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Moch Adhitya Rifka Wibowo; Sunarto Sunarto

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

The background of this thesis is based on the role of pretrial which functions as a social control mechanism, its implementation in Indonesia still often experiences violations. Therefore, it is necessary to carry out an in-depth analysis to identify the causes of these violations and find solutions to increase the effectiveness of pre-trials in protecting the rights of individuals who are disadvantaged in the application of criminal law in Indonesia. The problem formulation for this thesis is How pre-trial arrangements are made in positive law in Indonesia ? and What is the function and role of pretrial in criminal law enforcement in Indonesia? The research method for this thesis is Normative Juridical where the author examines phenomena related to Pre-Trial from the aspects of Legislation and Legal Principles. The results of this thesis research are that pretrial arrangements in the criminal justice system in Indonesia are regulated in Law No. 8 of 1981 concerning the Criminal Procedure Code. Pretrial, in accordance with Article 1 point (10) in conjunction with Article 77 of the Criminal Procedure Code, is the authority of the district court to examine and decide on several matters, including whether or not an arrest and detention is legal, the termination of an investigation or prosecution, as well as requests for compensation or rehabilitation. Pretrial has an important role in maintaining the balance of law enforcement powers and individual rights in enforcing criminal law. Its main function is to control law enforcement actions and procedures, ensuring justice and compliance with applicable laws. Pretrial is also closely related to the principle of Habeas Corpus which guarantees that a person must not be detained without a valid reason and must be immediately brought to justice. Through pretrial proceedings, individuals can protect themselves from arbitrary actions by law enforcement and seek redress if their rights are violated. Pretrial and the principle of Habeas Corpus together form an important part of the criminal law system in Indonesia which focuses on justice and the protection of human rights.    

Made Wipra Pratistita; Adinda Kusumaning Ratri; Fachri Hafizd Selian; Irwan Triadi

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

The production of clothing produced by the textile industry cannot be separated from the use of dyes. The dyes that have been used of course become waste which can have an impact on the damage to the water ecosystem if they do not go through a waste treatment process. This research discusses the extent to which law enforcement has been carried out regarding the behavior of the textile industry which disposes of its clothing dye liquid waste haphazardly when viewed from statutory regulations. In this research the author uses normative legal research methods using legal sources from primary legal materials in the form of environmental law legislation and secondary legal materials in the form of books and articles regarding waste management. The conclusion obtained in this paper is that liquid textile dye waste is a dangerous waste that can damage the condition of water and river environments if its disposal is not based on the provisions of applicable laws and regulations.

Ninuk Arifiyani; Dini Gandini Purbaningrum

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

The DPD RI Inspectorate is tasked with overseeing the implementation of government affairs. However, there are several problems in the DPD RI Inspectorate such as the limited number of auditors, suboptimal budget, and low transparency in managing audit reports. The purpose of this study is to analyze the performance of the Inspectorate in the supervisory function at the General Secretariat of DPD RI. The research method used is descriptive with qualitative analysis. Data was collected through interviews, documentation, and observation. This research uses Agus Dwiyanto's theory (2006: 50) as follows: 1) Productivity, 2) Service quality, 3) Responsiveness, 4) Responsibility, 5) Accountability. The results showed that the performance of the Inspectorate was quite good in general, although not optimal due to constraints such as insufficient human resources and insufficient budget. The suggestion of this research is to increase the number of human resources and conduct socialization about applications that can be used by the Inspectorate..

Stefanny Tri Angelika; Indri Tri Hasanah; Nanda Nazam Masfufah Husna; Putri Fauziyyah M; Muhammad Fauzi Ramadhan +1 more

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

Population growth that occurred in Tasikmalaya City in 2021 reached 731,606 people. Population density brings a number of problems, namely the problem of waste at the Pancasila TPS. Where the Pancasila TPS becomes a rubbish dump for the people around Pancasila who experience environmental pollution which has an impact on the people who live around the Pancasila TPS. The aim of this research is to determine the adaptation of the community around the TPS. The data collection techniques used in this research took the form of direct observation and interviews with the community around the TPS. The research results revealed that the form of adaptation carried out by the community around the Pancasila TPS was passive. The community can only surrender to environmental pollution around settlements, because the people around the Pancasila TPS are indifferent. Apart from that, the people around the TPS use well water to meet their daily needs. People do not take any action to reduce the pungent odor produced by air pollution because they are used to the smell. Therefore, they do not make changes to their residential buildings to reduce the penetration of odors into the house.

