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Mundakir, Akhmad; Fitri, Dini Amalia

DINAMIKA HUKUM 2024 Universitas Stikubank

Civil society is a socio-political construct that places Islam and the State in a state of mutual need, namely, Islam, on the one hand, as a moral guide for state management, and the State, on the other, as a foundation for Islamic values. This conception refers to the significant amount of the Medina-built society of the prophet Muhammad and Khulafaurrasyidin, which consists of five key pillars: monotheism, humanism, deliberations, justice, and Brotherhood. This artiicle aims to investigate how civil society interacts with the growth of political democracy in Indonesia. The researcher used descriptive qualitative techniques in this investigation by analyzing primary data collected from library studies. The data were processed using discourse analyzes and hermeneutic analysis techniques. Besides, the researchers used the historical, sociological, philosophical, and theological convergence approach. The article result revealed that the process of consolidating and improving political democracy in Indonesia remained bureaucratic and did not wholly represent civil society characteristics.

Ghofar Syafri Hudzaifi

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The culture of corruption that is pervasive in Indonesian society presents major challenges for Correctional Institutions, especially in maintaining financial integrity. The prison treasurer has a strategic role in responding to this phenomenon through a series of steps such as implementing a transparent financial management system, increasing strict internal supervision, and regular training for employees regarding ethics and integrity. Apart from that, community involvement and collaboration with external institutions are also needed to strengthen accountability and ensure that efforts to eradicate corruption are effective. Through a comprehensive and collaborative approach, prisons strive to create an environment that is clean and free from corruption. These efforts are not only focused on internal reform, but also on strengthening relations between government institutions, civil society and the private sector, in order to build a system that is more accountable and has high integrity. In the midst of existing progress, significant challenges still hinder this effort, but multidimensional efforts are expected to provide long-term positive impacts.

Juan Felix Emanuel

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Corruption is a serious challenge faced by Indonesia especially Bandar Lampung city, hampering development, undermining public institutions, and reducing public trust in the government. Efforts to prevent and address corruption are not only the responsibility of state institutions, but also require the active participation of various stakeholders, including civil society, the private sector, and the media. This article highlights the importance of collaboration between stakeholders in preventing and addressing corruption. By analyzing various collaborative initiatives that have been successfully implemented in several regions in Indonesia, this article shows that citizen involvement can strengthen the effectiveness of anti-corruption policies, increase transparency, and encourage public accountability. The role of citizens is crucial as social monitors who participate in monitoring the implementation of anti-corruption policies and programs implemented by the government. The success of efforts to eradicate corruption is also determined by the synergy between related institutions and the active involvement of the community. With organized and mutually supportive cooperation, it is hoped that efforts to prevent and handle corruption can be more effective and sustainable, thus strengthening clean and accountable governance in Bandar Lampung City.

Andini Zaskia Karim; 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 criminal liability for military members who commit criminal acts of persecution together that result in serious injuries in the Jurisdiction of the Military Court III-15 Kupang. This research uses an empirical juridical approach, which is research whose data is obtained through efforts to investigate the reality in social life. The results of the study show that criminal liability in the Crime of Persecution committed by Military Members against civilians is resolved according to military disciplinary sanctions, namely temporary detention and administrative sanctions, and is also resolved by criminal sanctions, namely the Defendants are subject to 351 paragraph (2) Jo Article 55 paragraph (1) to 1 of the Criminal Code with a prison sentence of Defendant-1 for 1 (one) year and 2 (two) months,  Defendant-2 for 10 (ten) months and Defendant-3 for 8 (eight) months is reduced as long as the Defendants are in temporary custody. The Judge's consideration in imposing a verdict on the criminal act of persecution against civilians based on decision number 17-K/PM. III_15/AL/2023 uses 2 (two) types of considerations, namely Juridical Balance, which is based on the indictment of the Military Inspector, the testimony of witnesses, the testimony of the defendants, and also the existence of several pieces of evidence, while the consideration of Non-Juridical considerations is based on matters that can be aggravated and things that can be mitigated.

