SciRepID - Scientific Publication Search

Publication Search

50,562 articles from 425 journals · 1,447 citations tracked

Showing 41-60 of 147

Analytics

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.

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.

Nur Aini Rahmawati

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

This study examines government policies during the COVID-19 pandemic in terms of health law. Health law is one of the laws reviewed in the COVID-19 pandemic. In handling the COVID-19 pandemic, the Government has issued several legal products such as Government Regulations that also implement the PSBB and Physical Distancing policies, but these policies are not effective in breaking the chain of COVID-19 spread, as seen the number of COVID-19 cases in Indonesia on January 28, 2021, has reached through 1 million cases, the highest in Southeast Asia. This type of research is a normative juridical research that is descriptive in nature by providing solutions to the handling of COVID-19 in Indonesia. This study concludes that the legal politics taken by the government (PSBB and physical distancing) in handling COVID-19 have not maximally protected the right to health of the Indonesian people as mandated by the constitution Article 28H paragraph (1) and Article 34 paragraph (2) and (3) of the 1945 Constitution. The government should implement a partial lockdown policy as China's success in carrying out a partial lockdown in Wuhan. With a partial lockdown in Jakarta Province as the epicenter of the COVID-19 pandemic in Indonesia, the virus will not spread to other provinces.

Santy Febryaningsih

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

   Health workers are noble jobs and professions that are at the forefront in dealing with health problems, especially in the midst of the COVID-19 pandemic crisis. Health workers have to sacrifice their lives to protect the community from the spread of the covid-19 pandemic, health workers are also worried about the covid-19 pandemic, especially many health workers who are exposed to Covid-19 and the death of health workers, especially doctors and nurses. The implementation of safety and health for health workers aims to provide protection for health workers to be healthy, safe, productive, and avoid work accidents and occupational diseases. This research is focused on positive legal policies in Indonesia that regulate legal protection for the right to work safety for health workers who deal with the COVID-19 outbreak. The legal research used is normative legal research, the results of the study show that legal protection and fulfillment of the right to work safety for health workers who deal with the covid-19 pandemic outbreak are regulated in Indonesian laws.  

Antonius Aditya Pratama

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

Law Number 35 of 2009 concerning Narcotics has regulated the opportunities for medical rehabilitation and social rehabilitation for addicts and victims of narcotics abuse, as described in Article 54, Article 55, Article 103 and Article 127 Paragraphs (1), (2) and (3). In addition, it is also regulated in Articles 13-14 of Government Regulation Number 25 of 2011 concerning the Implementation of Compulsory Reporting of Narcotics Addicts and also the Circular Letter of the Supreme Court (SEMA) Number 4 of 2010 concerning Placement of Abuse, Victims of Abuse and Narcotics Addicts into Medical Rehabilitation and Rehabilitation Institutions. Social. The problems studied in this paper are how to regulate the implementation of rehabilitation for narcotics addicts based on the judge's decision and how the role of the competent agency in the implementation of rehabilitation for narcotics addicts is based on the judge's decision. Provisions for rehabilitation for narcotics abusers are regulated in Law No. 35 of 2009, it is stated in Article 54 that Narcotics Addicts and Narcotics Victims are required to undergo medical and social rehabilitation. This is clarified in Article 3 paragraph (1) of the Regulation of the Head of the National Narcotics Agency Number 11 of 2014 concerning Procedures for Handling Narcotics Addicts and/or Defendants of Narcotics Addicts and Victims of Narcotics Abusers in Rehabilitation Institutions (BNN Regulation 11/2014) which stipulates that Narcotics Addicts and Victims of narcotics abusers who are without rights and against the law as suspects and/or defendants in narcotics abuse who are undergoing the process of investigation, prosecution, and trial in court are given treatment, care and recovery in rehabilitation institutions. At the time the judge decides on rehabilitation, the judge will determine whether the person concerned (in this case the Narcotics Addict) undergoes rehabilitation or not based on whether or not the crime committed is proven. This is regulated as in Article 103 of Law no. 35 of 2009 concerning Narcotics. The Role of Agencies in the Rehabilitation of Narcotics Addicts in the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics as a non-penal effort of the National Narcotics Agency is the implementation of mandatory reporting of Narcotics addicts, Recipient institutions must report (IPWL) Narcotics addicts, Medical rehabilitation, Social rehabilitation  

