have the ability to understand the articles contained in the 1945 Constitution. The method used is qualitative research through surveys, preparation, coordination and implementation of community service activities. The result of the research is that students can understand the meaning of the articles of the 1945 Constitution. By understanding the articles of the 1945 Constitution, it can foster a sense of nationalism, love for the country and the spirit of patriotism among Generation Z, especially students of SMA Negeri 4 Takengon.

Natal Kristiono; Erisandi Arditama; Wahyu Beny Mukti S; Rudi Salam; Hanik Latifah +4 more

Karunia: Jurnal Hasil Pengabdian Masyarakat Indonesia 2023 Fakultas Teknik Universitas Maritim AMNI Semarang

Education has the function of instilling, developing, and implementing rational values, regularity, diligence, and productive attitudes which in turn are able to bring about humans who have noble character, are devoted to God Almighty, and have human values. Pancasila and Citizenship Education or what is more often called PPKn is one of the subjects that must be given to students in order to form good citizens, loyal to Pancasila and the 1945 Constitution. The aim of this activity is to increase the competency of PPKn teachers in the field of Anti-Corruption Education, eradicating corruption through more effective and systematic educational strategies through students and teachers in anti-corruption outreach efforts. The implementation method is training which aims to increase understanding of the dangers of criminal acts of corruption and strengthen commitment as an extension of the eradication of corruption, followed by training in the form of mentoring prospective Anti-Corruption Counselors. It is hoped that the results of this activity will be that participants will later become anti-corruption educators, which requires a strong will and determination to lead the anti-corruption movement, namely perfection in conveying basic anti-corruption information and integrity. willing to have anti-corruption teacher qualifications

Nur Fadhilah; Siti Ramlah Usman; Husni Kusuma Dinata

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

The purpose of this research is to find out the procedure of child adoption at the Oelamasi District Court and the judge's reasoning in granting the application for child adoption with prospective parents over 55 years old. The research method used is empirical research. The results showed (1) The child adoption procedure at the Oelamasi District Court is in accordance with the child adoption arrangements contained in the laws and regulations. Particularly in this case, the child who was adopted was not under the care of a social organization but under the care of the prospective adoptive parents. In addition, in this case the prospective adoptive parents did not fulfill one of the requirements for child adoption contained in Article 13 of the Government Regulation, which in turn is the authority of the judge in accepting or rejecting the application. (2) The judge's reasoning in granting the application for child adoption in Stipulation Number 5/Pdt.P/2023/PN Olm is by referring to the provisions of Article 28 B paragraphs (1) and (2) jo Article 28 D paragraph (1) of the 1945 Constitution of the Republic of Indonesia which prioritizes the principles of justice and the best interests of the child so that even though the age of the Plaintiffs no longer meets the requirements of the legislation because they are more than 55 (fifty five) years old does not have to hinder the noble intentions of the Plaintiffs to adopt a child.

Ronni Juwandi; Listi Fitriani; Tamrohul Ikhsani; Muhammad Roji Firdaus; Enday Nurmahdiah

Inspirasi Dunia: Jurnal Riset Pendidikan dan Bahasa 2023 Universitas Maritim AMNI Semarang

This research aims to ensure accuracy, ease of use, and effectiveness in the learning module development process which aims to increase understanding of the content of the 1945 Constitution of the Republic of Indonesia (UUD 1945). In this research, research and development (R&D) methods are used using the ADDIE development model, namely analysis, design, development, implementation, and evaluation. In the research results, it is known that the results of expert validation of teaching materials obtained a score of 96% and validation of material experts obtained a score of 91%. In the practicality results obtained from the response questionnaire to teachers and students after using the teaching modules used, the practicality results for teachers were 94% and students were 98%. In the results of its effectiveness by giving evaluation questions to class X students, an average of 83.7 was obtained, while the KKM for class The results of this research show that the learning module that has been created meets the third evaluation standard, namely validity, ease of use, and effectiveness.

