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Angelline Putri Permatasari; Aris Prio Agus Santoso

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

The criminalization of cohabitation is a phenomenon that was recently appointed as a criminal offense in the Draft Criminal Code. Cohabitation, also known as "samen leven" or "living in nonmatrimonial union", refers to the act of living together outside of legal marriage. In this analysis, researchers focus on ethical, moral and legal aspects related to the criminalization of cohabitation. This research also examines how the criminalization of cohabitation can be seen as a step in the criminal law reform process which aims to encourage criminal law reform and meet the needs of the times. In this research, researchers also consider how the criminalization of cohabitation can affect the dynamics of Indonesian society and how Indonesian society sets regulations for themselves and for the benefit of the society concerned. This research method uses a normative legal approach and secondary data collection. The results of this research are that the act of cohabitation must be included in a container with clearer regulations, and the act of cohabitation in Indonesia is an act that is prohibited by all religions.

Putri Anggraeni Maga; Mutia Cherawaty Thalib; Sri Nanang Meiske Kamba

Nusantara Mengabdi Kepada Negeri 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The aim of this activity is to find out the problems of the complete systematic land registration program at the Gorontalo Regency Land Agency and efforts to resolve them. The method used is law with an empirical approach, which presents data according to field facts which are then analyzed descriptively qualitatively. The results of the research show that in land registration through the PTSL program there were problems such as a lawsuit for a certificate from the actual owner, where when the PTSL implementation was completed by the village and land agency and a certificate of ownership was issued to those who applied, it turned out that it was suddenly protested by the community who claimed to be the real owner and this happens especially on land abandoned by the previous owner (abandoned); Low public understanding of land tenure law where not all people understand PTSL procedures, so there is still public distrust in making certificates which are considered complicated and take a long time; There are public perceptions regarding the high cost of obtaining certificates, including concerns that they will be burdened by the increasing tax value; and the lack of human resources, especially skilled personnel in villages and BPN in handling land conflict matters and cases. Efforts to resolve this problem are to maximize socialization to the community regarding the terms and conditions and land registration procedures; clarify the status of the land you wish to certify so that it does not overlap; and re-preparing the land registration quota which is still lacking, meaning there is still land in villages in Gorontalo Regency that cannot be accommodated in the PTSL program, which is adjusted to the existing budget.

Cania Prameswari Hadi Waluyo; Lego Karjoko; Rahayu Subekti

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

This study to determine the use of revenue sharing funds of tobacco products excise as a health restoration instrument in Kediri City in 2023 and the effectiveness of Minister of Finance Regulation Number 215/PMK.07/2021 related to the use of revenue sharing funds of tobacco products excise as a health restoration instrument in Kediri City. Qualitative empirical legal research constitutes this study. Data sources and types consist of primary and secondary information. Interviews with representatives of the Kediri City Health Office and the Kediri City Regional Secretariat were utilised to acquire the data. The findings of this study indicate that the health recovery efforts in Kediri City have been largely ineffective due to inadequate implementation of the budget plan. In addition to the aforementioned, the efficacy of Minister of Finance Regulation Number 215/PMK.07/2021 is hindered by a number of obstacles pertaining to law enforcement, facilities, the community, and culture.

Muhammad Imam Drajat; Tamaulina Br. Sembiring

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

In life, of course, there are those who are born and there are those who die, so this affects the guardianship of children, in this case as in decision 375/PDT. P/2003/PA. SGM where the biological father is still alive, but the deceased mother's siblings request guardianship over the child, even though it is clearly seen in Article 345 of the Civil Code that states that if one of the parents dies then the guardianship rights over the minor child automatically fall to his surviving parents. However, the decision handed down by the panel of judges was different in this case, which granted the child's aunt to be his guardian, so this attracted the writer's attention to research this matter more deeply. This research is qualitative research with a normative juridical type of research, using two approaches, namely the statutory approach and the Conceptual Approach. The results of this research prove that the position of the biological father of the child for whom guardianship is requested in this decision does not meet the requirements because he stated that he was no longer able to care for or care for the child, which is in accordance with Article 391 (a), so the father's rights to Article 345 The Civil Code was replaced with the provisions of Article 359 of the Civil Code, which states that the guardianship status of children under 18 years of age is determined by a judge.  

