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Saputra, Eka; Amanda Istianah Mutiawati; Langga Langadhy

Jurnal Manajemen dan Ekonomi Bisnis 2022 Pusat Riset dan Inovasi Nasional

Social Security employment is one of the government's programs to protect Indonesian workers because this is the mandate of Article 28H paragraph (3) of the 1945 Constitution, after which the government established Law No. 40 of 2004 concerning the National Social Security System and Law No. 24 of 2004 concerning the Social Security Organizing Agency. The regulations mentioned are an active form of the state to protect its people, one of which is from the labor sector. The authors took a study based on some of these rules by taking the title of the analysis of social security participation in employment for micro and small businesses. The formulation of this research problem is 1) what employment social security programs have been followed by job providers in micro and small businesses 2) What factors are the obstacles for job providers in micro and small businesses in participating in the employment social security program. This research is exploratory with a qualitative approach with research objects in small and small businesses, the use of data using primary and secondary data sources. The large number of participants who do not know and participate in BPJS Employment is an obstacle to the lack of participation of BPJS Employment.

Hery Kurniawan Zaenal

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2022 Pusat Riset dan Inovasi Nasional

This study aims to: (1) analyze and find the ratio of the decision of the Constitutional Court Decision Number 49/PUU-X/2012 concerning the annulment of Article 66 paragraph (1) UUJN-2004, (2) the legal impact of the Constitutional Court's decision no. 49/PUU-X/2012 Against Legal Protection for Notaries. The type of research is normative law. While the research approach used, namely: Legislation, contextual approach, and case approach, as well as a comparative approach. The legal materials used in this study are primary legal materials and secondary legal materials. While the analysis of legal materials using qualitative analysis. The results of the study show that: (1) The ratio decidendi of the cancellation of Article 66 paragraph (1) of Law Number 30 of 2004 concerning the Position of Notary Public is based, that the article is not in accordance with the principle of equality before the law (equality in law) for every citizen. There is the approval of the Notary Honorary Council, not in accordance with the sense of justice and the criminal law enforcement process, as well as the principle of an independent judicial power; (2) Legal Impact of MK Decision No. 49/Puu-X/2012 Regarding Legal Protection for Notaries, the notary loses his special rights, namely summoning a Notary in the case of interest in a criminal examination does not need to obtain permission from the Regional Supervisory Council as stipulated in the provisions of Article 66 of the JN Law, this is for guarantee legal certainty and responsibility for the deed issued.

Widiyawati, Yeni; Khasanah, Malikhatun; Farhatin, Aulia Hanna

Jurnal Ilmu Sosial, Bahasa dan Pendidikan 2022 Pusat Riset dan Inovasi Nasional

The inclusive education program is an effort to carry out the mandate of the 1945 Constitution and eliminate discrimination in the education system in Indonesia. All children with various needs can sit and study together with other normal children in the same school. This study aims to identify forms of curriculum adaptation, especially in science subjects at SDN Gajahmungkur 02 Semarang City. This research uses a descriptive-qualitative approach with a case study method. This research was conducted in April-June 2022. The data collection technique used in this study used interviews and observation methods. The subject of the interview is a special supervising teacher at the school. Based on the results of interviews and observations, it is known that the curriculum adaptation implemented at SD N Gajahmungkur is viewed from the principles and dimensions of adaptation. The principles of attendance, participation, and achievement have been well realized in this school. In terms of the dimensions of curriculum adaptation, namely, curricular adaptation is reflected in the lesson plans accompanied by special notes and adjustment of learning indicators for children with special needs who are adapted to the 2013 curriculum, learning adaptation is reflected in the presence of a special supervisor teacher in the class even though there is only one. There is a special schedule arrangement so that Class teachers still have a significant role in implementing learning. Environmental adaptation has not been optimal because schools do not yet have accessibility for physically disabled people with wheelchairs. In terms of adjustment to science subjects, teachers have not made many adaptations or modifications for children with special needs.

Nurdin, Rizal Nurdin Ismail; Anshori, Isa

Jurnal Global Citizen : Jurnal Ilmiah Kajian Pendidikan Kewarganegaraan 2022 Prodi PPKn Universitas Slamet Riyadi

The implementation of democracy in the management of public services is an important part that must be carried out by the bureaucracy. In its implementation, it must uphold democratic principles that are in line with the state constitution, namely freedom/equality, people's sovereignty, and open and responsible government. Better and more satisfying services for the community must be carried out by public service providers. The government's attitude is still inclined to only provide good services to certain people, who have the same political views and thoughts as the government. The paradigm of the management of the administration of the public service bureaucracy must be changed, which initially "regulates" the community to "serve" the community. because the public service bureaucracy is the main benchmark in assessing the performance of the central government and local governments in serving the community. Keywords: Bureaucratic Reform, Public Service, Democracy, Constitution.