Tsania Nurul Azkia; Arief Suryono

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

Humans are essentially social creatures who need help from other people in meeting their daily needs, especially those related to economic problems. The economy is fundamentally related to agreements, as these agreements are created to ensure that both parties comply with and fulfill their obligations. However, in fact, currently there are still many default disputes due to debtor negligence so that the legal consequences are cancellation of previously agreed agreements, transfer of risk, as well as compensation for costs, losses and interest. Apart from that, resolving default disputes can also be done by filing a lawsuit by creditors in district court as in case number 59/Pdt.G/2022/PN Mkd. After going through considerations, the case was decided by the judge and granted in part because there was one of the arguments of the lawsuit which was not in accordance with positive law in Indonesia.

Sarah Marissa Aromagira Girsang; Fally Avriantara

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

The 1945 NRI Constitution as the Constitution of the Republic of Indonesia has guaranteed equality before the law for everyone, therefore the State guarantees and is obliged to ensure that its citizens have better access to legal aid. The data still displays a difference in the number of Legal Aid Organizations (LOB) and the underprivileged individuals seeking justice. There are thousands of law firms that have been established and spread across the Indonesian territory in both litigation and non-litigation fields, which can be the solution or answer to this inequality. The type of research is juridical-normative and employs a legal approach to research. The interpretation method involves an interpretation-systematic approach that analyzes qualitative data. As for the conclusion reached, (1) The Regulation on the Granting of Legal Aid in Indonesia are based on the provisions of the Herziene Indische Reglement (HIR), Act No. 18 of 1981 on the Law of Criminal Procedure, Act No. 18 of 2003 on Advocates, Act No. 48 of 2009 on Judicial Authority and Act No. 16 of 2011 on Legal Aid. (2) The role of a law firm in improving access to legal aid in the community is to provide legal aid or legal services free of charge as an embodiment of the officium nobile and to cooperate or collaborate with certain local Legal Aid Institutions with the form of tangible activities such as holding legal counseling accompanied by the provision of legal aid services.

Harum Tri Nugraheni; Suraji Suraji

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

This article aims to examine the form of legal protection for buyers due to the implementation of legal regulations in Indonesia regarding cases of hidden defects in e-commerce transactions. This research is normative legal research with primary, secondary and tertiary legal materials. This research uses a legislative approach which will then be analyzed using the syllogism method with a deductive mindset. The results of this research show that internal legal protection is created by the parties themselves, if the business actor commits a breach of contract in the form of selling goods that are not in accordance with the agreement, this can result in internal protection not being fulfilled. Meanwhile, the UUPK and PP PSTE are a form of external legal protection because they are regulations that have been made by authorized officials to provide protection to weak parties from injustice.

Irwan Triadi; Lia Agustina

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

It is very important to instill state defense awareness to all citizens, especially the millennial generation as they are the successors and inheritors of the continuity of the life of the nation and state. This will help defend the country from internal and external threats, both military and non-military. Education is crucial in state defense as it helps the younger generation understand the history, principles and commitment to protect the country's sovereignty. Through education, students can understand the importance of maintaining national unity and integrity and become development actors that benefit the community and the country. The research that will be used in this paper is normative research with a perspective approach through ideology, laws, and phenomena. The purpose of this paper is to determine the extent to which formal education in Indonesia contributes to shaping state defense awareness among the younger generation, investigate the factors that influence understanding and awareness of state defense, analyze the implementation of the national education curriculum, provide recommendations for improving the education system. The benefit of this paper is to provide in-depth insight into the role of education in shaping a strong understanding of the concept of state defense among the younger generation.