Ayu Wulandari; Siti Ramlah Usman; Helsina Fransiska Pello

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Installment Credit with Fiduciary System at Pegadaian (Pawnshop) is quite popular among the public, especially for small and medium enterprises, as it provides easy and fast financing services. The purpose of this study is to understand the implementation of the Fiduciary System Installment Credit Agreement at PT. Pegadaian Larantuka. The theoretical benefit of this research is to provide information for the development of legal knowledge, particularly in the field of civil law regarding Fiduciary System Installment Credit at pawnshops, while the practical benefit is to contribute ideas and suggestions for relevant stakeholders, especially customers. The research method used is empirical research. The data used in this study are based on the relevance of the data sources, which include primary, secondary, and tertiary data. The results of the study indicate that the implementation of the fiduciary system installment credit agreement at PT. Pegadaian Larantuka is offered to individuals who have been running a business for at least one year. The process starts with the prospective customer applying for credit, followed by Pegadaian analyzing the applicant's profile. The prospective customer then completes the necessary requirements and signs an agreement form, binding both parties to a specific object. The factors hindering the proper implementation of the KREASI agreement are typically caused by the customer or debtor's default, which may result from financial issues, negligence, economic conditions, or other unforeseen circumstances.

Sara Christiany Nggauk; Orpa J. Nubatonis; Chatryen M. Dju Bire

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

The use of anime as a business mark without the permission of the creator or copyright holder of the anime is an infringement of copyright. Copyright infringement of the use of anime as a business mark may be subject to criminal sanctions and/or civil sanctions. The type of research that the author uses is Normative legal research (Library Research) which is carried out by examining library materials (secondary data) or legal materials such as reviewing theories, laws and regulations (law in book) related to this writing through literature studies. The legal consequences of using anime as a business brand without permission can be subject to sanctions which are based on Law Number 28 of 2014 concerning copyright described in Article 9 paragraph (1), Article 112 paragraph (1), Article 113 paragraph (1), also in Law Number 20 of 2016 concerning trademarks and geographical indications which are regulated in Article 100 paragraph (1), (2) and (3).Before using anime as a trademark, business actors must ensure that they have obtained official permission from the copyright holder to avoid the risk of legal sanctions.

Dewi Maesyaroh; Sulistyanta Sulistyanta

Prosiding Seminar Nasional Ilmu Pendidikan 2024 Asosiasi Riset Ilmu Pendidikan Indonesia

Law Number 1 of 2023 about Criminal Code (KUHP), standardizes the criminalization of insults head of state Indonesia, particularly in Articles 217 to 220. The rule is considered contradictory because it can limit criticism toward the government. This study aims to examine regulations akining castigations against the President and Vice President and evaluate the impact of criminalization on freedom of expression and human rights. The research method utilized normative legal research conducted by reviewing literature and focusing on the democracy principles, freedom of speech, and civil rights. The study results show that the criminalization of offences aim the President and Vice is considered a mechanism check and conducive balance, ensuring that criticism against the President is conveyed responsibly without violating ethics, and maintaining the honor and dignity of the president. In conclusion, insulting the President provokes great consequences, in regard to the constitution, freedom of speech is not as limitless, and not absolute and must be rationated by the human rights of others. Therefore the rules concerning the criminalization of insults aim the President and Vice are suitable to maintain stability and public interest and belongs to the process of legal reform.

Apri Aji Setyawan; Zainal Arifin Hoesein

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

This article examines the impact of the common law legal system on the development of law in Indonesia, focusing on how elements of the system have influenced national legal practice and theory. This study uses a qualitative approach through document analysis and literature studies related to the history of Indonesian law and legal practice in common law countries. The results of the study indicate that although Indonesia adheres to a civil law legal system, the influence of common law is visible in certain aspects, such as the principle of precedent, legal interpretation, and the application of customary law. In addition, this study also explores how the integration of common law elements can enrich the dynamics of Indonesian law, especially in the context of legal reform and the achievement of substantive justice. With a better understanding of this influence, it is hoped that recommendations can be produced for the development of a legal system that is more responsive and adaptive to the needs of society.

