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Mutiara Berta; Nida Handayani

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

Employee performance is a benchmark for an organization or company in assessing the success of an organization. The Secretariat of the Pan Faction of the House of Representatives of the Republic of Indonesia is the main activity of the agency to evaluate the performance of employees and the board. There are problems in this study, namely errors in work, the amount of work that is overloaded because it is not supported by unbalanced human resources, then the problem of missed communication. The purpose of this study is to know and analyze how employees perform at the Secretariat of the Pan Faction of the House of Representatives. This study uses the theory of T.R. Mitchell (1978) in Sedarmayanti (2001) the indicators used in this study are service quality, communication, speed, ability, initiative. This research method uses qualitative descriptive techniques with data collection from interviews, observations and documentation. The results of this study show that the principle of service quality in employee performance pays attention to the servants provided in doing work. In the principle of communication, employees can easily carry out good communication so as to make it easy to be able to understand the goals and words given by employees, but there are still shortcomings in communication, namely missed communication. In principle, speed in doing work as a whole is good enough, where the work is carried out on a schedule that has been set in the planning. In principle, the ability of employees is able to use computer facilities well, but sometimes they are still not careful in their work, causing errors such as data input. Initiative in doing their respective jobs is quite good where employees do not procrastinate work, and help other teams in completing work.

Carla Nggeolima; Siti Ramlah Usman; Yossie M.Y. Jacob

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

This study aims to find out and analyze the legal protection for consumers against the circulation of children's syrup drugs that cause acute kidney failure in BPOM Kupang City. This study is an empirical legal research that is analyzed in a qualitative descriptive manner using primary data and secondary data obtained from interviews and literature studies. The results of this study show (1) legal protection for consumers over the circulation of children's syrup drugs, which causes acute kidney failure which is known that consumer protection in Indonesia currently according to researchers is still not running well. (2) the responsibility of the Food and Drug Supervisory Agency in providing protection for children's syrup drugs that cause acute kidney failure which is known to indicate that BPOM's task of supervising drugs is not effective because there are still many cases of dangerous circulation of children's syrup drugs.

Anjelina Wora Roi Wani; Daud Dima Tallo; Heryanto Amalo

Mahkamah : Jurnal Riset Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to find out and analyze the impact of the overcapacity of correctional institutions on the development of Class II Ende prison residents reviewed from Law No. 22 of 2022. This research uses a type of empirical juridical research by conducting field interviews with the Class II B Ende Prison and its Correctional Assisted Citizens, then conducting a study of literature materials by reading, studying, studying, and analyzing literature to develop an assessment related to the title of this thesis. The results of the study show that the impact caused by overcapacity affects the comfort of WBP due to congestion in residential spaces, affects the psychological well-being of WBP, the difficulty of WBP obtaining access to coaching in the independence development program, and also affects the level of security of WBP and Prison Officers, to overcome that the Class II B Ende Prison makes efforts by implementing matters related to regulations on coaching that stated in Law No. 22 of 2022 concerning Corrections, optimizing the effectiveness of alternative criminal penalties other than prison sentences and evaluating and continuing to develop coaching programs in prisons.

Winda W. Ndolu; Saryono Yohanes; Jenny Ermalinda

Mahkamah : Jurnal Riset Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to find out and analyze the protection of human rights in cases of gender discrimination. This research is a normative legal research using a statue approach, conceptual approach, historical approach and case approach. This research is a research using primary, secondary and tertiary legal materials obtained using literature study techniques. The results of the study show that (1) the form of handling gender discrimination in Indonesia can be carried out by state institutions related to gender discrimination such as the Ministry of Women's Empowerment and Child Protection and the National Commission on Anti-Violence against Women. (2) There are several factors driving gender discrimination in Indonesia, including economic factors, cultural and social factors, legal factors and educational factors.

Melia Hendra; Mayarni Mayarni

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

Lack of supervision carried out by the Padang Panjang City SME Cooperative Trade Service has resulted in several distribution problems such as the scarcity of 3 kg LPG gas, the selling price of 3 kg LPG gas exceeding the HET and the existence of bases that sell 3 kg LPG gas outside the Padang City area. Long. This research aims to find out what causes the scarcity of 3 kg LPG gas in Padang Panjang City, to analyze how supervision has been carried out by the SME Cooperative Trade Service and what are the inhibiting factors in the implementation of supervision using the supervision theory according to Maskan This research uses descriptive qualitative research with data collection methods used, namely interviews, observation and documentation. The results of this research indicate that the supervision of the distribution of 3 kg LPG gas carried out by the SME Cooperative Trade Service has not been carried out well and the factors causing the scarcity of 3 kg LPG gas in Padang Panjang City are the lack of 3 kg LPG gas quota, and the presence of unscrupulous bases who sell the gas out. Padang Panjang City area. The main inhibiting factor in this supervision is the lack of human resources in the Padang Panjang City SME Cooperative Service.