Inggas, Made Agus Mahendra; Khasanah, Dian Ratu Ayu Uswatun; Pongantung, Ronald Jolly

DINAMIKA HUKUM 2023 Universitas Stikubank

The Association of Indonesian Doctors has been formed and declared in a Decree of the Ministry of Law and Human Rights, Number AHU-003638.AH.01.07.2022. The Indonesian Doctors Association is no longer the sole forum for medical organizations in Indonesia. The study of the legality of this new association and the study of the organization of the Indonesian Doctors' Association have violated the right to associate and human rights because it is the sole forum for the medical professional organization which is the focus of the problem raised by the author. The study uses a normative juridical approach to seek answers with certainty and legal certainty through existing legal theories, norms and legislation. The conclusions obtained are that in order to protect patients, improve service quality, and ensure legal and statutory certainty, the medical professional association or organization must be one. Determination of quality and service, competency standards, and professional ethics must come from a professional organization. With a noble purpose, a single professional organization does not violate the law on association and human rights. The presence of a new medical society organization will not interfere with the position of the Indonesian Doctors Association as a professional organization. The suggestion from this study is that new organizations such as the Association of Indonesian Doctors must synergize and become the task force for the Indonesian Doctors Association in controlling the running of the organization while simultaneously providing a driving force for services to the Indonesian people.   Key words: Professional organizations; Constitution; Medical practice

Aprillyzegha, Yashica Nedhypraha

DINAMIKA HUKUM 2023 Universitas Stikubank

Judicial practice in dealing with cases of criminal acts of trafficking in persons in Decision No. 48/Pid. Sus/2021/PN Crb. and Decision No. 49/Pid. Sus/2021/PN Crb. As is known, the panel of judges delivered their decisions in two decisions of the Cirebon District Court, namely Decision Number 48/Pid.Sus/2021/PN. Cirebon and Decision No. 49/Pid.Sus/2021/PN. Cirebon, which show the lack of justice and legal protection for victims of human trafficking in Indonesia. In fact, Indonesia is a sovereign country that is obliged to protect its citizens by the Constitution of the Republic of Indonesia. Victims of the crime of trafficking in persons receive a form of legal protection not only in the form of criminal sanctions against the perpetrators of Law No. 21 of 2007, but must also receive protection, prevention, and eradication of means or forms of institutions for the crime of trafficking in persons.

Tri Lestari Hadiati; Hidayat Hidayat

Jurnal MIMBAR ADMINISTRASI 2023 Universitas 17 Agustus 1945

In the 1945 Constitution Article 28 H of Amendment IV, it is stated that "Home is one of the basic rights of every citizen, so every citizen has the right to a place to live and a healthy living environment". Observing this, the people have the right to own their own homes. The fact is that realizing a livable home is not easy, for most poor people. This is also the case in Rowosari Sub-district, Kendal Regency, where in the last three years (2021-2023) a number of poor people who live in uninhabitable houses have received financial assistance from the RTLH Program. The purpose of this study is to analyze the impact of the RTLH Program Implementation on the poor beneficiaries. The type of research used is complementary descriptive research, the population is all poor beneficiaries in 2023 totaling 40 people. The sampling technique is with the census technique, the data collection is by observation, interview, questionnaire & documentation.  The data analysis technique uses descriptive qualitative methods with percentages.Based on the study of Edward III Implementation Theory & Evaluation Theory, the implementation of the RTLH Program for 40 families in Rowosari Sub-district had a very good impact (above 75%). Although some other recipients said the impact was only good (65%-74.99%). However, a small proportion (2.5%-12.5%) said that the impact was quite small for them, because they had high expectations, tending to expect total assistance, to improve their lives.

Ogie Nuggraha; Durohim Amnan

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

Issuance of General Election Commission Regulation Number 10 of 2023 concerning the Nomination of Members of the DPR, Provincial DPRD and Regency/City DPRD, special wabil Article 8 paragraph (2) raises a new polemic because it is felt to deny the value of the struggle for democracy and the rule of law principle which has been painstakingly built so far sucks. The regulation is considered to reduce and distort the instrument of struggle for women's groups known as the affirmative action quota for women's representation of 30% in Parliament. The purpose of this study is to describe the problems that occur and discuss them in depth through methodological analysis. The research method that the author uses in this work is normative-juridical research with a library research approach which is coupled with gender theory and democratic principles and which is linked to the theme of this research discussion and uses qualitative methods. Research results Based on the description above, the authors conclude that Article 8 paragraph (2) PKPU 10/2023 is contrary to the principles of non-discrimination and the substantive equality and justice approach because it is not in line with the spirit of The Convention on the elimination of All Forms of Discrimination against Women (CEDAW ) which is further regulated in Law no. 7/1984 concerning the Convention on the Elimination of All Forms of Discrimination Against Women. Furthermore, the PKPU is not in line with the idea of ​​equality contained in the body of the 1945 Constitution of the Unitary State of the Republic of Indonesia such as Article 27 paragraph (1), Article 28D paragraph (3), Article 28H paragraph (2), and Article 28I paragraph (2). Article 8 paragraph (2) PKPU 10/2023 does not follow up on the essence of the legal norms of Article 245 Law Number 7 of 2017 concerning General Elections.  

