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Nindya Septica Andari

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research examines the juridical protection provided by the government to victims of illegal online investment crimes as regulated in Article 378 of the Criminal Code (KUHP) and Article 28 paragraph (1) of Law Number 19 of 2016 concerning Amendments to the Law Number 11 of 2008 concerning Information and Electronic Transactions. Apart from that, the provisions on criminal acts of gambling regulated in Article 303 bis Paragraph (1) of the Criminal Code are also used as a reference in this research. This research analyzes the typology of victims and the factors that cause illegal investments both online and conventional. Based on this analysis, researchers identified three types of factors that influence victims of illegal investment, namely Latent or Predisposed Victims (victims influenced by economic factors), Participating Victims (victims with low education), and False Victims (victims due to consumer behavior). In this context, researchers recommend the need for more detailed legal updates regarding online investment regulations. This update aims to strengthen the protection of the rights of investors and society as a whole, so that they feel more confident and safe in making investments. With more comprehensive regulations, the government can provide better protection for victims of illegal investment crimes and prevent illegal practices that harm society.

Lusia Pramesti

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

This study aims to analyze the enforcement of law within the limits of religious tolerance based on the criminal justice system and constitutional regulations in Indonesia. It evaluates how individual and environmental factors influence crime and the importance of granting tolerance to offenders who are dependents of their families. Additionally, the study examines the protection of human rights in the context of religious freedom as stipulated in the 1945 Constitution of the Republic of Indonesia. The methodology used is library research, involving the review of journals, legislation, and related materials. The findings indicate that the protection of human rights, including religious tolerance, is crucial for fostering interfaith harmony and maintaining peace within Indonesia's diverse society. The study emphasizes the need for effective constitutional regulations to ensure religious tolerance and social harmony in Indonesia.    

Bagus Ary Darmawan; M. Reza Saputra; Jaenal Aripin

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Marriage is an important event where humans, as social beings, need partners to fulfill their life needs. In marriage, legal standards are necessary to regulate the family's rights, obligations, and responsibilities to build a happy and prosperous family. Every married couple aspires to have offspring, which is considered a trust from Allah SWT. This research aims to provide a deep understanding of the implementation of maqasid syariah in court decisions related to child custody post-divorce, which is expected to serve as a reference for legal practitioners and academics. A qualitative approach with a case study method was used to analyze the decision of the Lahat Religious Court Number 685/Pdt.G/2022/PA.LT, with data obtained through court decision documentation and literature related to maqasid syariah and Islamic law. The analysis was conducted in the context of the principles of maqasid syariah, especially the aspects of hifz al-nafs (preservation of life) and hifz al-nasl (preservation of lineage). The results of the study show that the judge granted custody to the father because the mother was deemed unable to provide adequate care. The judge's considerations align with the principles of maqasid syariah, which emphasize the importance of the child's physical and mental well-being. The research concludes that the principles of maqasid al-syariah can be applied in the modern judicial system to ensure the child's best interests in custody cases, demonstrating that the welfare and safety of the child must be the primary priority in any legal decision.

Fajar Nugroho; Bagus Gymnastiar; Moch Alfi Fahmi Azka; Affan Anshori Ma’ruf; Didi Pramono

RISOMA : Jurnal Riset Sosial Humaniora dan Pendidikan 2024 Asosiasi Ilmuwan Pendidikan, Sosial, dan Humaniora Indonesia

The purpose of this article is to explore the impact of human rights violations during the New Order period in Indonesia on the process of seeking justice. Through a qualitative research approach in the form of literature studies and content analysis, it is used to identify patterns of practices that inhibit openness in the Indonesian legal system. The results of the study highlight the importance of comprehensive legal reform to remedy this dark past, as well as to create a fairer and more transparent legal system for all citizens. The implication of this study is the need for concrete actions to strengthen independent and transparent law enforcement agencies and ensure that past human rights violations are prosecuted fairly. Thus, this article emphasizes the urgency to achieve greater justice in the Indonesian legal system.    

