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Farid Hardianysah

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

Developments in guarantee law always evolve over time. The law of guarantees is very closely related to the implementation of credit, lending and borrowing or as repayment of debts between creditors and debtors. In its legal aspect, control over objects that serve as collateral for a debt gives birth to material rights that provide privileges to creditors in the event that the debtor is unable to pay obligations while at the same time providing legal protection to creditors in carrying out their debts. Law Number 42 of 1992 concerning Fiduciary Guarantees provides a legal basis regarding the implementation of guarantees as guarantees for repayment of debts from debtors. The enactment of the law regarding fiduciary guarantees is expected to provide proportionality between debtors and creditors. In its development, the implementation of execution in the context of fiduciary guarantee law through the Constitutional Court Decision Number 2/PUU-XIX/2021 which is a form of explanation as well as confirmation of the Constitutional Court Decision 18/PUU-XVII/2019 regarding the application of execution of fiduciary guarantees has had legal implications in society . Based on the Constitutional Court's decision which created a new norm in the context of executing fiduciary guarantees, it directly changes the procedures and conditions that must be met for the execution of parate execution by creditors in the event that the debtor acknowledges default and voluntarily surrenders the object of fiduciary collateral so that it is expected can realize the principles of legal certainty, justice and benefit within the framework of the principle of proportionality between debtors and creditors in the practice of Fiduciary Guarantees.

Rizky Gunawan; Fitri Kurnianingsih; Ramadhani Setiawan

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

This research refers to the Decree of the Minister of Environment and Forestry of the Republic of Indonesia Number 19 of 2012 concerning the Implementation of the Climate Village Program as an alleviation of environmental problems and aligning the Tanjungpinang Mayor Regulation Number 84 of 2020 concerning the Tanjungpinang Smart City Master Plan (Tanjungpinang Master Plan Smart City). The theory in this study refers to Cohen's Theory namely Smart Buildings, Resource Management, and Sustainable Urban Planning. The conclusion of this study is that the Tanjung Unggat Village is capable of carrying out the Implementation of the Climate Village Program in accordance with the dimensions smart environment and designs that have been compiled through theory and the Tanjungpinang City Masterplan.

Milyatul Farihah; Kamilia Sari; Sumriyah Sumriyah

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Pusat Riset dan Inovasi Nasional

The development of digital technology has had a significant impact on the use of demand deposits in the trading business. This discussion aims to analyze the effect of the application of digital technology on the use of demand deposits in the retail industry. Several retail companies are still facing challenges related to technological infrastructure and the availability of reliable internet access. In order to optimize the use of demand deposits in the trading business with the adoption of digital technology, retail companies need to involve employees in training and developing technology skills. Attention to data protection and customer privacy is also required and the development of strategies to promote consumer acceptance of digital payment methods.    

Charolina Charolina

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Pusat Riset dan Inovasi Nasional

Berdasarkan observasi penilaian kemampuan menulis teks negosiasi di SMAN 10 Medan masih tergolong pada kategori yang kurang, penelitian ini bertujuan untuk mengetahui kemampuan menulis teks negosiasi dengan pembelajaran strategi pembelajaran direct writing activity di SMA Negeri 10 Medan. Penelitian ini menggunakan metode kuantitatif dengan desain penelitian one group pre test – post test design. Penelitian ini sesuai langkah pembelajaran direct writing activity yang membuat nilai siswa meningkat setelah menggunakan  strategi pembelajaran direct writing activity. Hasil penelitian yang didapatkan bahwa terdapat 80% siswa memenuhi nilai diatas KKM.  

Rayhan Afief Arfarizky; David Hizkia Situmorang; Sumriyah Sumriyah

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Pusat Riset dan Inovasi Nasional

Counterfeiting of securities is a serious illegal act with the potential for significant legal consequences.  The author provides an in-depth review of the criminal law aspects associated with counterfeiting securities.  The aim of this research was to analyze and understand the legal framework governing counterfeiting of securities, including the criminal considerations and sanctions applied.  This study also explains the concept of counterfeiting securities and how this action violates applicable law.  In addition, this study also discusses the elements that must be present in an act of counterfeiting securities such as intentionality and the intention to make a profit.  Furthermore, this study also analyzes the penalties and sanctions that can be applied to perpetrators of counterfeiting securities.  In conclusion, this study emphasizes the importance of effective law enforcement in dealing with counterfeit securities.  Perpetrators of counterfeiting securities must be held responsible for the actions that have been taken and be faced with sanctions in accordance with applicable criminal law.

Sefia Esa Puspita A.; Vinda Olivia H.; Virna Muhdelifa D.