Agustina Waromi; Jumadi Jumadi; Veronia Dora Wesso; Pitronela Sahetapy

Riset Ilmu Manajemen Bisnis dan Akuntansi 2024 Asosiasi Riset Ilmu Manajemen Kewirausahaan dan Bisnis Indonesia

Human resource development both those working in the public sector (Civil Servants, SOE Employees, BUMD Employees) and sectors.  Talking about organizational problems is inseparable from the element of human resources. The definition of human resources is people in an organization who participate and contribute according to their respective fields of duty. Human resource development will indeed not see results quickly, but in the long term, this investment will yield results that meet the expectations of the organization.In this sense, the term development will include the meaning of training and education, namely as a means of improving skills and general knowledge for human resources, in this case Civil Servants who work at the Fakfak Development Planning Agency. In the work unit at the Fakfak Development Planning Agency, it can be achieved well if there is a Civil Servant development program.This study aims to find out the influence of human resource training and development factors on the productivity of civil servants on the Fakfak Regency BAPPEDA and to find out the most dominant variables of human resource training and development factors affecting the productivity of civil servants in the Fakfak Regency BAPPEDA.The research methods used are quantitative and qualitative research methods. Based on the results of important findings of the Civil Servant Development Method research, there are 2 (two) methods of employee development, namely the on the job training method and the off the job training method.

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.

Anugrah Septrianta Sitepu; Jefrizal Shadli Karo-Karo; Rosmalinda Rosmalinda

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

Inheritance law is a law that regulates the transfer of assets left by a deceased person and its consequences for his heirs. Inheritance law is one element of customary law in Indonesia. The patrilineal principle, in which inheritance prioritizes the male lineage, is upheld in Batak inheritance law. According to Batak customary law, men and women are treated differently. The type of research is normative juridical. The data source is a secondary data source. The nature of the research is descriptive analytical. Data collection techniques are literature studies and document studies. Data analysis uses a qualitative approach method. The purpose of this study is to determine the influence of the Batak customary law system as a source of inheritance law in Indonesia, and to determine the implementation of Batak customary law on inheritance law in Indonesia. The inheritance system in Batak society adheres to the Patrilineal Principle. In this principle, the position and influence of men in Batak customary inheritance law are very strong. According to civil law, inheritance is defined as a set of legal provisions that regulate the general legal consequences in the field of property law arising from a person's death. Based on this theory, it can be concluded that the position of Batak boys and girls in the inheritance distribution system and the application of customary law in the distribution of inheritance for boys and girls is in harmony. The Batak Toba customary inheritance law is the basis for the distribution of inheritance in its unique society. Its teachings that include inheritance flowing through the male line are cassation and dakdanak. According to the Batak Toba inheritance law, this uniqueness gives the status of first heir to the eldest son of the family, thus giving him his own identity. The customary inheritance law system in Indonesia generally tends to follow positive legal norms, although the principle of dakdanak emphasizes more on justice in the distribution of inheritance. However, when the legislation on Batak Toba customary inheritance is included in the framework of affirmative legislation, the situation becomes complicated. The principles of positive law that respect women's inheritance rights, especially those related to inheritance of movable property, conflict with the Batak Toba customary law system which automatically inherits property to sons from the paternal line. Positive law attempts to take this understanding into account, but there are still potential problems due to the fundamental differences between the two legal systems that must be resolved.

Rahmatia Muhsin; Rosman Ilato; Irawaty Igirisa

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

Quality of Public Service in Issuing Birth Certificates at the Population and Civil Registration Office of Gorontalo City. Undergraduate Thesis. Bachelor's Degree Program in Public Administration, Universitas Negeri Gorontalo. The Principal Supervisor: Dr. H. Rosman Ilato, M.Pd. The Co-supervisor. Dr. Irawaty Igirisa, M.Si. This study aims to evaluate and analyze public service quality in issuing birth certificates at the Population and Civil Registration Office of Gorontalo City. The study was conducted by assessing the service through the dimensions of tangibles, reliability, responsiveness, assurance, and empathy. Furthermore, it was conducted using a qualitative research method, utilizing observation, interview, and documentation data collection techniques. The findings reveal that the overall quality of public service, specifically within the Population and Civil Registration Office of Gorontalo City, assessed across five dimensions, are as follows: Tangibles are found to be lacking in facilities and infrastructure, such as seating, parking space, additional computers, and other informational media beneficial to the public. Reliability is noted as a concern, as staff are unable to provide accurate timelines for document processing. Responsiveness is adequate, with staff demonstrating a responsive attitude toward serving the public. Assurance remains suboptimal due to issues with service timeliness, and empathy is adequately demonstrated, with staff maintaining courteous interactions. Based on this analysis, it can be concluded that the quality of public service in the issuence of birth certificate at the Population and Civil Registration Office of Gorontalo City is not yet optimal. The researcher suggests that future improvements in facilities and infrastructure, along with enhanced staff performance, will lead to more efficient and reliable document issuance, reducing the need for repeated follow-ups by the public.