Nurul Khalimah; Khalimatus Sya’diyah; Kholif Adiningrum

AL-MUSTAQBAL: Jurnal Agama Islam 2024 STIKes Ibnu Sina Ajibarang

Human resource management (HRM) at SMK Al-Mahrusiyah focuses on the recruitment and selection of high-quality teachers and staff to ensure adequate qualifications and competencies. This process includes planning, selection, and placement conducted by the HR department. With the right strategies, the school can improve educational quality and create a positive learning environment for students. In addition to recruitment, SMK Al-Mahrusiyah emphasizes the importance of professional development and training programs for teachers and staff. Investment in continuous education and training enhances the skills and competencies of educators, directly impacting the quality of education. The principal and administrators actively participate in designing and implementing these programs to ensure ongoing professional growth. Employee engagement and retention are also key focuses in HRM at SMK Al-Mahrusiyah. Good management practices influence employees' perceptions of organizational support and improve retention strategies. Effective leadership can inspire and motivate staff, create a supportive work environment, and enhance employee satisfaction and performance, ultimately strengthening the institution's overall reputation and quality.

Bagas Prasetia Saputra; M. Bahrul Ulum

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

The era of the digital economy in Indonesia has made buying and selling transactions easier and faster to carry out. By using social media, consumers can channel their opinions, criticism and suggestions regarding the products/services they consume to business actors in various forms. One of them is in the form of a review (overview) of products/services expressed through photos or videos. However, this activity has reaped pros and cons in society, because it is considered that this activity actually tarnishes a good name. This research aims to examine the form of legal protection for the provisions for reviewing products on social media. The sources of legal materials used in this writing are firstly primary legal material sources which have binding force, secondly secondary legal material sources which are legal materials originating from the results of a literature review by reading books, legal journals, and articles that are in accordance with the law. the issue being faced. Data were analyzed using qualitative methods. This research uses a normative research type using a deductive thinking approach. The data that has been analyzed shows that legal protection for the provisions for reviewing products on social media is stated in Law Number 12 of 2005 article 23 paragraph (2) concerning Human Rights, Article 44 paragraph (3) UUPK, and criminal sanctions for perpetrators are stipulated in the UUPK which can be sentenced to prison and a fine.

Alda Azzahra Fadila; Putri Hermaisya Harahap; Sapna Maulini Hasibuan; Salsanabila Salsanabila; Marisa Kemala Rozi +1 more

GARUDA : Jurnal Pendidikan Kewarganegaraan dan Filsafat 2024 International Forum of Researchers and Lecturers

Human rights are a fundamental problem in every country, especially in developing countries like Indonesia. As a democratic country, Indonesia must pay attention to this. Human rights must be taught in schools to every student. This research aims to find out whether citizenship education can be used as a tool to prevent human rights violations and how it affects the evaluation of education programs in Indonesia. By using this method, it is hoped that everyone will know their rights and obligations well. Citizenship education can be an important means to achieve this goal, because citizenship education is one of the learning tools that talks about human rights and is studied in all schools. The method used in this research is literature review, the literature review aims to make an analysis and synthesis of existing knowledge related to the topic to be researched. The research results show that the quality of education services is still low due to inadequate support for facilities and teaching staff throughout Indonesia, especially in remote areas. This results in the number of students dropping out of school remaining high, so that many Indonesian students are unable to continue their education to a higher level.

Feby Meilinda

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

The 1945 Constitution has undergone four amendments. These amendments have brought significant changes to Indonesia's constitutional law. They encompass the transformation of the state from a unitary to a unitary state with broad autonomy, a shift in the governmental system from presidential to parliamentary-presidential, alterations in the presidential and vice-presidential election systems, changes in the judicial system, and modifications in the party system. This research aims to examine the changes in Indonesia's constitutional law following the amendments to the 1945 Constitution. Additionally, it seeks to analyze the impacts of these changes on Indonesia's constitutional system. The research employs a normative legal method, examining primary legal materials such as the 1945 Constitution and other related legislation concerning constitutional law. Furthermore, secondary legal materials such as books, articles, and journals related to constitutional law are also scrutinized. Based on the research findings, the alterations in Indonesia's constitutional law after the amendments to the 1945 Constitution have significantly impacted Indonesia's constitutional system, making it more democratic and ensuring greater respect for human rights.