Iwan Ridwan; Suaidi Suaidi

Jurnal Sadewa : Publikasi Ilmu Pendidikan, Pembelajaran dan Ilmu Sosial 2023 Asosiasi Riset Ilmu Pendidikan Indonesia

National development in the field of education is an effort to brighten the life of the nation and improve the quality of Indonesian people who are faithful, devout and have noble character and master science, technology and art in realizing an advanced, just, prosperous and civilized society based on Pancasila and the Constitution. -The 1945 Constitution of the Republic of Indonesia. The aim of educational development is to make Indonesian people intelligent and devoted to God Almighty. The involvement of teachers and parents of students has a huge contribution in realizing quality education. This research aims to determine the contribution of parents and teachers in building synergy in efforts to realize quality education.

Iwan Ridwan; Suaidi Suaidi

Jurnal Sadewa : Publikasi Ilmu Pendidikan, Pembelajaran dan Ilmu Sosial 2023 Asosiasi Riset Ilmu Pendidikan Indonesia

National development in the field of education is an effort to brighten the life of the nation and improve the quality of Indonesian people who are faithful, devout and have noble character and master science, technology and art in realizing an advanced, just, prosperous and civilized society based on Pancasila and the Constitution. -The 1945 Constitution of the Republic of Indonesia. The aim of educational development is to make Indonesian people intelligent and devoted to God Almighty. The involvement of teachers and parents of students has a huge contribution in realizing quality education. This research aims to determine the contribution of parents and teachers in building synergy in efforts to realize quality education.

Riyanto Riyanto; Muhammad Anwar Ibrahim; Muhammad Fahrudin; Irwan Triadi

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2023 International Forum of Researchers and Lecturers

The defence and security of the Indonesian state is a very crucial thing in the practice of the state so that it requires a component of citizens to participate in efforts to maintain state security in addition to the Indonesian National Army (TNI) and the Indonesian National Police (Polri), the Supporting Component is needed in efforts to defend and secure the state but in practice the community thinks that it is contrary to Human Rights (HAM). The purpose of this study is to carefully examine and analyse the Establishment of the Reserve Component as a State Supporting Defence Viewed from a Human Rights Perspective. The legal research method used is normative juridical legal research method by conducting research on library materials and using a statute approach. The results of the research are that in the Indonesian constitution, the rights and obligations to defend the country by citizens have been regulated through the 1945 Constitution of the Republic of Indonesia, Law No. 3 of 2023 concerning State Defence, Law No. 23 of 2019 concerning Management of National Resources for State Defence, as well as the embodiment of patriotism in the state that can be carried out by a citizen who is then made by the Indonesian Government a state defence system in order to support national defence, namely by implementing a Reserve Component system stipulated in the PSDN Law and the formation of the Reserve Component is not an element of coercion or a form of human rights violation.

Eriz Syawaldi; Irwan Triadi

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2023 International Forum of Researchers and Lecturers

This research is motivated by the State Defense and Security Law contained in Article 30 paragraphs (1) and (2) of the 1945 Constitution which requires citizens to participate in efforts to protect and secure the state. State security is implemented through the entire system, protecting the people with a system national. The army and police are the main forces, the people are the supporting forces, so that state protection and security are structured based on the concept of state protection. The type of legal research carried out in a normative juridical manner is normative juridical where law is conceptualized as what is written in statutory regulations (law in books) or law is conceptualized as rules or norms which are benchmarks for behavior that is considered appropriate. The legal materials used are the 1945 Constitution, textbooks, foreign journals, opinions of scholars, legal cases, and symposiums held by relevant experts. The legal material analysis technique used in this research is interpretation, namely the use of juridical methods in discussing a legal problem. From this study it can be drawn back to the discussion that the State Defense and Security Law as regulated in Article 30 paragraphs (1) and (2) of the 1945 Constitution is a defensive measure which requires citizens to participate in state defense and security. These efforts are structured based on the concept of defending the country in order to foster a spirit of nationalism and patriotism in every Indonesian citizen

I Gede Yudi Arsawan; Emil Maula

GARUDA : Jurnal Pendidikan Kewarganegaraan dan Filsafat 2023 International Forum of Researchers and Lecturers

