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Anggadika Kriswibowo

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

Globalization has transformed the way nations interact, bringing challenges in protecting the rights of cross-border groups such as migrants, international workers, and minorities. On one hand, globalization promotes closer international cooperation and strengthens the commitment to universal human rights. However, on the other hand, policies implemented by states often fail to align with these changes, creating various obstacles in efforts to protect vulnerable groups caught in different legal systems. This article explores the main challenges faced in protecting the rights of cross-border groups amid the dynamics of globalization. The research employs an in-depth literature review method, focusing on studies related to democratization, human rights, and the challenges encountered by cross-border groups. The findings reveal that, despite significant progress in the international framework on human rights, there remains a gap between policy and practical implementation that affects the protection of cross-border groups. This research also provides policy recommendations to help address these challenges in the era of globalization.

Angela Florida Mau; Teresia Noiman Derung

WISSEN : Jurnal Ilmu Sosial dan Humaniora 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This article examines the importance of creating an inclusive workplace for persons with disabilities from the perspective of the encyclical Laborem Exercens, which emphasizes the value and dignity of human beings in the context of work. Pope John Paul II asserts that work is a fundamental right of every individual, including persons with disabilities, enabling them to fully participate in society and develop their potential through employment. The aim of this article is to explore how the principles of Laborem Exercens can be implemented to create a fair, flexible, and accommodating workplace for persons with disabilities. The methodology employed in this article involves a literature review of the texts of Laborem Exercens and various sources related to inclusive policies, physical adjustments, and the use of assistive technologies in the workplace. This article also highlights the importance of collaboration among governments, companies, and communities as a key factor in establishing productive and empowering workplaces for persons with disabilities. Providing accessible facilities, flexible policies, and awareness training for managers and colleagues are proposed as concrete steps to realize an inclusive workplace. Achieving an inclusive work environment requires a collective commitment to respecting the dignity and rights of persons with disabilities, which, in turn, will improve their quality of life and contribute to the overall welfare of society. Implementing the values outlined in Laborem Exercens represents a significant step toward a more just, equitable, and inclusive working world.

Ghatfhan Hanif

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The mandate of the introduction of human rights and freedom as a human being has been stated in the opening of the 1945 Constitution (UUD 1945) with 4 (four) paragraphs that lead humans and their nation to humanity, a justice that is independent, united, sovereign, just and prosperous and is based on the development of the nation's ideals in the crystallization of Pancasila. The constitution is like the 'Spirit of the state' that lives to grow, develop, and direct the 'Physical state' towards the paradigm, understanding and actualization of axiology in everyday life. The reason is, the state is said to be perfect if its physicality is filled with spirit in the rules of harmony, harmony and balance. Thus, all of this is needed to be a name "State of Law". The state of law gives birth to basic concepts, namely the supremacy of law that is just, limitations of power, and guarantees of universal empowerment of human rights (HAM). The rule of law upholds the supremacy of the welfare concept of the rule of law that all people have the same position in the eyes of the law (equality before the law), so equality and social balance in fulfilling universal and fundamental rights in the case of people with disabilities must be positioned in a position, role and potential that legitimizes, justifies and confirms their condition as humans (living of human), not as objects or objects (inanimate).

Tiara Sari Putri Arifin

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

Because we are social creatures, laws establish norms about how members of society should interact with each other. The Constitution of the Republic of Indonesia establishes a legal framework to regulate all human interests, including human rights. An agreement is an important document that regulates the responsibilities and privileges of individuals involved in a contractual relationship. An agreement is defined as a legally binding act that binds the promising parties in Article 1313 of the Indonesian Civil Code. However, agreements are not always enforced, and defaults occur all the time; for example, PT. Bank Rakyat Indonesia (Persero) Tbk is fighting debtors who have not paid their bills. The causes of default, its impact on the parties, and the procedures required by law to resolve disputes are all discussed in this abstract. It is believed that a thorough understanding of default will help prevent similar incidents in the future and find fair and efficient solutions.