Reza Agus Pratama; Sekar Lintang Rachmawati; Dimas Fajar Mahendra

Discourse on Law and Society 2024 International Forum of Researchers and Lecturers

The role of morality in public policy and law enforcement, especially in relation to human trafficking, is increasingly important in the digital era. This article discusses the complexity of these challenges and strategies to prevent human trafficking and protect personal data in Indonesia. A holistic approach is needed, with law enforcement paying attention to the dimensions of morality, integrity and moral courage in policy formulation. In a digital era filled with technological changes, public policy must be able to adapt to these developments while still maintaining strong moral principles. This demands a high degree of integrity from policymakers and law enforcers to not only comply with technical rules, but also ensure that their actions are driven by the desire to create a fair and safe environment for all individuals. The recommended strategies include increasing border patrols to prevent the entry of illegal immigrants, cross-border cooperation to cut off human trafficking routes, strengthening regulations related to personal data protection, and increasing public awareness about data privacy. It is hoped that cooperation between the government, institutions and society can overcome this challenge to safeguard human rights and national security.    

Okta Natalia; Petra Kania Patrecia Putri; Defaza Aghnia Arlianto

Discourse on Law and Society 2024 International Forum of Researchers and Lecturers

Ferienjobs are part-time jobs done during holiday periods, and are not a form of internship but rather a part of the job market. The Ferienjob case in Germany underlies the application of the Human Trafficking Crime article because this practice is detrimental and violates human rights. The research methodology used is a normative juridical approach. The aim of this research is to determine the elements that underlie the application of the Human Trafficking Crime article in the Ferienjob case as well as the role of international institutions in the issue of human trafficking crimes.      

Ashari Efendi; Seri Mughni Sulubara

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The purpose of this research is to find out the legal protection for athletes in labor contract agreements related to employment rights in Article 27 Paragraph 2 of the 1945 Constitution. Article 27 Paragraph 2 of the 1945 Constitution reads "Every citizen has the right to a job and a livelihood that is worthy of humanity". The research method used is descriptive qualitative research with a normative juridical approach. Qualitative descriptive research with a normative juridical approach is research that tries to describe an event or event that occurs directly, real, realistic, actual in existing rules. Protection of athletes through positive law in the form of legislation is a legal norm that must be obeyed in the life of the state. Basically, the protection of athletes is intended to ensure equal opportunity and treatment without discrimination on any basis to realize the welfare of athletes in Indonesia.

Ryan Nugraha Yahya; Ayu Audrey Parahita N.; Bellia Argata Syahrani B.; Delvina Dhara Carissa

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

Child protection is an important need for the nation for the future. Children have human rights which must be respected and protected considering that they are at a vulnerable age. They have the right to grow and develop and be free from exploitation, violence or neglect. With good protection, you can ensure they are protected from dangers and can grow and develop in a good environment. The protection and welfare of children has become the responsibility of various instruments such as the family, community and state. Protection carried out by families and communities is implemented through a family approach based on moral values, while child protection by the state is carried out through policies or regulations that regulate this. The technique of research that was utilized in this study was a qualitative method, which involved conducting in-depth interviews to acquire this information. The data collected is comprehensive data, using both primary and secondary sources of information, which will be subjected to a methodical analysis in order to arrive at a conclusion based on the findings of the whole research.

Adinda Aprilia Kartika; H.R. Adianto Mardijono

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to determine the application of criminal law to acts of violence committed by the TNI which affect psychology and constraints on law enforcement in protecting victims of violence. This study uses a normative method with a statutory and conceptual approach. The result of this study is that legal protection for victims of domestic violence according to Law Number 23 of 2004 concerning the Elimination of Domestic Violence is urgently needed because all forms of violence, especially domestic violence, are violations of human rights and crimes against human dignity as well as other forms of discrimination. Victims of physical-psychological, sexual violence and neglect experience suffering and loss, so it is necessary to protect the rights of victims to obtain justice. Justice handed down to TNI members who commit crimes of domestic violence (KDRT) can be subject to disciplinary sanctions by their superiors, in this case military discipline laws can be imposed by superiors who have the right to punish (Ankum) then if the criminal element is proven then it will be resolved through a military court.