Fauzi Ar Rozi

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

Fatwa DSN-MUI No. 4 of 2000 is a crucial guideline in Islamic banking practices in Indonesia, regulating the fundamental principles and operations of Islamic financial institutions. This study aims to analyze the implementation of the fatwa within the context of Islamic banking in Indonesia, focusing on the challenges encountered and potential solutions. The research methodology involves a qualitative approach with document analysis and interviews with Islamic banking practitioners. Findings reveal that while the fatwa provides clear guidelines, its implementation still faces several challenges, such as differing interpretations of Sharia principles and limited human resources. Proposed solutions include enhanced training for Islamic banking staff and the development of more effective supervision systems to ensure compliance with Sharia principles.

Zainudin Hasan; Ganesya Ganesya

Mahkamah : Jurnal Riset Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Children's integrity is an important aspect that must be built from an early age to prevent corrupt behavior in the future. Family and school are the main factors that have a very important role in building a child's integrity. The family as the first unit has the responsibility to set an example of good character by instilling the values ​​of honesty, responsibility and discipline through open communication. On the other hand, schools act as a formal environment that not only teaches the academic curriculum, but also provides character education and equips children with an understanding of ethics and morality. This research uses a qualitative approach by interviewing parents and teachers and analyzing various literary sources such as books, journals, and so on. The research results show that this collaboration not only increases awareness of the importance of integrity, but also reduces the potential for corrupt behavior.

Angelica Valentina

Mahkamah : Jurnal Riset Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Corruption is a major issue hindering the development of society and the economy in Indonesia. This study discusses the key steps in preventing corruption by emphasizing the importance of building integrity and transparency within the community. Through interviews with various individuals, insights were gained regarding public perceptions of corruption and the measures that can be taken to mitigate it. The findings indicate that education, the instillation of honesty values, and active community participation are crucial in creating an environment free from corruption. This research aims to contribute to the efforts in combating corruption in Indonesia.

Azzahra Natazia Ristina Goce

Mahkamah : Jurnal Riset Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze cryptocurrency investment models in relation to the prevention of money laundering (Anti-Money Laundering/AML) activities. Cryptocurrency, as a growing form of digital investment, has garnered attention from regulators due to its potential money laundering risks. This paper explores preventive strategies that can be implemented within cryptocurrency investment systems, including the use of blockchain technology, KYC (Know Your Customer) procedures, and international regulations such as the Financial Action Task Force (FATF) guidelines. Through a qualitative method based on literature review and policy analysis, the study identifies investment models that can minimize money laundering risks while maintaining profitability for investors. These findings provide insights into the challenges and solutions in developing a safer cryptocurrency investment system that complies with AML regulations.

Felix Eka Firtin Smit Kandun Mas; Sagung Putri M. E. Purwati

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

Writing journal about "death penalty from a criminal and human rights perspectiveis " is to find and describe how the application of death penalty to date, in which there are several countries that apply it to as a payment and even the punishment must be accepted by someone who has violated the provisions of regulations in a country. There are Countries Applied death penalty include China, Saudi Arabia, Iran, the Indonesia and United States. In all countries there are various types of capital punishment, but the most commonly used are shooting and death row Implementation of death penalty in the Criminal Code is only regulated by Article 11 with the compiler R. Soesilo As the formula: the execution of death penalty is imposed by a judicial institution within the military court or general court, with a procedure of being shot to death in accordance with the provisions of Law No. 2 (PNPS) of 1964 However, death penalty contradicts of notion by human rights as described in article 3 of the DUHAM which states that the most extreme form of violation of the right to life is killing or injuring a person or group of people physically or mentally.

Albertus Agung Hagai Beni Parhualar Sidauruk; Fristia Berdian Tamza; Firganefi Firganefi

Mahkamah : Jurnal Riset Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Crime is one of the forms of actions that violate social norms in society. One of the criminal offenses frequently occurring in communities is murder. The focus of this study is to explore the factors that trigger premeditated murder by individuals closely related to the victim and to analyze the efforts made by the police in handling such cases. This research employs an empirical approach, also known as a sociological legal study or field analysis. The respondents in this study include the police officials from Polresta Bandar Lampung, criminal investigators from Polresta Bandar Lampung, and criminal law lecturers from the Faculty of Law at Universitas Lampung. Data were collected through literature reviews and field observations, and analyzed qualitatively. The findings indicate several factors contributing to premeditated murder by close associates, including inadequate economic conditions, low education levels, revenge, and drug use. The police address premeditated murder through both penal and non-penal efforts. Penal efforts involve direct handling of cases by conducting investigations, inquiries, and arrests. Meanwhile, non-penal efforts focus on preventive measures aimed at preventing crimes before they occur. The primary focus of non-penal measures is managing the conditions that trigger criminal acts.