Yohannes Sepril Duarsa Siagian; Hajar Suwantoro

International Journal of Industrial Innovation and Mechanical Engineering 2024 Asosiasi Riset Ilmu Teknik Indonesia

Medan  as  the  capital  city of North  Sumatra  has  rapid  economic  development,  for instance in the creative industry sector. This development is in line with the large productive age rate which reached 69.99% and the increase in intellectual property applications  to  the  Ministry  of  Law  and  Human  Rights  from  North  Sumatra.  The rapid  growth  of  the  creative  industry  and  the  large  number  of  productive  ages require the right platform to encourage further development of the creative industry in the city of Medan. The right place for this is the creative industry center building facility.  The  facility  can  be  used  as  a  center  for  creative  industry  executants  to develop their businesses in various ways, such as workshops, exhibitions, seminars, and  so on.  This  facility  was designed  with  a  tropical  architectural  approach  in  an effort to respond well to the building's environment.

Destia Purwaningsih; Veny Nisratul Husna; Muhammad Ramadhan; Syahrul Mubarak; Anisa Anisa +2 more

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Violence against women remains a serious issue in Indonesia despite the existence of Law Number 23 of 2004 on the Elimination of Domestic Violence (KDRT). This study aims to evaluate the effectiveness of the implementation of this law in reducing violence against women and to identify the barriers in its implementation. The research method used is a normative legal approach, focusing on the analysis of relevant regulations and related policies. The findings show that although legal awareness has increased, many women victims of violence are still hindered by social and cultural factors in reporting the incidents. Institutional factors, such as limited resources in law enforcement agencies, also affect the effectiveness of protection. The implication of this research is the importance of a thorough evaluation of existing policies and the need to improve the capacity of law enforcement agencies to handle cases of violence against women more effectively.

Alya Deswitha Martha; M Fariz Raya Reswara; Muhammad Rais Aji Aras Kurniawan; Shophie Aulia Mumtazah; Tifany Putri Shaori +1 more

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

Correctional institutions are very important in the Indonesian criminal justice system. Here, prisoners receive education and training to reintegrate into society. They still have the same basic rights. This concept evolved from the changing values and goals of the criminal justice system. Indonesia is transitioning to restorative justice to transform prisoners into mentally and physically healthy individuals, who can contribute to society. The protection of the basic rights of prisoners is an obligation in every correctional institution. This is not only because it is a human right of prisoners, but it is also regulated in the Corrections Act. Furthermore, the realization of these basic rights can help the education and development process of prisoners in correctional institutions.

Ismaidar Ismaidar; Tamaulina Br Sembiring; Majidah Pohan

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

As a system, the law will run well when the system is connected and working actively. The practice of criminal acts of corruption that occurs in Indonesia is increasingly sophisticated, systematic and widespread at all levels of society which has an impact on the amount of state financial losses. Various statutory regulations have been attempted to eradicate corruption, namely Law Number 31 of 1999 jo. Law Number 20 of 2001 and the Government has even ratified several articles of the 2003 United Nations Convention Against Corruption (UNCAC) through Law Number 7 of 2006. However, to date it is still unable and effective to enforce it in eradicating corruption. The Corruption Eradication Commission (KPK) has a system for dealing with corruption cases, namely Operation Arrest (OTT). anywhere in Indonesia. The type of research applied is normative legal research with a normative juridical approach, namely research carried out based on library materials which are secondary data. Based on the results of the research, it can be stated that in the politics of criminal law in dealing with criminal acts of corruption based on penal and non-penal policies, it is no longer effective in eradicating criminal acts of corruption which are detrimental to the country's finances and economy and the Corruption Eradication Commission's policy, which is included in one of its policies, is carrying out Hand Catch Operations, namely tapping. Tapping is the activity of listening, recording, deflecting, changing, inhibiting and recording the transmission of electronic information or electronic documents, whether using communication cable networks or wireless networks, such as electromagnetic radiation or radio frequency, including examining packages, postal mail, correspondence and other documents. Apart from that, the legal politics of dealing with criminal acts of corruption through Operation Capture of Arms, including the lack of regulations regarding wiretapping and entrapment carried out by the Corruption Eradication Commission, is vulnerable to violations of Human Rights (HAM), especially regarding entrapment, because entrapment is not recognized by law or as a criminal act. corruption in Indonesia.