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Pusat Riset dan Inovasi Nasional

Violence or sexual harassment is a problem that is quite serious and often occurs socially. In this case, it usually occurs in a problem that is complex. The rise of news on social media related to sexual violence experienced by some people is enough to shock the public. Most cases of sexual violence are experienced by a woman who is the victim. Cases of violence or sexual harassment against women are still an iceberg phenomenon. This is because many women who are victims of sexual harassment are reluctant to report what they have experienced. Violence or sexual harassment that occurs to women is often blamed on the way they dress. In fact, if you look at clothes, it is not one of the main causes of women becoming victims of sexual harassment. Violence or sexual harassment that occurs never looks at any clothes, in fact often the victim of sexual harassment is a woman who wears closed clothes. In addition, violence or sexual harassment can also be caused by a patriarchal culture that dominates and seems to justify the action. Where in patriarchal culture itself men are often considered more dominant and have a higher position than women. Therefore, men feel they have more power over women and can act as they please. Until now, patriarchal culture is still developing in society. Even though this shouldn't have been done. Therefore, there is a need for radical feminism with the aim of making changes in society and obtaining equality between men and women, especially in obtaining equal rights in society from a social and economic point of view.

Pulung Hudoprakoso

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

The settlement of state administrative disputes as a result of the issuance of a state administrative decision letter is the authority of the State Administrative Court as a judicial body appointed by the Law governing the State Administrative Court. Administrative efforts are a non-litigation settlement that must be taken before state administrative disputes are submitted to the State Administrative Court. Administrative efforts are expected to be the best solution before citizens submit their problems to the Court, so as to remove the paradigm that the actions of state administrative bodies or officials are always right and cannot be corrected.

Muhamad Arifianto

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

The position of the Committee for State Receivables (PUPN), from a constitutional point of view, should be able to become a strong and professional representative interdepartmental institution in line with the goals and expectations of its establishment in accordance with laws and regulations to support the wheels of the economy and benefit the country's finances at a macro level. The problem in this study is regarding how PUPN's authority is viewed from the point of view of the legal system theory. The method used in this research is descriptive research method with a normative juridical approach. Law Number 49 Prp of 1960 concerning the Committee for State Receivable Affairs, is the forerunner of the paradigm for settlement of State Receivables by incorporating elements of managing and collecting state debts with very effective and strong authority from a legal standpoint. In addition, the institutional form that is interdepartmental gives a special image and the presence of law enforcement officials in it can have a significant psychological effect on the debt guarantor. Not to mention that the PUPN itself is equipped with parate execution powers which are the same as the court's execution powers.

Herminiastuti Lestari

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

The public's reaction to the rousing welcome from the former convict of sexual crimes against children with the initials SJ got a lot of attention. Sexual crimes against children which are special crimes have special treatment, both as victims and perpetrators. Because of its specificity, there is a separate treatment starting from the investigation, trial, sanctions, sentencing, also post-trial.After sentencing, the perpetrators are not automatically able to move freely in public, so that when a former convict appears in public, there is a reaction from the public. Normically or socially there is a restriction for former convicts of sexual crimes. This is related to the ethics that apply in society where sexual crime is an immoral act against children that should be protected by all parties, be it society, institutions or the government. Because it is related to the morals of the immoral act, the burden borne by the victim psychologically will affect the future of the child, so that the perpetrator of the crime cannot be accepted immediately to appear in public, thus causing sanctions after completion of sentencing