Adistia R. Nur; Nur Mohamad Kasim; Dolot Alhasni Bakung

Nusantara Mengabdi Kepada Negeri 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The aim of this activity is to provide an understanding of the fair distribution of inheritance in cases of fighting over inheritance rights using several types of settlement methods. To give people an understanding that the position of a will is very important in Indonesia and even if it is not carried out according to existing procedures then the will is not legally valid. This type of research is normative-empirical legal research. According to Abdulkadir Muhammad, what is meant by normative-empirical legal research (applied law research) is research that uses normative-empirical legal case studies in the form of legal behavioral products. The results of the research obtained regarding the granting of wills that did not comply with procedures were that there were conflicting norms due to the public's lack of understanding of the regulations for granting valid wills. In conclusion, the legal status of wills will be very well maintained if the community is able to apply the legal procedures that the law has established because everything we do will definitely be directly related to the law, as we know as citizens of Indonesia, we are a country that upholds the law. justice for human rights, in its application laws are made to provide legal certainty to the community, it only remains for the community itself to be able to implement it or not, because if seen from a civil law perspective, everything that is done by humans is not in accordance with the law. existing then the action can be null and void by law.

Anisa R. Sunge; Fence M. Wantu; Vifi Swarianata

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

Exhibitionism is the behavior of showing body parts or vital organs to others to achieve sexual satisfaction. This is done to get sexual satisfaction by masturbating while imagining. Exhibitionism itself is included in the category of sexual preference disorder (paraphilia). This research aims to analyze whether the application of mental rehabilitation sanctions can be carried out against the perpetrators of exhibitionism. The type of research used is normative research which is based on applicable laws and regulations and analyzes problems from a case perspective. The results of the research obtained by the author in conducting research on the application of mental rehabilitation sanctions have the potential to reduce the level of recurrence of exhibitionism behavior. Mental rehabilitation programs that include psychological therapy, counseling, and social support can help offenders to understand the root causes of their behavior and develop strategies to overcome these tendencies.

Az Zahra Nashira Ryan; Aris Prio Agus Santoso; Giovania Madeira Do Carmo; Jonathan James Kurniawan; Zakkiya Muflih Gusma Putra

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

The use of cryptocurrency assets in Indonesia is still prohibited as a means of payment but as an investment instrument it can be included as a commodity that can be traded on a term exchange as regulated in the regulation of Law No. 10 of 2011 concerning amendments to Law No. 32 of 1997. The positive impact of cryptocurrencies in consumer protection such as cryptocurrency financial access can provide access to the traditional banking system, thereby increasing financial inclusion. There are also negative impacts to consider in consumer protection: security risks associated with theft or hacking of cryptocurrency exchange platforms and digital wallets can threaten the security of consumer funds. This study aims to analyze about consumer protection of cryptocurrencies in the digital age. This research uses normative research methods and uses qualitative data types. The results of this study show that consumer protection in cryptocurrency in the digital era, among others, preventively, in cryptocurrency trading transactions as assets is also strengthened by the Regulation of the Commodity Futures Trading Supervisory Agency Number 9 of 2019 concerning Amendments to the Regulation of the Commodity Futures Trading Supervisory Agency Number 5 of 2019 concerning Textile Arrangements for the Implementation of the Physical Market of Cryptocurrency Assets on Futures Exchanges. Meanwhile, if repressively to protect what is given after a dispute arises in the form of sanctions, fines, imprisonment, and penalties imposed a dispute occurs, regulated in Article 22 of PerBappeti Number 5 of 2019 concerning Technical Provisions for the Implementation of the Physical Market of Cryptocurrency Assets on the Futures Exchange, that dispute resolution is carried out by deliberation to reach consensus if it does not reach consensus the parties can resolve through the Futures Trading Arbitration Agency Commodity (BAKTI) and the State Court as stated in the agreement between the parties. Bank Indonesia reaffirms the ban on the use of virtual currencies in cryptocurrency, both in the form of selling, buying, and trading with these currencies. 

Musfira Indrayana; Jamal Qadar; Syamsiar Syamsiar

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

Standard Operating Procedures (SOP) are documents that contain a series of standardized written instructions regarding various office administration processes. This document includes how to carry out the work, the time of implementation, the place of implementation, and the actors involved in the activity. SOP is one of the main references regarding steps or stages related to applicable activities which are work activities in an agency, therefore SOP can be said to be a series of written instructions carried out regarding various government administration processes. This research aims to reveal the SOP at the Telullimpoe Village Office in providing services for making indigent certificates, especially in Tellulimpoe Village, Majauleng District, Wajo Regency. For this reason, information collection is carried out through direct observation, filling out questionnaires, and collecting supporting data in the form of official documents. The results of the research show that the SOP for the service of making disability certificates in Tellulimpoe Village, Majauleng District, Wajo Regency is very good. This is supported by research results which reveal that the SOP in the service for making certificates cannot be included in the very good category.