Benny Wijaya

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2022 Pusat Riset dan Inovasi Nasional

The State of Indonesia in providing protection for patients who receive medical services, doctors and dentists in carrying out medical practices are required to provide medical services according to professional standards and standard operating procedures in accordance with Indonesian law no. 29 of 2004 article 51 letter a,.Informed consent is one of the requirements that must be met before doctors perform medical procedures on their patients.  However, even though there is Indonesian Law No. 29 of 2004, there are still doctors who commit negligence by providing services that are not in accordance with procedures by not asking for approval for medical actions that lead to malpractice claims from their patients.. The research conducted is classified as normative juridical research, using primary legal materials and secondary materials from laws and regulations, court decisions, legal theory, and existing journals as a basis.. The doctor's error by taking actions that are not in accordance with the procedure in the form of without asking for informed consent is an administrative violation so it is categorized as administrative malpractice. Indonesian Supreme Court Decision No. 233 K/PID.SUS/2021 which imposes a prison sentence in an administrative malpractice case on a legal basis that has been declared non-binding by the Indonesian Constitutional Court is an act of carelessness. However, the guilty verdict for the defendant was already correct, because the defendant did not give informed consent before carrying out a risky procedure for his patient

Ibnu, Sefrin

DINAMIKA HUKUM 2021 Universitas Stikubank

The enforcement of justice as an important element of human rights, should actually be built and realized in any legal state system. In addition to presenting a quality judicial system and personnel, it also needs to be supported by a mechanism for recruiting and fostering judges and other law enforcers who are honest and with integrity. judicial commission which is officially mandated by the constitution and Law no. 18 of 2011 to realize the authority of the judiciary so that it will be trusted again by the community.2The Judicial Commission, which was born because of the reform, is aimed at creating a clean, independent, independent, transparent judiciary and upholding justice for all levels of society. Moreover, the constitution clearly states that the main authority of the Judicial Commission is to maintain and uphold the honor, dignity, and behavior of judges.The implementation of Law No. 18 of 2011 concerning the Judicial Commission in the realization of a clean judiciary in the Semarang District Court is carried out by establishing a liaison for the judicial commission in the regions, in this way the judicial commission carries out its duties and functions as a liaison for the creation of a clean court system in the Semarang District Court. This is in accordance with Article 3 paragraph (2) of Law Number 18 of 2011 concerning the Judicial Commission which reads "The Judicial Commission can appoint liaisons in the regions according to need". Whereas the authority of the Judicial Commission in terms of supervision of judges is only limited to providing recommendations to the Supreme Court regarding the imposition of sanctions. It is necessary to agree with the judiciary on how to increase the capacity of the judicial commission's authority to play a greater role in upholding a clean and authoritative judiciary. It also requires the active participation of the community in monitoring by collaborating with the Judicial Commission through the coordination post for judicial monitoring. This thesis is expected to be a material for consideration by the Judicial Commission in order to increase the number of liaison officers in the regions for the effectiveness of work and the realization of the ideals of a clean judiciary at the Semarang District Court. Keywords: Judicial Commission, Judicial Clean Judge

Sari, Siska Diana

Jurnal Global Citizen : Jurnal Ilmiah Kajian Pendidikan Kewarganegaraan 2019 Prodi PPKn Universitas Slamet Riyadi