Susilowati Susilowati

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

Credit Guarantee in the Syndicated Bank Credit Agreement is the most important guarantee in the Syndicated Credit Agreement which is the main discussion in this Legal Writing. The method that the author uses in this legal research is normative juridical, where the documents used as guidelines in the preparation are primary legal documents and secondary legal documents. The Credit Guarantee in the Syndicated Credit Agreement that I will use is a credit guarantee with concession rights which includes toll road concession revenues, escrow accounts, and insurance claims. The Credit Guarantee is important to cover or guarantee the Creditors in the Syndicated Bank in the event of a default or bad credit or default from the Debtor. Collateral as regulated in Law number 7 of 1992 concerning Banking as amended by Law number 10 of 1998 concerning Amendments to Law number 7 of 1992 concerning Banking, guarantee is defined as "faith in faith and ability and ability of the customer or debtor to pay off the debt or return the financing as agreed. Credit guarantees (debts) as regulated in article 1131 of the Civil Code are "all objects of the debtor, both movable and immovable, both existing and those that will exist in the future, become dependents for all individual engagements". The credit guarantee that will be discussed in this legal writing is the credit guarantee in the Syndicate Credit Agreement or syndicate loan in the form of concessions. Concession is the granting of rights, permits, or land by the Government, companies, individuals, or other legal entities. The granting of concession rights is generally applied to the development of partnerships between the government and the private sector. Syndicated credit is one of the types of credit, but the difference in Syndicated Loans is related to the number of creditors. In the Syndicated Credit Agreement, the creditor is more than one creditor. The discussion of Syndicated Credit Guarantee that will be discussed in this legal writing is the Credit Guarantee in the Syndicated Credit Agreement between PT. JJP with PT. BNI Bank, PT. Bank Mandiri, PT. Bank BRI and PT. Bank BPD Central Java in terms of the construction of the Semarang Toll Road. The object of the Credit Guarantee in the Syndicated Credit Agreement in the form of Concession Rights which is not a fiduciary or mortgage must be made in the agreement related to the risks that will occur as a result of the syndicated credit agreement, especially on the guarantee so that no party is harmed from the syndicated credit agreement and development can run smoothly. In this regard, the Government should always be innovative towards legal regulations in line with development progress so that they do not become legal problems in the future.  

Muhamad Khamal Akbar Rahmadan; I Made Sarjana

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Pusat Riset dan Inovasi Nasional

The research was conducted for the sole purpose of knowing the legality of establishing a foundation as a legal entity operating in the social, religious, and humanitarian fields, in this case the foundation was founded by foreigners. This research uses a method with normative research in addition to legislation is used as an approach, in addition to facts and conceptual analysis used as an approach in this research method. The results of the study indicate that the legali ty of the establishment of a foundation by foreigners in Indonesia has now been determined in Law Number 28 of 2004 concerning Amendments to Law Number 16 of 2001 concerning Foundations where foreigners in this context have more opportunities to set up a foundation. Regulations on foreign foundations are related to their establishment which are further emphasized in Government Regulation Number 63 of 2008 concerning the Implementation of the Law on Foundations as an implementing regulation that provides legal certainty to foreigners in establishing a foundation. as well as the nation, and the State of Indonesia.

Ika Cahyo Purnomo; Anggraeni Endah Kusumaningrum

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

COVID-19 containment apps have raised a new hope in dealing with COVID-19 in various countries.  Automatic contact tracing capabilities combined with various other transmission prevention functions have yielded favorable outcomes in controlling outbreaks.  Although its nature seems promising, the use of this type of application also saves the potential for human rights violations.  The risk is related to the increasingly widespread functionality of the application, the restrictions of personal freedom, the potential breach of privacy, and the possibility of marginalizing people who cannot access the application.  This paper describes how this application works in general, how it can affect respect for human rights, and then analyzes incidents that have the potential to violate human rights related to the use of the application to further provide some potential solutions on how the application can still be utilized with a minimum threat to  individual rights.

Anita Atma Negara

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

Sanctions are an important closing part in administrative law. In a sociological context, sanctions are a form of law enforcement effort. Law enforcement is a process to make legal wishes come true. The sanctions themselves can be in the form of criminal sanctions, civil sanctions, and also administrative sanctions. The purpose of this study is to find out the prosecution of people who do not use masks according to governor regulations and to find out the criminal status of people who are subject to administrative fines including criminal acts according to the article regarding the application of discipline to health protocols in the new era of life. This research method uses normative legal research methods. The results of the study show that the application of sanctions for violations of health protocols during the Covid-19 pandemic in Indonesia is regulated in various Mayoral or Governor Regulations of each region by imposing written warning sanctions, administrative sanctions, social sanctions and criminal sanctions on violators.

Andi Ashar

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

The National Health Insurance Program is the Government's effort to provide guarantees so that health services are provided to Participants in the National Health Insurance Program. In its implementation, there is a risk in the form of fraud committed by unscrupulous persons. The consequence of fraud is the imposition of sanctions which are an important part of every law and regulation. One of the imposition of sanctions for perpetrators of fraud is administrative sanctions. Administrative sanctions that arise do not erase criminal sanctions in accordance with the provisions of the legislation. Administrative sanctions are considered to be far more effective in forcing people to comply with legal provisions governing business and industry and environmental protection than criminal sanctions. With the imposition of these sanctions it is expected to maintain the sustainability of the National Health Insurance Program

Anisa Kurniasari

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

This study discusses the rights and obligations of patients and families in the services that have been provided.  The results showed that the granting process was in accordance with the Constitution no.  36 of 2014 concerning Health Workers and the Regulation of the Minister of Health of the Republic of Indonesia Number 4 of 2018 concerning Hospital Obligations and Patient Obligations and other related regulations.  There are several things that need to be improved, such as maximizing providing services to patients who have obligations that must be fulfilled, in order to achieve healing and as a balance of the rights they get, in essence the balance of rights and obligations is an achievement of a fairness of action, in terms of  relationship between two parties (medical personnel and patients).