Lira Mey Nisa; Tiodame Layupa Simanullang; Rita Hartati

Jurnal Ilmuan Bahasa dan Sastra Inggris 2024 Asosiasi Periset Bahasa Sastra Indonesia

This research examines the dilemma between language ethics and freedom of expression in relation to hate speech on social media. A mandatory human right, freedom of expression allows people to express their opinions and encourages democratic society. Its misuse on digital platform, however, frequently leads to hate speech that incites animosity, reinforces assumptions, and insults the dignity of the target audience. This research qualitatively analyzes cases of hate speech and freedom of expression in social media spaces through discourse and content analysis. As a result, this research illustrates the dilemma between the expression of hate speech that violates ethical boundaries and the defense of freedom of expression in a democratic society. It also explores principles to maintain the balance between freedom of expression.

Saskia Nursukma; Yohana Sekar Pawening; Irwan Triadi

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

This study focuses on examining the comparison between the principles of general criminal law and military law applied in the justice system, through a comparative method with a normative juridical approach used as a comparative identification process of the two legal systems which includes the process of examination, trial, sentencing and consideration of legal principles. The difference in nature between general criminal law and military law is that general criminal law (Commune delicta) which anyone can carry out, is the opposite of Military Law as a special crime (Delicta proparia) which can only be carried out by certain people, in this case by a military man. Based on a literature study to see the principles of implementing the two laws, this study aims to show how the comparison of the two systems is applied, reviewing aspects of Human Rights, Justice and Legal Certainty in the legal justice system in Indonesia.

Susilawati Panjaitan; Iwan Setiawan Tarigan

Jurnal Pendidikan Agama dan Teologi 2024 International Forum of Researchers and Lecturers

Thei purposei ofi thisi articlei isi toi explorei thei meaningi andi theologyi ofi wisdomi ini thei booki ofi 2i Chronicles.i Thei methodi usedi ini writingi thisi articlei isi ai deductive,i qualitativei researchi approach,i withi datai collectioni conductedi throughi Libraryi Researchi methods,i includingi journals.i Thei theologyi ofi wisdomi ini 2i Chroniclesi highlightsi wisdomi (חָכְמָה/khokmah)i asi ai centrali themei thati integratesi intellectual,i practical,i andi spirituali dimensions.i Wisdomi isi noti limitedi toi theoreticali intelligencei buti alsoi encompassesi tangiblei abilitiesi toi overcomei challenges,i lead,i andi build.i Ini thei contexti ofi thisi book,i wisdomi isi regardedi asi ai divinei gifti rootedi ini thei feari ofi thei Lord,i asi illustratedi ini thei storyi ofi Solomoni (2i Chr.i 1:7-12).i Solomoni prayedi fori wisdomi toi leadi Israel,i emphasizingi wisdomi asi ai gifti thati enablesi fairi andi prudenti decision-making.i Wisdomi ini thisi booki isi dividedi intoi twoi types:i speculative,i whichi includesi reflectioni oni humani existence,i andi didactic,i whichi isi practicali andi instructional,i suchi asi proverbsi thati guidei dailyi life.i Wisdomi isi characterizedi byi universal,i practical,i ethical,i andi religiousi traits,i reflectingi itsi connectioni toi morali valuesi andi ai relationshipi withi God.i Ini 2i Chronicles,i wisdomi isi manifestedi ini aspectsi ofi leadershipi (2i Chr.i 1:10),i thei constructioni ofi thei Templei (2i Chr.i 2:12),i andi thei regulationi ofi worshipi (2i Chr.i 7:14).i Thisi wisdomi underscoresi thei importancei ofi obediencei toi Godi asi thei sourcei ofi wisdom,i guidingi decisionsi andi buildingi thei livesi ofi thei peoplei ini righteousness.  