Medical aesthetic tourismberkembang pesat beberapa tahun terakhir. Kajian terhadap perlindungan hukumnya perlu diperdalam agar tren ini dapat memberikan rasa aman bagi pelakunya. Tujuan artikel ini untuk mengkaji dan menganalisis Perlindungan Hukum medical aesthetic tourism. Jenis penelitian ini termasuk penelitian doktrinal yang mengacu pada sumber data primer, sekunder dan tersier, dengan teknis analisis data interaktif. Hasil kajian menunjukkan perlindungan hukum medical aesthetic tourism terkait pada standarisasi pelayanan medik, standar keamanan produk, asuransi, litigasi risiko medik selama tindakan dan perawatan.  Perlindungan hukum ini dikaji dengan perspektif Pancasila dan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945, serta hukum internasional yang terkait.Ulasan literatur naratif ini berfokus pada masalah perlindungan hukum wisatawan yang mendapatkan perawatan medical aesthetic tourism di luar negeriKata Kunci : Perlindungan Hukum, Medical Aesthetic, TourismABSTRACTMedical Aesthetic Tourism shows significant growth in recent years. A study on its law protection should be conducted more in-depth to enable this trend to give the feeling of secure to its actors. This article aimed to study and to analyze Law Protection of Medical Aesthetic Tourism. This study was a doctrinal research referring to primary, secondary and tertiary data sources, with interactive technique of analyzing data.  The result showed the Law Protection of Medical Aesthetic Tourism related to medical service standardization, product security standard, insurance, medical risk litigation during action and treatment. This law protection is studied from the perspective of Pancasila and Republic of Indonesia’s 1945 Constitution, and related international law. This narrative literature review focused on the problem of law protection for the tourists getting Medical Aesthetic Tourism treatment abroad.

Rochmani, Aprisylia Dwi Hapsari,

DINAMIKA HUKUM 2019 Universitas Stikubank

Vigilantism itself is an offense that still often occurs in the community around us. This violates the provisions of article 170 paragraph (1) and (2) of the Criminal Code, article 351 paragraph (2) and (3) of the Criminal Code, article 354 paragraph (1) and (2) of the Criminal Code. Violations of vigilantism are not justified because it is as if the community as the perpetrators of vigilantism ignores the legal process in force in Indonesia. Then there needs to be protection for the suspect or victim of vigilantism even though he is a criminal. It aims to achieve justice and legal processes in this country. The formulation of the problem of this research is What are the factors - factors that cause the occurrence of vigilante actions, How is law enforcement against perpetrators of vigilante acts (Study in the Legal Area of ​​the West Semarang District Police). The type of research used in this study is juridical normative. The research specifications are analytical descriptive. This study uses two sources of cracked data: primary data and secondary data. The method of presenting data in research is done in a descriptive way. The analysis used in writing this thesis is qualitative. The results showed that, the factors that caused the act of vigilantism were spontaneous arising from a group of people who came from social pressure factors, lack of public trust in law enforcement officials, lack of knowledge of people who conduct vigilante about the law and busy people capture the moment of vigilante with a cellphone rather than having to break up. Law enforcement against perpetrators of vigilante conduct (Studies in the Legal Area of ​​the West Semarang District Police) by conducting, overcoming, and minimizing the occurrence of vigilante acts both from the policy of penal policy (repressive) in accordance with article 27 paragraph (1) of the 1945 Constitution, article 170 paragraph (1) and (2) KUHP, article 351 paragraph (2) and (3) KUHP, article 338 KUHP article 354 paragraph (1) and (2) as well as non-penal (preventive) is done by conducting counseling to the community in the area - areas considered to be the scene of vigilantism and carrying out routine patrols.   Keywords: Factors, Enforcement, Self-Performing Judges.  

di, Arben

Wacana Hukum 2019 Faculty of Law, Universitas Slamet Riyadi

AbstractThis research has purposes of knowing the interpretation of the supplementary worker rights definition after Constitutional Court Decision Number 67/PUU/XI/2013. This research has also purposes of knowing the preventive legal protection of the supplementary worker rights after the Decision of Constitutional Court No. 67/PUU-XI/2013. The results of this research are, firstly, the supplementary rights of worker are classified into: (a) normative, meaning that the supplementary rights which are provided and regulated by acts, such as severance payment, gratuity and compensative payment. (b) non-normative rights, meaning other rights are provided and regulated by the parties in accordance with the agreement in the employment agreement or collective labor agreement. Secondly, there are already legal protection of supplementary non-salary rights in Decision of Constitutional Court No. 67/PUU-XI/2013 but they are not completely protective because the supplementary rights of the worker are not included in separatist creditor payment.AbstrakPenelitian ini bertujuan untuk mengetahui, penafsiran definisi hak-hak lainnya dari pekerja/buruh Pasca putusan Mahkamah konstitusi Nomor 67/PUUXI/2013. Penelitian ini juga untuk mengetahui, perlindungan hukum preventif terhadap hak-hak lainnya dari pekerja/buruh Pasca putusan Mahkamah konstitusi Nomor 67/PUUXI/2013. Hasil penelitian ini adalah pertama, hak-hak lainnya pekerja/buruh dibagi menjadi: (a). bersifat normatif, adalah hak-hak lain yang diberikan dan diatur oleh Undangundang, misalnya uang Pesangon, uang penghargaan masa kerja, uang penggantian hak dan (b). Hak hak lainnya yang tidak bersifat normatif, berarti diberikan dan diatur oleh para pihak menurut kesepakatan baik dalam Perjanjian Kerja (PK) atau Perjanjian Kerja Bersama (PKB). Kedua, perlindungan hukum hak-hak lainnya dari pekerja/buruh Nomor 67/PUU-XI/2013 sudah ada namun tidak sepenuhnya terlindungi, dikarenakan hak-hak non upah pekerja/buruh dikecualikan pembayarannya oleh kreditur Separatis.