Jayantri Ribunu; Rafika Nur; Nur Insani

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

The purpose of this writing is to identify, study and analyze procedural diversion for children in conflict with the law in the Juvenile Criminal Justice System. In this paper the author uses the normative juridical method. In the conclusion of the discussion, children who are in conflict with the law are considered as legal subjects who are not competent and do not understand what they are doing. Investigation of child cases is carried out by investigators appointed by Decree of the Head of the Indonesian National Police or other officials appointed by the Head of the Indonesian National Police. If the Diversion succeeds in reaching an agreement, the Investigator will submit the Minutes of Diversion along with the Diversion Agreement to the head of the district court for stipulation. Meanwhile, if the Diversion process fails, the Investigator must continue the investigation and transfer the case to the Public Prosecutor by attaching the Minutes of Diversion and minutes of community research. Arrested children must be entrusted to the LPKS. The cost for each child placed in the LPKS is borne by the budget of the ministry that administers government affairs in the social sector. The role of diversion as an effort to protect the rights of children's rights is expected to solve the problems of children who are in conflict with the law. When a child is faced with a formal criminal justice process, it is certain that the child will lose his freedom. By diverting, the freedom of children is still guaranteed, and the deprivation of independence for them can be avoided. Diversion is a very meaningful effort to provide protection for children who are in conflict with the law so that they can fulfill the basic rights of children.

Martvina Sapii; Sumiyati Beddu; Rafika Nur

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

This research focuses on implementation, benefits, and to find out the problems faced in the treatment of inmates with deviant sexual behavior. This study raises the issue of how legal protection is given to victims of inmates with deviant sexual behavior in Class IIA Gorontalo Correctional Institutions and what are the obstacles faced by correctional officers in providing legal protection to victims of inmates with deviant sexual behavior. This study used interview and observation research methods, which described the treatment of inmates with deviant sexual behavior, then analyzed and concluded using a qualitative approach. Based on the analysis, it was found that the treatment of inmates with deviant sexual behavior was considered very necessary. Inmates with deviant sexual behavior have characteristics that are unique and different from other inmates in general. In general, inmates with deviant sexual behavior scattered in prisons throughout Indonesia are men who look like women or who like the same sex. Inmates with deviant sexual behavior are very vulnerable to bad treatment by other inmates, and can also have a negative influence on other inmates. Special treatment for inmates with deviant sexual behavior is deemed necessary, starting from placement in individual blocks to special coaching. There are obstacles encountered in its implementation, including the procurement of individual blocks of inmates with deviant sexual behavior and the understanding of Correctional Officers about the problems and deviations that will be caused by the presence of inmates with deviant sexual behavior in correctional institutions.

Novita Anggriani Lahabu; Rafika Nur; Darmawati Darmawati

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

There are so many cases where the perpetrators are more than one person, which occur in our society. Often there is debate in imposing punishment on the direct makers and the indirect makers of criminal acts. To impose a sentence on a case, the judge must know which maker is directly or indirectly and bases his decision apart from the law and also considers the demands of the public prosecutor. Sometimes the perpetrators of the crime of participation are not touched at all by the law so that what they should be prosecuted by law is not even processed. The purpose of this study is to examine the criminal responsibility of the perpetrators of the crime of counterfeiting. The research conducted is normative legal research. Based on the results of the research the defendant was proven guilty of committing the crime of "making and using fake documents" as stipulated and subject to criminal penalties in Article 264 paragraph (1) of the 1st Criminal Code and second article 264 paragraph (2) of the Criminal Code. The crime of inclusion is regulated in Article 55 and Article 64 of the Criminal Code

Iis Ariski; Irkhamna Kamalia; Fatikha Nur Nafi Ul’umam; Chanun Nida’ Nabiqoh

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

Indonesia is a constitutional state, in which every behavior of the Indonesian people must be based on the laws set by the government. In addition, of course, as an Indonesian citizen, he must know his status in this country. Because basically every Indonesian citizen has the same right to obtain guarantees and legal certainty in every action. After knowing the importance of citizenship, of course, what is no less important is knowing immigration law. Because citizenship law and immigration law have an interrelated relationship in the legal system in Indonesia. The purpose of the research that the authors conducted was to find out the nature of citizenship and immigration in the Indonesian legal system. The research method used is the library method, in which researchers use sources from various books, journals and other sources of literature.  

