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Nethasya Tri Ananda Sianturi; Muhammad Husni Thamrin

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Public service is any form of service or service provided by a government or public institution to the public in general. Administrative services are intended to facilitate the needs of citizens in administrative matters such as identity cards, business permits and other administrative services. This study aims to analyze the performance of administrative services in Kantor Lurah Sei Putih Tengah and to observe any obstacles that are inhibiting the functional performance in this Lurah Office. It shows that there are still obstacles in the performance in the administrative service in Kantor Lurah Sei Putih Tengah. The research method used is a descriptive method with a qualitative approach aimed at understanding in depth how and why a phenomenon occurs, as well as to dig the meaning contained in it from the point of view of the subject being studied. Data collection is done with interviews, observations, and documentation techniques. The results of the study show that the officers of the Kantor Lurah Sei Putih Tengah have performed their basic duties and functions fairly well. It's seen from the division of work that's not just accumulated in one of the officers. Lurah as head of office and secretary lurah as chief of office has done his job while monitoring and overseeing his employees. In terms of timing, it appears that the Lurah Sei White Office has already tried to complete the letter on time but there are still frequent delays because Lurah is often not in the office and can not sign the letter. In the case of typing also Lurah Sei White Central Office still frequently occur typing errors caused by the number of files that come in with the same deadline so that the lack of concentration resulted in typing mistakes to writing errors on the file. Kantor Lurah Sei Putih Tengah has performed its administrative tasks quite well but not to the maximum.  

Imelda Kusuma Sari; Rusmilawati Windari

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Narcotics crime in the military environment is a serious offense that not only violates general criminal law, but also violates the code of ethics and discipline of Indonesian National Army (TNI) soldiers. This study aims to analyze the basis of the judge's consideration in imposing additional punishment of dismissal against TNI soldiers who commit narcotics crimes. The research method used is normative legal research using a statutory approach and a conceptual approach where cases that have permanent legal force (inkracht van gewijsde) are studied by the author from the judge's consideration to the verdict. The results of this study indicate that the rationality of the judge's consideration in imposing additional punishment of dismissal is based on several fundamental aspects: (1) The impact of actions on military institutions (2) Factors of violation of the code of ethics and discipline of TNI soldiers (3) Consideration of professionalism and integrity of TNI soldiers.

Cinantya Dwestyola; Nada Amira

Majelis : Jurnal Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Notaries can join together and run a civil partnership together with other fellow Notaries. However, it is explained in the UUJN, the notary civil partnership is not completely the same as the civil partnership contained in the Civil Code. The purpose of this study is to analyze the responsibility of Notaries in carrying out Notary civil partnerships and the impacts caused by the existence of Notary civil partnerships. This research is processed with a normative juridical approach method, namely by looking at law as a set of regulations/rules or doctrines that have a normative nature (law in book). As a result of the problem, each Notary remains individually responsible for what is done and the legal products made as well as the confidentiality of the contents of the deed become the individual responsibility of the Notary and there are positive and negative impacts of the existence of a Notary civil partnership becoming a common concern for Notaries to become members of the Notary civil partnership.

Felen Felen

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

In line with the concept of a welfare state, Indonesia, as a country, is obligated to implement and ensure the welfare of its citizens, including in the national healthcare sector. To ensure the inclusivity of national health coverage, the government, through the BPJS Kesehatan agency, has established the National Health Insurance (JKN) program, which is mandatory for all citizens, as stipulated in Indonesian legislation. However, the effort to achieve inclusivity may become biased if there is no clear regulation regarding the rights of participants and the obligations of healthcare providers, who play a crucial role in this process. Under Indonesian positive law, the rights of JKN participants are thoroughly regulated, as are the obligations of healthcare providers. However, based on observed phenomena, there are still violations of these obligations by healthcare providers, leading to the neglect of participants' rights. This research aims to raise awareness among stakeholders and provide a foundation for future research. The type of research used in this paper is normative legal research, which focuses on the analysis of legal norms.