Noviyana Hadiyati; Zainudin Hasan; Fayza Rizki Vianisya; Febby Cantika Firdaus

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Pusat Riset dan Inovasi Nasional

Narcotics misuse and distribution have become so pervasive that everyone is now a victim. This study aims to "identify, clarify, and analyze the enforcement of laws against juvenile offenders of drug abuse in the Bandar Lampung area. It also examines the factors that contribute to juvenile offenders of drug abuse." With the normative juridical approach research was the methodology adopted for this analysis. Deductive reasoning techniques are employed in conjunction with normative legal research as the approach method for this article. The study's findings indicate that legal substances, legal institutions, legal environments, and legal cultures all have an impact on children's decisions to abuse drugs. The child's internal factors are the most significant ones. It has been successful to utilize law enforcement to stop those who abuse drugs on minors. It is the responsibility of parents to properly educate their children so that they are not susceptible to peer pressure to break the law.    

Ratna Wulandari; Ulil Farrohah; Sumriyah Sumriyah

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Pusat Riset dan Inovasi Nasional

Deficit funding for the State Revenue and Expenditure Budget (APBN) is an important challenge for the government in maintaining fiscal stability and supporting development policies. In order to find an effective funding alternative, the issuance of state bonds has become an option. This study aims to analyze the position of issuing state bonds as an alternative to funding the state budget deficit. This study uses a descriptive-analytical approach by collecting data from various related sources. The analysis was carried out through a literature review, data from the Indonesian Ministry of Finance, and regulations regarding the issuance of Government Bonds. The results of the study show that the issuance of state bonds has several benefits as an alternative to financing the state budget deficit, namely diversifying government funding sources, reducing dependence on tax revenues and other income, providing flexibility in the schedule of interest and principal payments, in accordance with the government's financial capacity, attracting investor participation. institutional and retail, increasing financial market liquidity. APBN Deficit Funding is dominated by State Bonds, which of course the issuance of state bonds as an instrument for funding the APBN deficit makes fiscal space narrow. When the space for fiscal movement becomes limited, it means that the government faces limitations in collecting revenue or in managing government spending.    

Moh Irsyad Hanif

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

The patient's lack of understanding regarding informed consent in doctors' medical actions is motivated by several factors. Informed consent is a process as well as the result of an effective communication between the patient and the doctor/dentist and not just the signing of the consent form. The relationship between doctors, hospitals and patients or what is known as the therapeutic transaction is generally the origin of conflict. Conflict can occur when the parties do not carry out their roles as expected by the other party. This requires learning or educating patients regarding informed consent through the information media platform provided at the hospital. This journal discusses the reasons why many patients do not understand the contents of informed consent.

Conita Aulia Wijayanti

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

At the beginning of 2020 the world was shocked by a new virus thought to have originated from Wuhan, China. named 2019 Novel Corona virus. The World Health Organization (WHO) names the new virus as corona virus disease 2019 (Covid-19), that health workers, both doctors, nurses and hospital administration staff, need legal protection from the government. Health workers are willing to devote themselves to serving public health and even sacrifice their lives and those of their families to tackle the spread of Covid-19. The formulation of the problem in this study is How is legal protection for health workers and the Covid-19 acceleration task force? and How is the form of guidance and supervision of the implementation of Covid-19 prevention services, the method used is a normative juridical approach. The work safety of health workers due to the Covid-19 pandemic has not been carried out properly as mandated in laws and regulations, in the implementation of the rights of health workers During the Covid-19 pandemic, it is still neglected and has not been fulfilled. Therefore, the role and responsibility of the government is needed to fulfill the rights of health workers as the frontline.

Resaka Yudha

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

The pandemic has an impact on almost all sectors of life. The emerging of the covid virus made everyone have to adapt to the new world rules. The health protocol is one way to control the COVID-19 disease. In other ways such as vaccination. In case no need a lot of cost, health protocols are also effective in reducing the number of cases of COVID-19. The implementation of the health protocol in its implementation is accompanied by sanctions to make the community more obedient. However, the unclear rules, and the frequent changes in these rules make many people who violate health protocols and get sanctions for it. Not to mention the uneven socialization from the government that makes people less disciplined towards health protocols.