Reyhand Ardhitha; Tata sutabri

JURNAL WILAYAH, KOTA DAN LINGKUNGAN BERKELANJUTAN 2024 Fakultas Teknik Universitas Cenderawasih

This study aims to analyze the role of smart technology in achieving sustainable cities through the implementation of the smart city concept. Using a qualitative approach based on library research, the study explores the relationship between smart technology and urban sustainability, encompassing three main pillars: governance, energy efficiency and environmental management, and social inclusivity. The findings reveal that smart technology enhances transparency and efficiency in governance through e-governance and digital applications, fosters multi-stakeholder collaboration via collaborative governance, and improves government responsiveness to public needs. In the environmental aspect, the implementation of smart technologies such as smart grids and smart sensors significantly contributes to more efficient energy management and carbon emission reductions. Moreover, technology-based waste management demonstrates great potential in supporting urban environmental sustainability. On the social dimension, smart technology must ensure inclusivity by addressing vulnerable groups and bridging the digital divide, where digital literacy and community empowerment play a crucial role in creating sustainable social impacts. However, implementation challenges such as infrastructure gaps, limited budgets, and human resource readiness remain barriers that need to be addressed. This study highlights the importance of integrative and collaborative approaches in smart city implementation, alongside strong strategic policy support to maximize the potential of smart technologies in achieving sustainable development. With the right approach, smart cities can serve as a strategic solution to urbanization complexities and improve the quality of life for future generations.

Keysha Alea Azzahra; Sarah Zahira; Reita Ananta; Muhammad Arief Nurrachman; Dwiki Darmawan +1 more

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

The Bali Bombings I on October 12, 2002, and Bali Bombings II on October 1, 2005, were major terrorist attacks that shook Indonesia and the international community. This study aims to analyze the chronology of these events, the national and international legal perspectives on handling terrorism cases, and the efforts of the Indonesian government in law enforcement. Through a national and international legal approach, this research identifies the challenges faced in enforcing the law against terrorism suspects, especially concerning the application of human rights principles. The findings indicate that while significant law enforcement efforts have been made, legal application still needs to be aligned with international legal developments and respect for human rights.  

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Nabhan Tabarok; Muti'ah Nuha Mumtazah; Hannamuddin Wafiyur Rahman

Jurnal Ilmu Sosial, Bahasa dan Pendidikan 2024 Pusat Riset dan Inovasi Nasional

This study discusses citizenship rights within the framework of the rule of law in Indonesia, focusing on both theoretical and practical aspects. Citizenship is a crucial element in the legal system, as it grants individuals legal status, through which they can access civil, political, and social rights. However, despite the constitutional guarantee of citizenship rights, their implementation in Indonesia still faces various challenges, particularly regarding stateless individuals, children from mixed marriages, and limited access to citizenship documents. This research employs a normative juridical and comparative method by analyzing Indonesia's citizenship regulations and comparing them with countries such as Canada and Germany. The findings indicate that Indonesia needs to reform its citizenship policies to be more inclusive and aligned with international standards. Recommendations include addressing statelessness issues, simplifying the administrative process for obtaining citizenship, and aligning policies with international principles. Therefore, it is expected that Indonesia's citizenship policies can provide more equitable and fair protection for all its citizens.

Alya Aqilla; Putri Nailah Azahra; Rini Febrianti; Dhio Gonzales; Wismanto Wismanto +1 more

Jurnal Budi Pekerti Agama Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Muhammadiyah, which was founded in 1912, has played a pioneering role in social and educational movements in Indonesia. This article examines Muhammadiyah's contribution to improving the quality of life of the community through various educational programs and social initiatives. Research shows that Muhammadiyah has established more than 17,000 educational institutions that provide access to quality education, as well as implementing community empowerment programs that encourage economic independence. In addition, Muhammadiyah is active in social activities, including disaster management and human rights advocacy, which shows the organization's commitment to social justice. Through a holistic approach to education that prioritizes character and leadership development, Muhammadiyah seeks to form a young generation that cares about society. The aim of this research is to reveal Muhammadiyah's role in improving the quality of life of the Indonesian people through the educational programs and social initiatives it carries out. This research method uses a qualitative method with a descriptive approach to examine the role of Muhammadiyah in social movements and education in Indonesia. The research results show that Muhammadiyah not only functions as a religious organization, but also as an agent of change that contributes to creating a more prosperous and just society in Indonesia.