Isti Puspitasari

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

The purpose of this research is to examine and analyze the validity of scientific crime investigation as evidence in the process of proving murder cases and what are the advantages and disadvantages of using the scientific crime investigation method in crime scene processing carried out by forensic laboratories. Then the method used in this research is the normative legal research method. The results of the study show that the scientific crime investigation method, which is expressed in concrete form through forensic laboratory examinations and information from police forensic experts, is the central point. In connecting the relationship between the perpetrator, victim and evidence with the crime scene, the construction of evidence for a criminal act becomes stronger and can give confidence to the judge in deciding a case fairly and in accordance with the actual facts. In the case of the crime of murder with poison, the statements of the witnesses and the statements of the two defendants were linked and interconnected with each other after the scientific crime investigation method was applied; The advantages and disadvantages of using scientific crime investigation methods in crime scene processing carried out by forensic laboratories include. The advantages and disadvantages of using scientific crime investigation methods in crime scene processing carried out by forensic laboratories include: (1). The advantage of implementing scientific crime investigation is that uncovering cases using old methods full of violence, intervention, etc. has been abandoned. (2) Fast, precise and accurate inspection supported by special tools that have been internationally standardized, (3) Minimizing errors made before SCI implementation (manual patterns replaced with digital patterns). Meanwhile, the weaknesses are: Internal side of the SatKer (Work Unit): the number of human resources who supervise and understand the use of Special Tools (Alsus) is limited, the special equipment, both primary and secondary, is expensive. If we look at the human resources that this country has, it should be enough to assist the Forensic Laboratory team in supervision and are people who understand the special tools that support the performance of the Forensic Laboratory. Apart from that, the government should be more respectful of the procurement of these special tools, even though not everyone has to always use these special tools. However, these tools are very useful for the smooth running of investigations and/or investigations. Because the resulting examination data is much more detailed and accurate.

Riyanto Riyanto; Handar Subhandi Bakhtiar

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

The rapid development of technology has facilitated daily human activities, one of which is the existence of digital financial systems for transactions and investments, with Bitcoin being one of the products of digital currency. The purpose of this research is to carefully examine and analyze the role of digital forensics in efforts to trace the proceeds of corruption crimes that have been converted into Bitcoin. The legal research method used is a normative juridical approach, conducting research on library materials and utilizing the Statute Approach and Case Approach. The results of the research conclude that digital forensics is an important process in legal investigations involving the identification, collection, analysis, and preservation of digital evidence from electronic devices.

Munsen Bona Pakpahan; Fajar Fajar; Agustin Agustin

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The application of main and additional criminal witnesses in the PTPK Law has become firm with the existence of legal norms for the return of state financial losses that do not eliminate the criminalization of the perpetrators of criminal acts but only factors that alleviate punishment. This is important so that there is no disparity in punishment. And likewise punish paying restitution if the act is committed jointly, so that a sense of justice occurs,The research method used is normative juridical. Which type of data used is primair legal material obtained from all publications on law, literature that is not an official document. Publications about the law include, among others, the internet, textbooks, law journals, articles, comments, court regulations and other sources; The types of criminal sanctions in the PTPK Law, namely in the form of principal punishment and additional punishment in the form of restitution, are closely related. Aspects of the amount of state financial losses, aspects of the perpetrator's guilt, aspects of the benefits obtained by the perpetrator, the impact caused by the perpetrator and the return of losses made by the perpetrator. Such is the case in imposing additional punishment in the form of paying restitution. In the PTPK Law, the amount of restitution is interpreted as “not merely assessing state financial losses, but assessing how much money is actually received by the perpetrator”, so that the imposition of restitution is in accordance with objective and proportional principles. Likewise, the imposition of restitution in the case of corruption crimes committed jointly and tried simultaneously, the additional restitution cannot be imposed jointly.