Safitri Saraswati; Noor Saptanti; Jadmiko Anom Husodo

Proceeding of the International Conference on Law and Human Rights 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Human rights are inherent in every human being who has the same rights, including unilateral termination of an agreement, then these human rights are disturbed and not protected. The research method uses normative legal research, namely the doctrinal method, namely inventorying positive law, finding legal principles and doctrines, synchronizing existing laws and regulations and conducting research by reviewing and examining various existing literature. With the Legislative Approach, Historical Approach, Comparative Approach, and Conceptual Approach. The results of the study indicate that unilateral termination of an agreement has the potential to be categorized as an unlawful act if the unilateral termination of the agreement is carried out without a valid reason, violates the principles of propriety and law, and causes losses to other parties. In addition, unilateral termination of an agreement if carried out without a valid reason violates human rights related to the right to legal certainty and human freedom without discrimination.

Redha Rizky

Mahkamah : Jurnal Riset Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Peace agreements play an important role in civil dispute resolution in Indonesia. As a faster, cheaper, and more conciliatory alternative to litigation, amicable agreements are recognized by law through the Civil Code (KUHPerdata) and several other regulations. This research aims to examine the position of peace agreements in the Indonesian civil law system, as well as their legal implications in the context of litigation and alternative dispute resolution. The research method used is normative legal research with secondary data analysis. The results show that a peace agreement has the same legal force as a court decision and can be legally executed. However, peace agreements have limitations in some cases concerning the legal status of a person or the public interest. This research is expected to provide further understanding of the importance of amicable agreements as an effective solution in resolving civil disputes.

Teza Salih Mauludin; Lies Sulistiani; Ajie Ramdan

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

This legal research aims to examine the provisions of criteria/circumstances that are casuistic in the termination of prosecution based on restorative justice. Prosecutor's Regulation Number 15 of 2020 concerning the Termination of Prosecution Based on Restorative Justice mentions the provisions of a quo in Article 5 Paragraph (2) and Article 5 Paragraph (5). The a quo provision in the regulation does not have clear indicators so it is prone to multiple interpretations. The research method used is normative juridical by examining literature materials or secondary data. There are two approaches, namely the legislative approach and the case approach. Data collection techniques are also used interview techniques in the form of questions and answers with the Public Prosecutor of the District Attorney's Office to obtain information that supports this research. The results of the study show that there are no clear indicators of criteria/circumstances of a casuistic nature in the termination of prosecution based on restorative justice has implications for the results of the public prosecutor's decision to consider the application for Restorative Justice. The absence of explanation of the provision was returned to the consideration of the public prosecutor with discretionary authority.  

Allison Dara Dharmawan; Nadira Karisma Ramadanti

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

The enactment of the 2023 Criminal Code shows a change in the direction of punishment in Indonesia. The 2023 Criminal Code emphasises the purpose of punishment on prevention, correction, and restoration of balance, in contrast to the old Criminal Code which was more oriented towards providing deterrent effects. This is proven by the emergence of alternative punishment in the form of supervision punishment and social work punishment. The purpose of this study is to examine whether this alternative punishment is appropriate when viewed from the purpose of punishment and how the implementation of alternative punishment in other countries. This alternative punishment not only provides a more humane and restorative punishment option, but is also expected to overcome the problem of overcapacity of Correctional Institutions (Lapas). In addition, this research discusses the implementation of alternative punishment in other countries, such as the Netherlands and Portugal, which have proven effective in reducing the prison population and recidivism rate. By using normative juridical research method, the author makes the Criminal Code 2023 as the main legal basis to be analysed.