Syefi Putri Amanda; Anajeng Esri Edhi Mahanani

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

The Industrial Revolution 4.0 encourages everyone to do routines quickly, easily, and efficiently, activity carried out online that only uses gadgets and networks that may be done anywhere. One example of the application of the industrial revolution 4.0 is the emergence of e-commerce which is also accompanied by the emergence of a term called Marketplace. Marketplace is a market where sellers and buyers meet which there are many products and various kinds of stores, only done online and online. Only with gadgets, ordered goods have been received and delivered by shipping services (expeditions). But with this, it does not rule out the possibility that unpleasant things do not happen such as damage or even loss of ordered goods. With this, this study aims to determine the form of legal protection and legal remedies provided to overcome these problems. This research uses normative research methods through principles, legal rules, etc    

Ainul Azizah; I Gede Widhianan Suarda; Mardiyono Mardiyono

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

Restorative justice or better known as restorative justice in the development of schools of law and punishment in human civilization, where the state returns the ius ponale and ius poniendi mandates to the community within the framework of healing, recovery and recovery. Restorative justice is a concept of thinking that responds to the development of the criminal justice system by focusing on the need to involve actors, communities and victims as a social recovery step in social relations. The principle of restorative justice is one of the principles of law enforcement in resolving cases which can be used as an instrument of recovery and has been implemented by the supreme court in the form of policy implementation (Supreme Court Regulations and Supreme Court Circulars). Restorative justice is considered a model of modern punishment that is more humane than the retributive justice used in the current justice system. One of the applications of this is the termination of the prosecution process by the prosecutor.

I Gede Widhiana Suarda; Ainul Azizah; Ahmad Fahrudin

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

Ethnicity, religion, race and intergroup (SARA) are social elements that have an important role in human life, therefore, the freedom of each party must be respected and guaranteed. Religion is an important element of human existence and perhaps the most impressive element that can exert an important influence on the behavior of individuals. Indonesian positive law regulates punishment for perpetrators of religious blasphemy regulated in Article 156a of the Criminal Code. The initial purpose of enacting this article was against the backdrop of the many sects of belief and mysticism teachings that were considered heretical and not in accordance with the religious teachings of the Indonesian people. Article 156a of the Criminal Code is intended to prevent religious teachings from being distorted which are considered as the main teachings by the leaders or religious leaders concerned; and this rule protects religious peace in society and maintains the values of religious teachings that are maintained by the community from insults/humiliations and from teachings not to embrace a religion based on Belief in the One Supreme God.

Haqkiki Bintang Pratama; Zainuddin Hasan; Adelya Putri Utami

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

Society's need for cosmetics has led to the emergence of many cosmetic manufacturers. Distribution permits to sell freely on the market currently do not have many cosmetic products. The purpose of this research is to find out the legal consequences of the abuse of chemical-based cosmetics that do not include the number of the Food and Drug Supervisory Agency (BPOM) with counterfeit distribution (study center at Pasar Simpur, Bandar Lampung). The legal consequence of the abuse of the use of chemical-based cosmetics that are not listed as BPOM numbers with counterfeit distribution (Study Center in Bandar Lampung's Simpur Market), can be subject to various statutory provisions, namely Law Number 36 of 2009 concerning Health, Law Number 8 of 2011 concerning Protection Consumers and Decision of the Head of BPOM Republic of Indonesia Number HK 00.05.4.1745 The sanctions obtained consist of administrative sanctions and criminal sanctions.

Cindhy Atika Rahmawati; Eko Wahyudi

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

Elderly prisoners are classified as a special vulnerable group because at that age they have decreased immunity and physical weakness so special treatment is needed. Correctional Institution must be able to fulfill the rights of elderly prisoners while they are serving their sentences. The purpose of this research is to find out the implementation of guidance for elderly prisoners and the obstacles faced by the Surabaya Class 1 Correctional Institution. The type of this study is empirical legal research. The results showed that the guidance for elderly prisoners at the Surabaya Class 1 Correctional Institution has not been running optimally.. This is due to budget constraints from the government, lack of human resources, insufficient infrastructure, the covid-19 pandemic, lack of support from the families of prisoners, and the difficulties of marketing the work products of prisoners. But with these obstacles, various kinds of efforts can be made to handle the problem

Khusniatul Amallia; Yana Indawati

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

Gambling games are a crime regulated in article 303 bis of the Criminal Code. Gambling games are often used as a livelihood. Gamblers often make this a livelihood because the lures that are given from gambling games look profitable with only a little money. But this is of course just a ruse so that someone is interested in participating in gambling. Article 303 bis of the Criminal Code has regulated the crime of gambling as a means of livelihood. The Pasuruan City Police Resort is trying to enforce the law on gambling crimes that occurred in Pasuruan City. Along with the development of the era, there are more and more types of gambling crimes. Judging from its history, criminal acts of gambling will always exist and some of the people playing gambling is a customary habit that does not need to be eliminated or even reported to the Police. This of course makes the role of the Police indispensable in informing the public that this gambling game is a crime that needs to be enforced.