Rayhan Amelia Putri; Rizky Fauzi

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Investment encouragement is needed in the tourism sector involving participation from the community, businesses, as well as local and central governments. This collaboration is crucial to ensure a shared commitment to developing the tourism potential with sustainable growth and positive impact. The "Jakarta 101" advertising campaign has produced a video showcasing three unique local tourist destinations in Jakarta, each with its own distinct characteristics, hidden gems, and profound meanings. One of them is a coffee shop that employs individuals with disabilities, adding a unique dimension to its significance. Additionally, Jakarta boasts an educational museum with knowledgeable guides explaining its historical artifacts, along with other educational spots focused on environmental care and recycling, previously plagued by high crime rates. In this advertising campaign, a copywriter is responsible for the pre-production stages, including scriptwriting and formulating interview questions for the speakers. The copywriter plays a pivotal role in designing the advertising communication concept, maintaining brand consistency, and supporting the brand experience in various scenarios. The role of a copywriter increasingly demands digital and technological skills due to the evolving times. This research aims to enhance the skills of copywriters in creating the "Jakarta 101" advertising campaign and provide fresh insights into the role of copywriters in content creation. Copywriting in advertising holds a crucial role, serving as a bridge between potential consumers and the purchasing decision.

Ahmad Muhamad Musain Nasoha; Ashfiya Nur Atqiya; Desy Indah Pratiwi; Rachmanda Putri; Sabil An Naim

Majelis : Jurnal Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Pancasila, as the ideology of the Indonesian nation, plays a crucial role in guiding both individual and collective life. As a worldview rooted in the nation's cultural values, Pancasila reflects local wisdom, acknowledged for its truth, and serves as a foundation for maintaining consistency in thought and action amidst Indonesia's plural society. This article employs a qualitative research method with philosophical and sociological approaches, utilizing literature reviews and critical analysis of various sources related to ideology and national values. The findings reveal that Pancasila possesses unique characteristics distinguishing it from other ideologies, particularly its ability to accommodate diversity without disregarding universal values. All principles of Pancasila are proven to be logical, relevant, and applicable in addressing social, political, and economic challenges, thereby reinforcing its role as an ideal guide for the Indonesian people. These findings affirm Pancasila’s distinctiveness as a unifying ideology adaptable to the dynamics of the times.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Dista Suryana Putri; Rindi Rahayu; Teuku Ardhan Wardhana

Majelis : Jurnal Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Handling terrorism cases in Indonesia requires a careful approach considering the diversity of applicable legal sources, especially Islamic Law and Pancasila. This article explores harmonization efforts between the two legal systems in the context of countering terrorism. Islamic law, with its principles that emphasize justice, security and protection of society, offers an approach based on restoration and enforcement of social norms. On the other hand, Pancasila as the basis of the state and national ideology provides a normative framework that emphasizes unity, social justice and human rights. This study analyzes how the principles of Islamic law can be integrated with the Pancasila legal framework to create an effective legal system in dealing with terrorism. The research focus includes a review of existing laws and regulations, policies for handling terrorism, as well as the implementation and implementation of the law in practice. This article also identifies challenges that may arise in the harmonization process, including potential conflict of norms and differences in interpretation between Islamic Law and Pancasila. This study aims to provide strategic recommendations for policy makers and law enforcement officials to create a more holistic and harmonious approach in dealing with terrorism. It is hoped that the integration of the values of Islamic law with the principles of Pancasila can strengthen efforts to prevent and overcome terrorism, as well as maintain the diversity and unity of the nation. Thus, this research contributes to the development of legal policies that are more inclusive and fair, in accordance with the Indonesian social and cultural context.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Zhelika Wahyu Wardhani; Jovita Dwi Kusumastuti; M. Adil Hakim Al Hadi

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Indonesia's constitutional reform since 1998 has brought significant changes to the governance system, legal framework, and the protection of civil rights. This study analyzes the impact of the reform on civil rights protection, focusing on the legal and policy dynamics in the post-reform period. Key changes include the amendments to the 1945 Constitution, decentralization of power, and the strengthening of state institutions such as the Constitutional Court. While the legal framework for human rights has been reinforced, challenges persist, including the harmonization of regional and national regulations and corruption, which undermines public access to basic rights such as healthcare, education, and justice. Decentralization often produces discriminatory policies against religious, ethnic, and sexual minorities, while past human rights violations and identity politics exacerbate social tensions. This study employs a normative method with historical and juridical approaches. To enhance civil rights protection, improved oversight of regional regulations, the abolition of discriminatory policies, anti-corruption measures, and transitional justice mechanisms for addressing past human rights violations are essential. Strengthening civil society and judicial reform are also critical steps toward achieving more effective and equitable civil rights protection.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Alfia Nur Khasanah; Fina Amalia Nadi; Lulu’ah Ukhti Isnaini