Yuliana Yuliana; Iwan Mamminanga; Sofyan Marzuki

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

This research was carried out at the Ugi Village Office, Sabbangparu District, Wajo Regency. The research will begin from March to June 2024. This research aims to determine the work environment of employees at the Ugi Village Office, Sabbanparu District, Wajo Regency, to determine organizational commitment at the Ugi Village Office, Sabbangparu District, Wajo Regency, and to determine the relationship between the work environment and organizational commitment at the Office. Ugi Village, Sabbangparu District, Wajo Regency. The method used is a census type with a quantitative associative approach. The results of this research show that the work environment carried out at the Ugi Village Office, Sabbangparu Subdistrict, Wajo Regency, has a score of 297 and is included in the good category of the average ideal score in the dimensions of the physical work environment and non-physical work environment. Organizational commitment at the Ugi Village Office, Sabbangparu District, Wajo Regency is included in the good category with a score of 361 from the average ideal score. This can be seen from the dimensions of organizational commitment based on personal, job characteristics, structural characteristics and work experience. To find out that the work environment has a positive and significant relationship to organizational commitment at the Ugi Village Office, Sabbangparu District, Wajo Regency.

Yusran Yusuf; Bakri Bakri; Erna Erna; Iwan Mamminanga

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

This study aims to determine the benefits of the farmer card program in improving the welfare of poor farmers in Talotenreng Village at the BPP Sabbangparu of the Wajo Regency Agriculture and Food Security Office and to find out the factors that hinder the evaluation of the farmer card program in improving the welfare of poor farmers in Talotenreng Village at the BPP Sabbangparu of the Wajo Regency Agriculture and Food Security Office. The research method used is a qualitative method, usually the data is inductive or qualitative, and the type of research used is descriptive that provides a detailed picture or phenomenon. The results of this study show that the Farmer Card Program in Talotenreng Village has not been used by farmers as recipients of farmer cards or is still tentative so that farmers cannot feel the benefits, because there are no instructions, directions or orders from the Central Government/Ministry of Agriculture of the Republic of Indonesia. The Farmer Card Program is the latest Government program implemented in all regions with the aim of redeeming the purchase of subsidized fertilizers in an effort to improve the welfare of farmers in accordance with Presidential Regulation No. 77 of 2005 concerning the Determination of Subsidized Fertilizers as Goods in Supervision as amended by Presidential Regulation No. 15 of 2011 concerning Changes in the Determination of Subsidized Fertilizers as Goods Under Supervision.    

Mashra Karateng; Muktmir Usman; Syupriadi Syupriadi; Andi Anugrah

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

This research was carried out at the Ugi Village Office, Sabbangparu District, Wajo Regency. The implementation of the research will start from March to June 2024. This study aims to find out the working environment of employees at the Ugi Village Office, Sabbanparu District, Wajo Regency, to find out the organizational commitment at the Ugi Village Office, Sabbangparu District, Wajo Regency, and to find out the relationship between the work environment and organizational commitment at the Ugi Village Office, Sabbangparu District, Wajo Regency. The method used is a census type with a quantitative associative approach.The results of this study show that the work environment carried out at the Ugi Kacamatan Sabbangparu Village Office, Wajo Regency, has a value of 297 and is included in the category of both the average ideal value in the dimensions of the physical work environment and the non-physical work environment. The organizational commitment at the Ugi Village Office, Sabbangparu District, Wajo Regency is included in the good category with a score of 361 from the average ideal value. This is seen from the dimension of organizational commitment based on personalization, job characteristics, structural characteristics and work experience. To find out the work environment is positively and significantly related to the organization's commitment to the Ugi Village Office, Sabbangparu District, Wajo Regency.    