toro, Iswan

Wacana Hukum 2019 Faculty of Law, Universitas Slamet Riyadi

The journey of the Regional Representative Council (DPD) in the constitution is considered to still not compensate for the dynamics of proliferation of legislation. The reason is that the function of the DPD with the DPR in the field of legislation has been tugging and there has been intense competition in the formation of legislation, on the one hand the existence of the DPR as an institution holding a legislative function born earlier is considered to dominate the formation of legislation. On the other hand, the existence of the DPD as a new institution that is also given a legislative function, its authority is considered to be too small when compared to the authority of the DPR in the process of establishing legislation. Even the DPD is considered to add to the problem of over regulation in Indonesian legislation. Borrowing the term Richard Susskind mentions that hyper regulations or obesity are legal and over regulation. This situation led to the implementation of the DPD's legislative function not being optimal because it tends to be half-hearted. In other words, the existence of the DPD as the holder of legislative power is still under the shadow of the DPR, so it has not been taken into account in the process of establishing legislation in Indonesia, even though it has been corrected by the Constitutional Court through Decision of the Constitutional Court Number 92/PUU-X/2012 and Decision Constitutional Court Number 15/ PUU-XIII/2015, but the decision was ignored.

Basuki, Udiyo; Jaelani, Abdul Kadir

Wacana Hukum 2019 Faculty of Law, Universitas Slamet Riyadi

In the legislative system, Pancasila is a basic norm (staatsfundamental), which successively then verfassungnorm UUD 1945, grundgezetznorm or MPR provisions, and gezetznorm or the Act. But in reality, Pancasila is equalized and equated with the 1945 Constitution, the Unitary State of the Republic of Indonesia, Bhinneka Tunggal Ika, which is then referred to as the Four Pillars of Nation and State. The Constitutional Court as the constitution gatekeeper institution returns the position of the Pancasila as the state foundation through the Decision of the Constitutional Court Number 100/PUU-XI/2012. The decision is part of the implementation of the authority of the Constitutional Court which has 4 (four) authorities and 1 (one) obligation as stipulated in Article 24C paragraph (1) and paragraph (2) of the 1945 Constitution. In addition to being a guardian of democracy ) The Constitutional Court is also the Protector of the state's foundation and legal source.

-, Widiastuti

Wacana Hukum 2012 Faculty of Law, Universitas Slamet Riyadi

Abstract : The increasing number of judicial review cases on acts/ordinances demanded by the public to the Court of Constitution has indicated an unsatisfactory  attitude concerning the contents of the acts/ordinances as they are in conflict with their rights. Several decision of the Court of Constitution accepted the judicial review claimed by the public  by abrogating article(s) or part of the act/ordinance could be seen as a category of the Court of Constitution’s authority to protect human rights. Nevertheless, in practice such a decision of the Court of Constitution cannot be implemented at once since law itself is a system.   Key words : Court of Constitution. Human rights.