Yoga Permana; Rahma Shinta Azzahra; Nadia Najla Maharani Budiman

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

One of the roles of the Bank Perekonomian Rakyat (BPR) is to provide credit to improve the economic welfare of the lower middle class through micro and small business services. However, the provision of BPR credit is prone to misappropriation, one of which is used as an election campaign fund. This research is a legal research in analyzing the problem using literature study which is analyzed qualitatively. The results obtained from this research are that the misuse of BPR credit used as campaign funding can be suspected of being a criminal act of corruption and money laundering because it is obtained from state finances and there are indications of disguising and hiding money. The source of state finances provided to BPRs can be viewed in terms of state capital participation in the form of securities and the provision of facilities provided by the government. In anticipating campaign funds originating from criminal acts, the Badan Pengawas Pemilu must cooperate with other parties such as the Public Accounting Office to conduct campaign fund audits and related law enforcement officials such as the Pusat Penelusuran dan Analisis Transaksi Keuangan and the Corruption Eradication Commission to prevent and prosecute the use of money from corruption crimes for campaign funding.

M. Kholidul Azhar; Ansori Ansori; Nivarica Aurel Nur Syahputri

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

Bid rigging, an illegal practice that undermines the principles of fair business competition, is widespread in government procurement of goods and services. The actions of business actors who deliberately control tender winners not only harm the state, but also deprive consumers of their right to obtain quality products and services at competitive prices. This research in-depth analyzes the practice of bid rigging in the perspective of Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition, especially Article 22. Using a statutory approach, this research reveals the impact, forms and legal sanctions on the practice. bid rigging in the procurement of government goods and services. It is hoped that the results of this research can provide effective policy recommendations to prevent and take firm action against the practice of bid rigging, so as to create a healthy and fair business competition climate.

Aditya Joshua Panggalaha; Rudepel Petrus Leo; Darius A Kian

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

The purpose of this study is to analyze the implementation and obstacles in granting remission to prisoners in Class II A Kupang Correctional Institution. This research is empirical juridical research, which is a type of sociological legal research that examines the applicable legal provisions and has occurred in community life with the type of data used is primary data obtained through interviews and documentation, and secondary data that provides information and is complementary to the primary. The data is analyzed descriptively-qualitatively. The research was conducted at Class II A Kupang Correctional Institution. Based on the results of the study, it can be concluded that the implementation of the granting of remission at the Class II A Kupang Correctional Institution is that Remission is a reduction in the period of serving a sentence given to prisoners and children in conflict with the law (children) who meet the requirements in the legislation. The obstacles faced by Kupang Class II A Correctional Institution in the implementation of remission are administrative factors, institutional factors, facilities and infrastructure factors.

Matheus Paulino Mude Kiok; Thelma S.M. Kadja; Rosalind Angel Fanggi

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

This study aims to find out and analyze the criminological review of the crime of trafficking in persons studied in Ende Regency The type of research used in the study is empirical juridical research. Empirical Juridical Research, where prospective researchers conduct research in the field. Data collection technique by conducting interviews with 3 resource persons. As well as the data analysis techniques used, namely descriptive-qualitative analysis. The results of this study show that: (1) The factors that cause the occurrence of trafficking in Ende Regency. Namely, (a) Financial emotional pressure, (b) Lack of legal and moral awareness, (c) Poverty and economic inequality, (d) Lack of education and employment opportunities, (e) social and cultural, (f) family. (2) Efforts to combat trafficking in Ende Regency. In an effort to overcome trafficking in Ende Regency through 3 efforts, Preemptive, Preventive, and Repressive.

Alya Amirunnisa Pusadan; Irawaty Igirisa; Fenti Prihatini Dance Tui

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

This research aims to analyze the organizational culture at the Representative Office of the Audit Board of the Republic of Indonesia in Gorontalo Province. This research uses a qualitative research approach. The data collection techniques include observation, interviews, and documentation. The data analysis techniques involve data reduction, data presentation, and conchading. The results of the research indicate that the organizational culture at the Representative Office of the Audit Board of the Republic of Indonesia in Gorontalo Province is analyzed hased on the research focus and sub-focus, which involves seven principles of organizational culture, such as innovation, the team orientation, the result orientation, and the member orientation. Morcover, the principle of aggressiveness has been well-implemented, Furthermore, the principle of innovation is demonstrated by the existence of web pages for cach sub-division that the employees can access. The principle of meticulousness is shown in the public relations division, where employees must carefully draft letters, particularly in the letters' numbering system. Additionally, the principle of team orientation is observed, where employees are divided into groups tasked with conducting audits in the Gorontalo Province. These groups focus on both result orientation and member orientation. Result orientation includes work plans that most be achieved within five years, while member orientation includes the requirement for employees to participate in training to develop their capacities. The principle of aggressiveness is reflected in how all employees are expected to meet deadlines to achieve the set targets. However, the principle of courage is not yet fully optimized because some employees hesitate to try new things and are reluctant or fearful to express their opinions.