Jamal Qadar; Burhanuddin Burhanuddin; Yusran Yusuf

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

This study aims to determine the application of good governance principles at the Wajo Regency Investment and One-Stop Integrated Services Office (DPM-PTSP), the research informants consist of staff and employees along with the public who want to take care of licensing letters at the Wajo Regency DPM-PTSP Office. This study uses a qualitative method with a descriptive approach.The results of this study show that the application of Good Governance principles at the Wajo Regency Investment and One-Stop Integrated Services Office (DPM-PTSP) has been running well, including accountability that has been effective and efficient in terms of achieving strategic objectives that contain vision, mission, goals and objectives, and activities that are equipped with performance indicators and targets to be achieved,  Transparency with the accountability of staff and employees in carrying out their respective duties which are quite professional, Participation shows that the community feels very satisfied with public services, and the Rule of Law is also very good because it is carried out fairly without discriminating against the social status of the community. The conclusion is that the application of the Good Governance Principle at the Wajo Regency DPM-PTSP office has been realized and implemented well.    

Ziana Walidah; Nur Arifudin; Desi Wilda Rizki Amelia; Sur Fadila

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

This case study investigates the implementation of Occupational Health and Safety (K3) in the PT Gunbuster Nickel Industry area. Through in-depth analysis of policies, practices, challenges, strategies and impacts of K3 implementation, this research aims to provide comprehensive insight into the company's efforts to ensure a safe and healthy work environment for its workers. The research results show that PT Gunbuster Nickel Industry has adopted various comprehensive K3 policies and practices, including routine K3 training, work environment monitoring, and safety campaigns. However, several challenges such as employee resistance and complex working conditions remain obstacles in implementing K3. To overcome these challenges, the company has implemented proactive strategies, including increasing K3 communication and awareness, regular evaluation of working environment conditions, and active involvement of employees in efforts to prevent work-related accidents and diseases. The impact of implementing effective K3 policies at PT Gunbuster Nickel Industry includes reducing the number of work accidents, increasing productivity, and improving the company's image. This research makes an important contribution to the understanding of best practices in K3 management in the industrial sector, as well as becoming a reference for other companies in their efforts to create a safe and healthy work environment.

Billy Sachio; Noor Saptanti

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

This study describes and examines the issue of the legal responsibility of online gambling promoters to people who lose due to influencers, considering the situation and conditions that are in need, of course, people will be tempted to obtain instant wealth. This study aims as an effort so that victims get proportionate attention in fulfilling their rights as victims to apply for restitution against online gambling influencers who advertise by providing false or untrue reviews. This research is a normative legal research that is perscriptive. Secondary data types include primary and secondary legal materials. The technique of collecting legal materials is carried out by literature study, then the analytical technique used is the deductive method. The results of this study show that victims can hold criminal and civil liability contained in Article 27 paragraph (2) jo. Article 45 paragraph (3) of Law number 1 of 2024 concerning online gambling, Law, Law 8 of 1999 concerning Consumer Protection, Article 1365 of the Civil Code concerning PMH, Article 1320 of the Civil Code concerning the legal terms of the agreement, and the Witness and Victim Protection Agency (LPSK).    

Haikal Pontoh

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

Problem/Background: Public order and community peace is a description of a situation where people can carry out their daily activities in a calm, orderly and controlled manner, thus supporting the achievement of sustainable development in an area. There are many problems related to public order and peace, one of which occurs in Gorontalo City itself. In Gorontalo, there have been various violations of public order and order, such as violations of loose animals, violations of residence permits, street vendors, distribution of alcoholic drinks, violations of population management, vagrancy, beggars and street children, as well as perverted couples. boarding house. And the most frequent cases in Gorontalo City are violations related to the distribution of alcoholic drinks and exploitation of couples in boarding houses. Objective: The aim of this research is to find out how effective Satpol PP is in ensuring public peace and order i\\n Gorontalo City. Method: The method used in this research is a qualitative descriptive method, where an overview of facts and information in the field is obtained through data collection techniques, namely. observation, interviews and documentation. The sampling technique used purposive sampling and snowball sampling. Results/Findings: The results of this research indicate that maintaining public order and tranquility at the Gorontalo Satpol PP has not been effective. There are many influencing factors, such as the many inhibiting factors found during research.

Dian Aulia; Risa Amalia; Tarisya Arliani Munandar

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

This article discusses the dynamics of corruption and its impact on national development. Through a comprehensive review of the factors that influence the spread and intensity of corruption, as well as its impact on various development sectors, this article illustrates the complexity of the problem of corruption in the context of national development. The negative impact of corruption is not only limited to economic losses, but also damages social order, harms public trust in the government, and hinders sustainable economic growth. By understanding the dynamics of corruption thoroughly, it is hoped that effective strategies can be formulated to combat corruption and encourage sustainable and inclusive national development.