Wiranti Banser Ngaul; Nirwan Junus; Nuvazria Achir

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

This research aims to find out the impact of owning coastal areas which are used as tourist attractions. This research is empirical research because it places primary data in the community as the main data which is analyzed descriptively qualitatively. The results of the research show that the impact of ownership of coastal areas that are used as tourist attractions triggers violations because this control is linked to the control of coastal areas of indigenous communities, and is then recognized by law. This then results in a conflict of interest because coastal people tend to carry out activities and work at sea, and utilize these aquatic resources as a target to fulfill their daily needs. The economic activities of residents on the coast who tend to work as fishermen and farmers are certainly not used to other activities. Meanwhile, tourism development in villages that have the potential for beautiful marine and coastal resources generally aims to introduce and utilize, even improve the quality of natural objects and attractions. This then also causes losses to the government and local communities because apart from having an impact on the physical environment which experiences a decline due to human activity at the tourist location itself, all income and benefits are also received in full by the business owner. In this condition, the village government does not get any share, because tourist attractions are recognized as private property.  

Muhimmatul Hidayah; Nana Eka Wijayanti; Salsabilla Zahra Sanda; Sumriyah Sumriyah

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Thanks to rapid technological advances, it is increasingly easier to provide services to the public. One example is the electronic land certificate service. The time and costs of registering land certificates can be reduced by using the latest technological methods. The research method used by the author is a statutory approach and normative research methods. The research results show that significant technological progress can be made by digitizing the current paper-based land registration system. One of them is the issuance of electronic certificates as regulated in Regulation of the Minister of ATR/Head of BPN No. 1 of 2021 because the Electronic Transaction Information Law and the Job Creation Law only regulate electronic certificates, this electronic certificate is legal and the risk of causing problems is very small. Technology supporting the use of electronic land title certificates is developing rapidly and is now very useful. As an institution that provides electronic services in the land sector, BPN not only improves data quality control, but also continues to improve electronic services with professional staff. The implementation of land title certificates still has shortcomings in terms of infrastructure, equipment, human resources and electronic data quality.

Abdul Malik Mufty

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Sentencing must take into account juridical and sociological aspects to provide a deterrent effect and benefit society. In Law no. 1 of 2023, the death penalty is regulated as a last resort for serious crimes, in accordance with human rights principles and Islamic legal views. This research uses a normative method with a statutory approach to examine the death penalty in Law no. 1 of 2023 and compare it with Islamic law. The death penalty in Law no. 1 of 2023 is regulated in Articles 64 and 67, no longer as a basic crime but as a last alternative for extraordinary crimes that threaten life, with stricter implementation because it refers to the ratification of the ICCPR. In Islamic law, the death penalty applies to murder, adultery (for married perpetrators), armed robbery and rebellion, with the principle of qishash as the main basis.

Muhammad Ari Khairan; Abdul Ghanif Herlambang; Fathurrahman Fathurrahman; Almer Ragil Amri; Wismanto Wismanto

Ikhlas : Jurnal Ilmiah Pendidikan Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This research discusses the dissolution of marriage from the perspective of fiqh muamalah, focusing on the causes, processes, and impacts of divorce. Divorce, permitted in Islam as a last resort, is often triggered by incompatibility, economic factors, and family intervention. The aim of this study is to analyze the aspects of fiqh muamalah related to divorce, examine the emotional impact on children, and explore the role of counseling in preventing divorce. This research employs a qualitative approach using library research methods to examine the issues surrounding the dissolution of marriage within the framework of fiqh muamalah. The study emphasizes that a good understanding of the rights and responsibilities in marriage, along with the application of justice principles, is crucial for ensuring that the divorce process is more humane and offers new hope for all parties involved.

Nur Sri Maryam DM

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Customary law existed long before Indonesia became independent. This system is a reflection of the noble values ​​believed in by indigenous peoples, such as mutual cooperation, kinship and respect for others. This research aims to analyze the principles of customary law that can be integrated into the formal justice system to support the development of a restorative justice system in Indonesia and the main challenges faced in implementing customary law as part of the restorative justice system in Indonesia and how to overcome them. The research method uses normative research methods and secondary data. Integration of customary law principles into the formal justice system can be done in various ways, such as adopting restorative principles, building hybrid models, increasing recognition of legality, involving communities, aligning with human rights, and applying local approaches in certain cases. The implementation of customary law as part of the restorative justice system in Indonesia faces various challenges, but with a strategic and adaptive approach, these challenges can be overcome.