Fahriza Fajar; Adawiyah Nasution

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Honorary staff are people appointed by civil service officials within local government agencies to assist with the duties of the State Civil Apparatus so that their obligations are the same and their income comes from the APBD. Honorary staff are employees who work in government agencies but are not included in the State Civil Service. Honorary workers have not been appointed as permanent employees and still receive payment for their services in the form of an honorarium, not a salary. Regional heads include the Governor, Mayor and Regent as well as the DPRD as regional head partners. This research was conducted using normative juridical research methods. The data collection methods used by the author are interviews and literature study. Interviews are data collection techniques carried out face to face and direct question and answer between researchers and sources, while literature studies are data processing carried out by systematizing written legal materials using a regulatory and case approach. The results of this research show that honorary staff often experience injustice at work. This is indicated by the termination of employment relations by regional heads as happened at the Serdang Bedagai Regency DPRD Secretariat agency. Honorary workers have legal status and protection as regulated in Law Number 20 of 2023. The implementation of this research is that the Government needs to create and implement clear regulations to protect the rights of honorary workers.

Alfons Umbu Awang; Adelbertus Umbu Jangga; Alexander Talo Popo

Polygon : Jurnal Ilmu Komputer dan Ilmu Pengetahuan Alam 2024 Asosiasi Riset Ilmu Matematika dan Sains Indonesia

The increasing population growth with uneven distribution and low population quality has become a problem related to population in Indonesia such as poverty, unemployment, economy, health and so on. Responding to population problems, state administrators are required to work harder starting from the central government to the related government level by collecting and ensuring the availability of accurate and complete population data as needed in order to fulfill population information. an approach that aims to describe the phenomena that occur in relation to the scope of the study. The data sources used in this study are data on people, places and paper and information retrieval through observation, interviews and documentation. The results of the study show that the implementation of SIAK carried out by the Population and Civil Registration Service of Southwest Sumba Regency is in accordance with applicable rules and policies, but in its implementation it still faces several problems. one of which is the lack of human resources and the lack of supporting facilities and infrastructure.    

Ashira Salwa Bita; Mawar Mawar

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

A death certificate is proof of a person's death, but in its implementation there are still several problems, including that there are still people who have died but are included in the permanent voter list for the 2024 election and there are falsification of death certificates. The aim of this research is to find out and analyze the effectiveness of the death certificate recording program in the population and civil registration services of South Tangerang City. The method used in this research is a qualitative approach with descriptive methods. The results of the research show that target accuracy is said to be optimal, because people already know and receive death certificate registration services. The program socialization indicators are not yet optimal, because there are still people in the South Tangerang City area who do not know how important it is to take care of population administration, especially death certificates, due to the lack of socialization by the population and civil registration services. In terms of indicators of achieving program objectives, there are still people who have not registered death certificates even though they are aware of the existence of the death certificate registration program. In terms of monitoring indicators, the program has not gone well in its implementation because it was found that people had not registered death certificates, this is because the supervision carried out by the population and civil registration services did not reach enough and was not evenly distributed to all communities in South Tangerang City.

Rudini Hasyim Rado; Aldisa Arifudin; Restu Monika Nia Betaubun; Muhammad Saiful Fahmi; Eki Tolanda

Indonesia Bergerak : Jurnal Hasil Kegiatan Pengabdian Masyarakat 2024 Asosiasi Riset Ilmu Teknik Indonesia

The Indigenous Papuan People (OAP) in Matara village still have several couples who only marry based on customary law so that they do not have legal certainty in the aspect of marriage as evidenced by a marriage certificate. The purpose of this service is not only to provide assistance and legal counselling on the importance of marriage registration but also to realise the orderly administration of population in Matara village through marriage through church marriage and civil registration. The implementation method is carried out in various stages, including starting from data collection, counselling and procedures for implementing marriage. The results of the service are 6 (six) couples who have performed traditional marriages but have not been recorded in the civil registry because religious marriages have not been held and recorded under state law