Adelia Puspitasari; Eko Wahyudi

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

Online transactions know no boundaries, just use a smartphone or computer connected to the internet so that everyone can search and find what they want. Electronic transactions involving Notaries can be seen in the elucidation section of Article 15 paragraph (3) of Law Number 2 of 2014 concerning the Position of Notary, Notaries have the authority to certify transactions conducted electronically. Cyber Notary has the main function of certifying and authenticating electronic transaction activities. Cyber notary is the concept of utilizing technological developments used by Notaries in carrying out their duties and authorities, such as document digitization, electronic signing of deeds etc. Even though it is stated in the Elucidation of the Notary Office Law, there is still confusion in meaning, a question arises that needs to be studied from this problem, namely how the implementation of electronic transaction certification is carried out by a Notary.    

Andi Ines Audryana Bachtiar; Yana Indawati

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

Human trafficking is an organized crime that violates human rights relating to freedom, security and has the potential to use acts of violence against victims. This research uses empirical juridical research methods by examining a phenomenon that occurs in society associated with the applicable laws. The research was conducted to find out the law enforcement against the crime of trafficking in persons, the obstacles in the implementation of law enforcement, and how the police efforts as law enforcers who act to handle obstacles at the level of investigation and investigation. The results showed that law enforcement of trafficking in persons was dominated by trafficking in persons with sexual utilization and trafficking in Indonesian migrant workers. Case handling begins with a public report then submitted to the unit handling human trafficking cases for a series of investigations, investigations, and submission of files to the prosecutor's office. There are different methods in handling cases tailored to the needs of cases of trafficking in persons with sexual exploitation or exploitation and migrant workers. Based on the research, it is known that investigators find various obstacles caused by internal factors or the investigation process itself and external factors or from the community. Law enforcement is carried out with the aim of restoring the law itself so that evaluation is needed so that the handling of human trafficking crimes runs effectively.

Atha Raihan Azayaka; Eko Wahyudi

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

This research was conducted with the aim of knowing legal protection for consumers for skincare products without a marketing authorization that are sold online. This study uses normative juridical research methods, namely using data collection techniques through library research or using secondary data. Among them are official documents, books, research results, in the form of reports. In this study, it was concluded that consumers who have experienced losses as a result of skincare products without marketing authorization can take legal action through the courts or outside the courts. However, this legal protection is still underutilized by consumers in the event of a problem, so that the UUPK becomes less effective, because compensation is given within seven days after the transaction. If this provision is maintained, it will be difficult for consumers who experience losses to obtain protection. This is because the negative effects of using skincare can occur after seven days.

Claressia Sirikiet Wibisono; Anajeng Esri Edhi Mahanani

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

The widespread use of social media among the public has created a new need, namely the urgency to create space for conducting business activities, causing the platform to turn into a place for communication, interaction, as well as a trading space. These changes bring various impacts, one of which is the formation of new types of crime in cyberspace. Fraud in electronic transactions via social media (Twitter) is a crime that targets the internet, computers and related technology as its target. Based on the position of the case, the fraud that occurs can be classified as a crime of computer-related fraud or a crime to gain personal gain and/or harm others. The handling of fraud cases can be carried out using the legal basis contained in Law Number 19 of 2016 concerning Information and Electronic Transactions, namely Article 28 paragraph (1) in conjunction with Article 45 paragraph (2). The use of these two articles is based on the principle of lex specialist derogat legi generali. In addition, if examined using a victimological point of view, victims of fraud cases that occur are included in the category of participating victims where the tendency of victims to be unaware of their attitudes/behaviors in certain circumstances is a reason for someone to act. commit crimes against them. The research method used to answer these problems is normative legal research with a case study approach in the form of legal behavior products.    

Siti Nur Haliza; Zainudin Hasan; Shefa Rindya Yazhalina; Mela Yasa

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

In the current situation, the increase in murder cases is of great concern, especially with the development of technology, it also affects the ease of disseminating information which is then misused to track the location of the victim and suppress the victim with threats - threats that are not good related to the victim's purpose, namely to find out how the role of investigators to uncover murder cases that lose evidence and to find out the inhibiting factors of police investigators in carrying out the investigation process against the crime of murder. The research method used is normative legal research. The legal materials used are sourced from the literature. The types of legal materials used are primary, secondary, and tertiary legal materials. The technique of collecting legal materials is by document study. Analysis of legal materials using interpretation or interpretation. The results of the study indicate that the Criminal Acts of Murder and Removing Goods have been regulated in Article 338 of the Criminal Code that anyone who deliberately takes the life of another person, shall be punished for murder with a maximum imprisonment of 15 years, and Article 221 paragraph 1 number 2 of the Criminal Code, anyone who commits an act of covering up the criminal act committed, by destroying, removing and hiding evidence and evidence shall be punished with a maximum imprisonment of four years.