-, RADJIJO

Wacana Hukum 2012 Faculty of Law, Universitas Slamet Riyadi

Abstract:The amandemen of Indonesia constitution of UUD 1945 is resulting the movement of the power from Executive Heavy to Legislative Heavy.  This movement of lawmaking has the consequences on the law construction format which is currently under the President’s consideration whereas actually should be under the parliament’s consideration. Keywords: authority relationship, Executive Heavy, Legislative Heavy

Indrastuti, Lusia

Wacana Hukum 2012 Faculty of Law, Universitas Slamet Riyadi

Abstract Vice president is a government officer one level below president. Vice president is stated by a constitution of a state to accompany the president when he is on his official duty in other country or when the president returns his position either for a widrawal or permanent reason such as a death. The article 4, clause (2) of Undang-Undang Dasar 1945 states that president in his duties is assisted by a vice president in the Republic of Indonesia state structure system. The duties and authority of vice president  in the state structure system of Republic Indonesia is not rigidly stated in the constitution, in spite of the previous amandment of the constitution. Therefore, the account of justify of vice president is not clear. Vice president is still regarded as the second person. Key words : Vice president

-, Puspaningrum

Wacana Hukum 2012 Faculty of Law, Universitas Slamet Riyadi

Abstract : The Constitutional Court was established by Act No. 24 of 2003 (State Gazette number 98 of 2003). Constitutional Court as the new state institutions have a crucial role in the constitutional system of the Republic of Indonesia. The authority of the Constitutional Court provided for in Article 24 C of the 1945 Constitution. The constitution of the Constitutional Court has the four powers which shall be final, that is to test laws against the Constitution Act 1945, to decide disputes between state institutions whose authorities are granted the 1945 Constitution and an obligation that is the opinion of the Parliament to decide on alleged violations committed by the President and / or Vice President. Key Words : Constitutional Court, Authority, Elections

Suryanto, Eddy

Wacana Hukum 2012 Faculty of Law, Universitas Slamet Riyadi

Abstract The frame of reference of this research is that by the regulation of criminal rule on the Constitution of No. 9, 1992 jo No 37,2009, on the immigration(abstract-condemnation), intended the rule to have a power of reinforcement to be obeyed. And towards those of domestic as well as foreigners breaking the law will be enforced to have criminal sanction when they were proved of legelly giuilty and convincincing without any reasons of truth and excuse and also able to be responsible for the judge( as a punisher of inconcrete criminal). It’s needed a judge’s consideration  based on the law, social, economic and other factors enfluecing law enforcement , to enforce the criminal law. ----The considerationsthe taken for the decision making  are acquired from the facts attended at the trial session and the facts clarified at the authentication step. Then, the facts are evaluated and corrected with  letter of accusation, demand, plea, counterplea, rejoinders found as a fact, so that the judge convinced that the accused did the criminal law of immigration. Key word: foreigners breaking the law

-, Sunarno

Wacana Hukum 2012 Faculty of Law, Universitas Slamet Riyadi

Abstract: The impeachment of the President of Indonesia that has happened from periode to periode is not the same uniform. In the Old Orde has been no provision for sure when the President can be impeach, especially when the President Soekarno was appointed as President for Life. During the New Order, according to Article 4 has been set Tap No.III/MPR/1978 to impeach the President before his term runs out, namely because: (a) at his own request, (b) remain absent, (c) really is agains the GBHN. During the Reformation, the termination of President expressly provided in Article 6 and Article 7 of the 1945 Constitution. Both in the Old Orde  and the New Orde Impeachment of President is more political than judicial. While at the Reformation Orde had never happened to impeach the Presiden. In Constitutional Law, decisions of state institution in generally is more political than judicial. Keywords: Impeachment, The  President  Republic of Indonesia

-, Supriyanto

Wacana Hukum 2012 Faculty of Law, Universitas Slamet Riyadi

AbstractDespite the attention of human rights has existed since long, but the struggle to get legal protection in state constitution looks after the birth of Magna Charta in England in 1215 which is followed by Declaration of Independence in the United States of America in 1776 and Declaration des droits de “I” home et du citoyen in France in 1780. In Indonesia this right has received legal protection in 1945 Constitution, RIS Constitution, or Temporary Constitution, and become much stronger after the birth of MPR Decree Number XVII year 1998 which is followed by Act Number 39 year 1999 on Human Rights, Act Number 26 year 2000 on Human Rights Court which is followed by Amendment of 1945 Constitution which govern specifically Human Rights Chapter in chapter X A which consist of 10 articles. Even though human rights in Indonesia have evolved considerably, but when we look further there is still many weaknesses which contradict one and another. For example: Article 281 Amendment of 1945 Constitution and Article 4 Act of Human Rights which adheres the principle of non retroactive absolutely with Article 43:1 Act of Human Rights Court and Explanation of Article 4 Human Rights Act which adheres the principle of retroactive for gross violation of human rights. Contradiction is also occurs in Article 4 Human Rights Act body and its explanation. Keywords: human rights.