Zaifatur Ridha; Sugianto Sugianto; Mawar Mawar

Jurnal Pengabdian Masyarakat Indonesia Sejahtera 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Calligraphy plays a very important role in the development of Islamic civilization. In the current era of globalization, young people are exposed to a variety of knowledge, cultures, perspectives, and ethics that influence changes within them. This training was conducted with the aim of introducing the art of calligraphy to the students (santri), which they can develop as part of their future careers. The training activities were carried out by members of the field experience practice team, who are students of the Islamic College (Sekolah Tinggi Agama Islam) Jam'iyah Mahmudiyah Tanjung Pura. The activity included planning, implementation, and evaluation. The methods used in this training were lectures, demonstrations, and hands-on practice. The results of this community service activity showed that: (1) The planning stage included initial observation, needs analysis, participant recruitment, and scheduling; (2) The training consisted of a one-time session using lectures, demonstrations, and writing practice; and (3) Evaluation was conducted during the training process, at the end of each session, and at the conclusion of the overall training. The dotted sponge calligraphy training left a unique impression and challenge for the students, fostering enthusiasm. It also brought about positive outcomes, such as helping students to develop calmness and concentration.

Dian Ekawati; Mega Nugraha; Muhammad Ervan Marzuki

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Dian Ekawati. Analysis of Accountability for Promotion of Civil Servant Ranks (Case Study of Application of SAPK BKN in BKD, South Sumatra Province). Accountability of Service Promotion for Civil Servants (Case Study of Application of SAPK BKN in BKD of South Sumatra Province) has basically been going well, but because there were some disturbances related to network problems and application system problems, so there were some things that were delayed in the management process. . It has not been added to the terms and files that are not appropriate so that many promotion files have not been approved and must be repaired. The supporting factor is the existence of technological advances that become service innovations, in the form of online applications, namely online SAPK in the management of promotions, it will provide convenience in the management of promotions. The inhibiting factor is that the existence of signal interference in several districts is a weak side of the online system that must be improved, as well as the requirements for completeness of files that have not been met by employees hampering the approval process for promotions.

Andhika Okta Syahbana

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

Criminal law enforcement in Indonesia involves different procedures between civil society and the military, especially at the investigation stage. In the military context, Law Number 31 of 1997 concerning Military Justice stipulates investigative authority involving superiors who have the right to punish (ANKUM), military police, and prosecutors. However, there is debate regarding ANKUM's authority in investigations, especially regarding professionalism and fairness, because ANKUM does not always have adequate investigative expertise. This research aims to analyze ANKUM's authority in the process of investigating military criminal cases, as well as the challenges of internal conflicts of interest that may arise. The research method used is normative juridical with an analytical and statutory approach. The research results show that ANKUM has an important role in the investigation process, including conducting preliminary examinations, receiving reports, and carrying out detentions. However, ANKUM often faces internal conflicts of interest and limitations in exercising its authority, which can affect the fairness and professionalism of the legal process. The Military Discipline Advisory and Supervision Council (DPPDM) functions to supervise and provide consideration of ANKUM's authority. This research suggests the need for stricter supervision and improvement of the functions of the DPPDM to ensure fair and professional law enforcement.

Awal Khairi

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Abstract. Bureaucratic reform in Indonesia is an important agenda in improving government performance, especially in public services. Kerinci Regency, Jambi Province, faces various challenges in carrying out bureaucratic reforms, such as low capacity of civil servants, limited infrastructure, and resistance to change. Weber's bureaucratic theory, New Public Management (NPM), and the concepts of efficiency, effectiveness, and transparency are the theoretical framework for understanding the importance of bureaucratic reform. This study uses a qualitative descriptive approach with in-depth interview methods and direct observation. The results of the study show that Kerinci Regency has implemented bureaucratic reform policies, such as simplifying service procedures and using information technology. However, various obstacles such as the lack of ASN capacity and limited infrastructure hinder the implementation of reforms as a whole. The positive impacts identified are increased community satisfaction, transparency, and accountability of local governments. This research recommends increasing the capacity of civil servants, expanding the implementation of e-government, and strengthening service infrastructure to support more effective and sustainable bureaucratic reform. Thus, bureaucratic reform in Kerinci Regency can encourage public services that are more efficient, transparent, and responsive to the needs of the community.