Yuliana Yuliana; Ismail Ismail; Puguh Aji Hari Setiawan

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

This research examines the liability of notaries for authentic deeds under the UUJN. While the UUJN does not specifically regulate criminal sanctions for notaries, the Criminal Code can be applied. Violations by notaries can lead to lawsuits against the Ministry of Law and Human Rights. The UUJN regulates the guidance and supervision of notaries by the Notary Supervisory Council and MKN. The primary focus of this research is the final decision of the Regional Notary Supervisory Council regarding administrative sanctions as outlined in Article 73 of the UUJN. The research methodology employed is a normative juridical legal research approach. The legal materials utilized in this research include primary legal materials, secondary legal materials, and tertiary legal materials. The results of the research indicate that the legal protection efforts of the community, particularly those who feel harmed by notaries in the context of notarial acts that indicate criminal acts, are carried out through a form of reactive protection, namely the filing of complaints with the Notary Supervisory Panel. The evidence presented to the Regional Notary Supervisory Panel, the district courts in civil cases for compensation and law enforcement officials (Police) in criminal cases, demonstrates the existence of evidence that can be used to support claims of criminal acts by Notaries. However, the Decision of the Regional Notary Supervisory Panel only imposes Administrative Decisions on Notaries who indicate criminal acts with verbal or written warnings.

Ridho Tri Septiawan; Indah Satria

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

Human rights are inherent to the essence and existence of humans as creatures of God Almighty, and they are gifts that must be respected, upheld, and protected by the state, law, government, and every individual for the dignity and protection of human beings. Domestic violence (KDRT) is a violation of human rights, a crime against human dignity, and a form of discrimination that must be eliminated.The focus is on the legal protection efforts for women victims of domestic violence and the prevention and mitigation efforts against violence towards women. In conclusion, to improve this situation, integrating restitution into the criminal justice system is a solution to be considered. Therefore, while the PKDRT marks a significant step in legal protection for victims of domestic violence, integrating restitution and increasing awareness and commitment from all involved parties are crucial to ensuring better protection and justice for victims of domestic violence in Indonesia. Thus, to enhance the effectiveness of handling violence against women, good coordination among various institutions and disciplines is needed, along with strong commitment from society, law enforcement agencies, and the government to take necessary actions to create a safe and just environment for women. Recommendations for discussion include legal education and awareness, integrated protection, strengthening of medical evidence, socialization and funding, effective criminal prioritization, and restitution as an alternative. The formation of an integrated committee, strengthening gender-sensitive legal systems, education and attitude change in society, establishment of crisis centers or shelters, firm repressive actions, and integration of anti-violence norms are also suggested.

Athar Tristan Andana Kanz; Githa Asmadeningrum Rosady; Savero Pramudika Arya Wibowo

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

An important element of life on earth is the environment, which consists of everything, conditions and influences that exist in the area where humans live and have an impact on life. Everything that forms life, namely objects, energy, the environment, living creatures, humans and their actions, and living space are included. These items are closely related to each other and interact with each other. This research is included in the library research category because the data is collected from written sources such as books, articles, magazines, newspapers, scientific journals and libraries. This approach allows researchers to obtain precise and relevant data by utilizing various library sources. Library research techniques are used to find legal sources that are trustworthy and relevant. The state is tasked with maintaining a clean and healthy environment, in accordance with Indonesia's current Green Constitution. Article 28H paragraph (1) emphasizes the right of every citizen to a good and healthy living environment in addition to the right to physical and spiritual well-being. This idea is represented in various articles of the 1945 Constitution. Strengthening the legal basis for environmental management and preservation, Law Number 32 of 2009 concerning Environmental Conservation and Management offers a more complete picture of the environment. The living environment as referred to in Article 1 point 1 is a spatial unity consisting of all physical and biological components that have an impact on nature and life, including humans and their behavior.    

Omar Reyhan

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

Transgenders are a minority group in society who are vulnerable to discrimination. This research aims to analyze whether the state's recognition and protection arrangements for transgender individuals in Indonesia are in accordance with human rights principles, and also to analyze how the ideal legal construction for transgender individuals is in accordance with human rights principles. In this research, the research method used is normative legal research with a conceptual and comparative approach. The results of the research obtained are that in general Indonesia has regulated the protection of human rights for Indonesian people in accordance with human rights principles. However, in this case the legal culture of Indonesian society is one of the factors why discrimination against transgender individuals still often occurs. So it is necessary to establish an ideal legal construction that is expected to be beneficial for all parties, in this context beneficial for society in general and transgender individuals in particular. An understanding of the principles of balanced human rights is needed to maintain stability in society. An in-depth study of transgender is also needed to understand and to be able to provide effective solutions in handling the transgender phenomenon in Indonesia.  