Abstract. Tax is one of the state's incomes that has a large contribution to state finances compared to other state income. In the implementation of tax collection, it is not uncommon for there to be various kinds of disputes between the tax authorities and the public who are taxpayers, which are called tax disputes. Tax dispute resolution is resolved through a judicial institution called the Tax Court. However, currently the authority for guidance over the Tax Court is still carried out by the Ministry of Finance and the Supreme Court, even though the Tax Court is part of the judicial institution. This research uses a type of juridical-normative research which focuses on the use of secondary data. This type of research is a procedure for finding the truth based on the logic of legal science from a normative point of view. The results of this research found that after the Constitutional Court Decision Number 26/PUU-XXI/2023, the full authority to guide the Tax Court had to be transferred to the Supreme Court. It is recommended that the implementation of the transfer of guidance authority be carried out in stages as soon as possible in order to provide legal certainty regarding the long-standing overlap of authority between the executive and judicial powers towards the Tax Court which should be purely part of the judiciary.   Keywords: government power, guidance, tax court   Abstrak. Pajak merupakan salah satu income negara yang memiliki sumbangan besar terhadap keuangan negara dibandingkan dengan pendapatan negara lainnya. Dalam pelaksanaan penagihan pajak, tidak jarang terdapat berbagai macam perselisihan antara fiskus dengan masyarakat yang merupakan wajib pajak yang disebut dengan sengketa pajak. Penyelesaian sengketa pajak diselesaikan melalui sebuah institusi peradilan yang disebut Pengadilan Pajak. Namun saat ini kewenangan pembinaan atas Pengadilan Pajak masih dilakukan oleh Kementerian Keuangan dan Mahkamah Agung, padahal Pengadilan Pajak merupakan bagian dari lembaga yudikatif. Penelitian ini menggunakan jenis penelitian yuridis-normatif yang menitikberatkan pada penggunaan data sekunder. Penelitian jenis ini adalah prosedur untuk menemukan kebenaran yang didasarkan pada logika keilmuan hukum dari sudut pandang normatif. Hasil penelitian ini menemukan bahwa pasca Putusan MK Nomor 26/PUU-XXI/2023, maka kewenangan pembinaan Pengadilan Pajak sepenuhnya harus dialihkan ke Mahkamah Agung. Disarankan agar pelaksanaan peralihan kewenangan pembinaan tersebut dilaksanakan secara bertahap sesegera mungkin demi memberikan kepastian hukum terhadap tumpang tindih kewenangan yang sudah lama sekali terjadi antara kekuasaan eksekutif dan yudikatif terhadap Pengadilan Pajak yang seharusnya murni sebagai bagian dari yudikatif.   Kata kunci: kekuasaan pemerintahan, pembinaan, pengadilan pajak

Tulus Mampetua Lumban Gaol; Irwan Triadi

GARUDA : Jurnal Pendidikan Kewarganegaraan dan Filsafat 2023 International Forum of Researchers and Lecturers

Compulsory Military Service has become the focal point of debate in the latest National Resource Empowerment Law (PSDN). Some argue that national defence, which forms the basis of compulsory military service, should not be confined solely to military contexts. However, on the other hand, many believe that a military approach is integral to national defence. The author employs a legal and national defence analysis to comprehend the conception of compulsory military service. The findings of the author's research indicate that mandatory military service is a mandate of the law and not voluntary, leaning towards a militaristic approach. Furthermore, the author asserts that all non-militaristic forms of national defense are valid, but a militaristic approach remains obligatory.

Abdul Aziz; Andi Sri Rezki

International Journal of Education and Literature 2023 Lembaga Pengembangan Kinerja Dosen

This article examines the influence of agrarian law in the development of legal politics in Indonesia with a focus on issues of land ownership and human rights. This article explains that land ownership is often a source of conflict and disputes in Indonesian society, especially when land does not have clear certificates. The Basic Agrarian Law (UUPA) is the legal basis that provides guarantees for land rights for the people of Indonesia. The National Agrarian Operations Project Program (PRONA) is the government's effort to provide land certificates to people with economically weak groups. This article also reviews changes in legal political views in Indonesia following the transition from the New Order era to the reform era. During the New Order era, there were shackles in various sectors, including law and politics. However, during the reform period, efforts to restore Indonesia's image as a rule of law through changes in government policy were carried out concerning the 1945 Constitution and Pancasila. In the context of land ownership and human rights, this article underscores the need to protect the rights of rural communities and indigenous peoples whose ownership is inherited hereditary, regardless of the completeness of the ownership papers. This article examines the need for a balance between public interest and individual rights in the context of land ownership in Indonesia. In conclusion, this article presents a comprehensive analysis of the influence of agrarian law in the development of legal politics in Indonesia. By highlighting changes in legal politics, protection of human rights, and issues of land ownership,