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to explore and analyze the relationship between Pancasila, as the foundation of the Republic of Indonesia, and international principles of justice and equality. Pancasila, which consists of five precepts that reflect the basic values of the Indonesian nation, is expected to serve as a guideline in the application of the principles of social justice and equal rights in the international context. This study uses an analytical approach to evaluate how Pancasila aligns with various international conventions and standards related to human rights and social justice. It also discusses the challenges and opportunities in integrating Pancasila values with global norms, as well as its impact on Indonesia's public policy and international relations. The results show that while there is significant alignment between Pancasila and international principles on justice and equality, there are some challenges in its implementation that need to be addressed to ensure better harmonization between national and international norms.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; M Aufa Mujtaba; Nur Azizah Choirun Nisa; Nanda Ambika Fatikasari

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

Poverty among foreign nationals is an increasingly pressing global issue that is often overlooked in public policy. This study examines government policies designed to address poverty among migrants and refugees and their impact on their economic well-being. The main focus of the study is to highlight the effectiveness of different policy approaches that have been implemented in different countries and identify best practices that can be adapted to different national contexts. Through an analysis of existing policies in several countries, including Germany and Canada, and relevant case studies, the study finds that approaches based on social and economic integration, employment, and direct assistance can play a significant role in reducing poverty among foreign nationals. The results show that policies that involve collaboration between governments, non-governmental organizations, and local communities are often more effective in achieving the desired outcomes. This study aims to provide evidence-based recommendations for future development policies that are more inclusive and effective. In doing so, it is hoped that this study will contribute to improving the economic well-being of foreign nationals and assist governments in designing policies that are more responsive to the needs of this group.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Maulana Zidane Saputra; Paramitha Maulida Sifa; Ika Diyah Mawarni

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

Purpose of the Study :This study aims to explore the challenges of multiculturalism in Indonesia within the context of citizenship and the recognition of local cultures. It focuses on how cultural diversity can be managed to form an inclusive national identity and address issues such as marginalization, homogenization, and ethnic conflicts. Methodology : The research employs a literature review and qualitative analysis of primary and secondary sources. Data was gathered through a review of existing literature, interviews with community leaders, and observation of public policies related to multiculturalism in Indonesia. Findings : The study reveals that marginalization of local cultures and homogenization due to globalization are major challenges. Conflicts between ethnic groups have also increased due to tensions related to cultural and economic differences. Current public policies do not fully reflect the country's cultural diversity. Conclusion : To address these challenges, it is necessary to strengthen multicultural education, preserve local cultures, and foster intercultural dialogue. Effective management of globalization's impact is also crucial to maintaining cultural diversity. With these measures, Indonesia can build an inclusive and harmonious national identity while reinforcing social cohesion.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Fadilah Isnaini Rahayu; Hayu Diva Lintang; Andreyan Ahmad Dani

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

This research analyzes the role of Pancasila in criminal law reform in Indonesia, particularly in relation to corruption and terrorism. Using a normative juridical approach and qualitative analysis of regulations, court decisions, and scientific literature, this research also applies the case study method. Data was collected through official documents and interviews with legal experts and law enforcement. The results revealed a gap between Pancasila values and existing legal practices, with challenges especially in fair law enforcement. The research highlights the need for community participation and strengthening the integrity of public officials for successful reform, as well as the importance of a holistic approach that includes legal education and continuous policy evaluation.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Imro’atus Sholikhah; Sri Hafsari Fakriyah; Khansa Naila Nurhusna