Muhammad Imaduddin Zikky; Iwan Erar Joesoef; Suherman Suherman

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

Based on The 1945 Constitution of the Republic of Indonesia (UUD 1945), especially in the Preamble to the Fourth Paragraph , the State of Indonesia has objective national For advance well-being general and enlightening life nation . This matter become base law for development national focus on improvement​ quality source Power human resources (HR) as the main capital .Education and skills is two element important in creating quality human resources . Article 26 paragraph (2) of the 1945 Constitution confirms that every citizens have the right on education . Article 31 paragraph (3) also states that government responsible answer on maintenance education . This matter show internal state commitment provide access broad and equitable education​ for all over people of Indonesia. 

Raudatul Janna; Kasful Anwar; Sya’roni Sya’roni

Al-Tarbiyah: Jurnal Ilmu Pendidikan Islam 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

This paper discusses democracy in Islamic education, this paper aims to understand in depth the nature of educational democracy, namely educational democracy is a view that prioritizes obligations and rights, feelings and treatment by educational staff towards students in the educational process which includes 3 things, namely: respect for the dignity of fellow human beings, every human being has a change towards a healthy mind, and is related to common interests and welfare. Islamic educational democracy is the principle of implementing Islamic democracy in Islamic education. The democratic form of Islamic education is as follows: freedom for educators and students. Freedom here includes: (1) freedom to work; (2) freedom to develop potential; (3) freedom of opinion, equality for students in Islamic education, and respect for individual dignity in Islamic education. Next, to find out the democratic implementation of Islamic education through Integralistic education, Humanistic education, Pragmatic education, education that is abolished in Culture. The problem of democracy in Islamic education. The fundamental problem of Islamic education is the lack of clarity in the Islamic education paradigm. The ideological paradigm and the scientific paradigm are mixed in such a complex way that the scientific ideological paradigm develops. As a result, the tradition of creative, dynamic and open scientific thinking in the Islamic tradition, as well as the essence of revelation, is really difficult to develop. Democratic solutions in Islamic education: Changes that need to be made in Islamic education, namely emphasizing that Islamic educational institutions must design alternative, more democratic educational models that are in line with current development needs. The research method used is a basic theory method that uses data from materials that are library research, where the author reads and studies books or literature related to the problem being studied.      

Ikhsan Huzali; Muhammad Sidiq Purnomo

Al-Tarbiyah: Jurnal Ilmu Pendidikan Islam 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

This research aims to explore how transformational leadership is implemented in Islamic boarding schools and how it contributes to improving the quality of education. The research results show that Islamic boarding schools implement transformational leadership by inspiring and motivating all members of the Islamic boarding school community to achieve common goals. This is done through various strategies, including the first, namely human resource development: Islamic boarding schools hold regular training for Asatidz administrators and councils to increase their professionalism in managing Islamic boarding schools and educating students. They are also given the opportunity to attend seminars and workshops outside the Islamic boarding school. The second is motivation and inspiration for students: Islamic boarding schools design various programs to inspire students, such as inter-student mentoring programs and activities inviting inspirational figures. They also provide various extracurricular activities to help students discover and develop their interests and talents. The third is increasing participation in the Islamic boarding school community: Islamic boarding schools hold regular discussion forums involving students, Islamic boarding school administrators and parents. This forum is a forum for sharing ideas, input and concerns that affect the Islamic boarding school as a whole.These strategies have proven effective in improving the quality of education in Islamic boarding schools. Santri show increased academic and non-academic achievements, and they are more motivated to achieve their potential. The Islamic boarding school community is also more involved in supporting Islamic boarding school programs. Transformational leadership is an important factor in improving the quality of education in Islamic boarding schools. By implementing the right strategy, Islamic boarding schools can create an inspiring and innovative environment for all components within them, and help students to develop optimally in various aspects of life and education.