Anisa Farras Azmii; Agnes Tika; Denaya Syabilla Fitri; Monika Septiyar

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

Higher education is often seen as a place to shape future leaders and create positive change in society. However, corruption poses a serious threat to the integrity and purpose of higher education. This article discusses the challenges and strategies in instilling anti-corruption awareness in higher education environments. These challenges include a culture of corruption that is difficult to change, economic pressures that encourage unethical behavior, and a lack of transparency and accountability. The proposed strategy includes implementing a curriculum that promotes the values ​​of integrity, establishing an independent monitoring body, implementing a strict code of ethics, and raising awareness through campaigns and training. By implementing this strategy holistically, it is hoped that higher education can become an effective agent of change in fighting corruption and promoting good governance in society.

Ali Muddin Sirait; Dani Sintara

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

A cooperative is a joint business entity operating in the economic sector, whose members are generally those from a weak economy who join voluntarily and on the basis of equal rights, are obliged to carry out a business aimed at meeting the needs of its members. The problem in this thesis is to find out the development of cooperative regulations in Indonesia based on Law Number 25 of 1992 concerning Cooperatives, the Roles and Responsibilities of Cooperative Management and Members in the Distribution of Remaining Business Results in Thrifty Village Unit Cooperatives. The formulation of the problem that will be discussed in this thesis is: 1) What are the responsibilities of cooperative management both outside and inside the cooperative based on Law No. 25 of 1992? 2) What is the position of members in the cooperative accountability system? 3) What is the legal review of the implementation of loan agreements at the Thrifty Village Unit Cooperative? The type of research in preparing legal writing is normative legal research or library legal research. The purpose of normative legal research is research carried out by examining library materials or secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. These materials are then arranged systematically, studied and then conclusions are drawn regarding their relationship to the problems studied. Based on Article 34 of Law Number 25 of 1992 concerning Cooperatives, the responsibility of cooperative administrators as cooperative managers for cooperative losses is responsible both jointly and individually bear the losses suffered by the cooperative if the losses suffered by the cooperative are caused by intention or negligence by the cooperative management. This is closely related to the obligations imposed on cooperative management which must be based on good faith. In this case, the management of the economical village unit cooperative did not provide accountability as regulated in the Law. The role of supervisors in supervising the work of cooperative management is considered less than optimal, because they still lack knowledge and ability regarding the duties and authority for which they are responsible.

Sutan Fachrezy Damanik; Anwar Sadat

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

This thesis aims to find out the prevention of defamation laws according to the law and Islamic law in the city of Medan. Data collection in this study was carried out by means of literature studies and interviews.  In this study, legal data were qualitatively analyzed rules and techniques to satisfy the researcher's curiosity in a juridical symptom or a way to find the truth and acquire knowledge. The results showed that the Application of defamation rules in Article 310-318 of the Criminal Code and ITE Law No. 19 of 2016 amends Law no. 11 of 2008 in handling defamation, in writing, verbally, and hate speech on social media against perpetrators tend to be repressive (use of power outside the corridors of the law). The contribution of law enforcement of criminal defamation by the police to the criminal law, cannot be said to be effective Islamic law has not specifically addressed the types of defamation and penalties so it has not been able to effectively regulate the prevention of defamation in Islamic law. The development of this law regarding defamation does not pay attention to the social dynamics that exist in society. It can be seen from the problem of defamation that many occur through social medicine whose events are still difficult to prove.

Muhammad Naufal Luthfi; Adi Sulistiyono

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

This research aims to determine the position and role of music aggregators in the digital music industry and the legal liabilities of music aggregators towards the copyright of music creators. This is a normative legal research of a prescriptive nature with a statutory approach. The legal materials used are primary and secondary legal materials, through literature study, and the technical analysis of legal materials using syllogism with a deductive thinking pattern. Based on the research results and discussions, it can be seen that music aggregators have a position as partial copyright holders of music that has been entrusted to them and play a role as distributors and managers of music royalties that have been entrusted to them. Meanwhile, the legal liabilities of music aggregators as stipulated in the Copyright Law are the recording of licensing agreements, determination of royalties in accordance with prevailing industry practices and fairness, and other liabilities that arise along with licensing agreements.