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Dual citizenship presents a multifaceted issue for many nations,including Indonesia,especially in the context of increasing globalization and international mobility.Under Indonesia’s Citizenship Law No.12 of 2006,only single citizenship is recognizet,which poses various legal and administrative challenges for individuals holding dual citizenship.This study investigates the constitutional and human rights issues surrounding dual citizenship in Indonesia,examining the difficulties arising from the country’s single citizenship policy ang exploring potential solutions.The focus is on legal reforms,the implementation of international treaties,and enhanced international cooperation as means to address these challenges.Findings suggest that revising the Citizenship Law,integrating relevant international treaties,and improving public education on dual citizenship could significantly improve rights protection.The study advocates for Indonesia to consider legal reforms and strengthen international collaboration to better manage and fairly address the complexities of dual citizenship.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Auria Trisi Novi Ana; Ari Maulana Ramadhan; Luthfiah Luthfiah

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Citizenship and education policies in Indonesia play a crucial role in determining children's rights and access to quality education. However, challenges arise when addressing children with unclear citizenship status, such as those born to parents without permanent citizenship or those caught in ambiguous legal situations. This abstract examines how the uncertainty of citizenship status affects the access to and quality of education for these children in Indonesia. The study highlights major issues faced, including limited access to formal schooling, lack of adequate official documentation, and legal instability that restricts educational rights. Additionally, it explores existing government policies and the challenges in implementing them concerning the protection of educational rights for children with unclear citizenship status. The findings reveal the need for more inclusive policy reforms and effective strategies to ensure that all children, regardless of citizenship status, can enjoy their right to quality education. The study suggests a more holistic, human rights-based approach to addressing these issues and advocates for enhanced collaboration between government agencies, civil society, and international organizations to develop sustainable solutions.

Ashfiya Nur Atqiya; Ahmad Muhammad Mustain Nasoha; Isnaini A sifa Rohmah; Ahmad Abdul Aji Setiawan; Davina Intan Nur Fadila

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the legal protection for stateless persons within the framework of citizenship and human rights. The focus is on assessing the effectiveness of international legal frameworks and national policies in safeguarding the fundamental rights of individuals without citizenship. The research employs a qualitative analysis of key legal instruments, including the 1954 Convention Relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness, alongside case studies of policy implementation across various countries. The findings reveal that, despite a robust international legal framework, there are significant gaps in implementation and enforcement, leading to ongoing discrimination and human rights violations against stateless persons. The study recommends comprehensive policy reforms and enhanced international cooperation to improve legal protection for this vulnerable group.

Kiki Reskia; Rahmah Agustiani; Luluk Endang Nurrokhmah

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the quality of services at the Integrated Police Service Center (SPKT) of the Biak Numfor Police Department in improving public satisfaction. This research employs a qualitative narrative method with samples including the Head of SPKT of the Biak Numfor Police, police officers assigned to the SPKT, and community members who received SPKT services. The data collection instrument used was interviews. The findings indicate that the services provided by the Biak Numfor Police officers, particularly in terms of attitude, communication, and fairness, have been satisfactory. The friendly demeanor of the officers, such as smiling while receiving reports or complaints, leaves a positive impression on the community. However, certain aspects of the service remain below public expectations, including timeliness in following up on reports, clarity in case resolution, and officer discipline in service delivery. Additionally, there were some practices perceived by the community as lacking consistency, which affected the overall service quality. According to public surveys, these issues result in less-than-optimal satisfaction with the services at SPKT Biak Numfor Police.

Ashfiya Nur Atqiya; Ahmad Muhamad Musta’in Nasoha; Shinta Bunga Islami; Wildan Mukti Ramadhan; Arum Budi Utami

Majelis : Jurnal Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

: Pancasila is a philosophical system that is the ideological basis of the Indonesian state. This concept represents a collection of fundamental values that have guided the formation and development of this country since its independence in 1945. Pancasila is not just a political ideology, but also a philosophical framework of thought that integrates five main principles: Belief in one Almighty God, Just and Civilized Humanity, Indonesian Unity, Democracy Led ByWisdom in Deliberation/Representation,  and  Sosial  Justice  for  All  Indonesian  People.  In  this  article,  we  will investigate the orgins, development and relevance of Pancasila in the Sosial, polotical and cultural context of Indonesian. In addition, we will explore how Pancasila as a philosophical system has shaped state policy, defined national identity, and played a role in promoting moral and ethical principles in peoples daily lives.