Alinar Ristika Gamis; Emilia Susanti; Nikmah Rosidah

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

This research aims to analyze efforts to overcome the law of murder committed by children against their families. The type of research used is normative empirical. The data source was obtained from the field, namely LPKA Bandar Lampung. The results of the criminological analysis show that the crime of murder committed by children against their biological family is due to the presence of affection factors (Social Control Theory), anomie theory, differential association theory. The most dominant factor that causes the crime of murder committed by children is the factor of love for them from their families, especially their parents. Efforts to overcome murders committed by children against their biological families are through penal and non-penal means. The limitation of this research is that it only focuses on cases of child murder committed against their biological family and is not aimed at cases of murder against other people and the surrounding community. The contribution of this research at LPKA Bandar Lampung is to provide education regarding the applicable laws related to the murder of children against families.

Tiara Iga Mandera; Suraji Suraji

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

This study aims to determine the validity of the agreement between Gopay Later according to the Indonesian Civil Code. This research is a normative juridical legal study with a legislative approach. Based on this research, it is found that the electronic agreement of Gopay Later between consumers and PT. Multifinance Anak Bangsa (Gojek) can be considered valid according to Indonesian contract law and does not contradict the Indonesian Civil Code.

Beryl Alfarez Hertanto; Adi Sulistiyono

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

This article aims to explore the urgency of applying the principle of proportionality in online loan agreements. The research results are expected to be utilized by all parties involved, especially prospective recipients of online loans, in crafting a standardized online loan agreement. The research methodology employs normative legal research, utilizing both primary and secondary legal materials through a literature review data collection technique. The approaches used in this research are the legislative approach (statute approach) and the conceptual approach. The data analysis technique employed is deductive analysis using the syllogism method. The application of the proportionality principle is examined through a guiding theory to identify the proportionality principles in contracts, including the principles of equality of rights, freedom, proportional distribution, and an elegant resolution with a win-win solution. Applying the proportionality principle in online loan electronic contracts is expected to minimize the risk of disputes during the execution of online loan agreements.

Muhammad Rafli Akbar Fahriza; Dewa Gede Pradnya Yustiawan

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

This article aims to establish Legal safeguards for employees.within the legal framework of the employment system in Negara kepulauan Indonesia. The study utilizes normative legal research with a focus on legal and regulatory methodologies.. The research findings demonstrate that legal protection for workers in the realm of the Negara kepulauan Indonesian employment system includes: 1) Compensation protection, social protection, and social guarantees for workers; 2) Security and health protection for activities; 3) Legal protection in establishing and becoming a workers' union or employee union; 4) Preventing the infringement of workers' rights in negotiations; in the private sector.

Maria Teresa Wensen; Sari Mandiana; Agustin Widjiastuti

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

Health is a human right and is an element of welfare because health is a community need and must be realized. One of the health supports is medicine, the function of medicine is prevention, healing, recovery, health improvement, and contraception, for humans. Based on its function and the dangerous consequences of drug consumption, its manufacture and distribution must be under the supervision of the Food and Drug Monitoring Agency, by Presidential Regulation Number 80 of 2017 concerning the Food and Drug Monitoring Agency.Under his supe rvision, illegal drugs remain widespread and consumed in inappropriate doses by the public, including hard drugs and narcotics. As a result of dependence, many drug traffickers are caught and repeat the same actions (recidivists). Drug recidivism is regulated in Law Number 5 of 2009 concerning Narcotics Article 144 paragraph (1). However, the distribution of narcotics continues to occur. From the results of this research, the author found that BPOM's efforts as a supervisory body need to be increased, not only collaborating between agencies but also inviting the community, this is also to realize Chapter XIII concerning Community Participation, Law Number 35 of 2009 concerning Narcotics. Also, apply the most severe sanctions to create a deterrent effect so that there is no repetition of criminal acts of narcotics trafficking.    

Miftahul Jannah; Moh. Amin Tohari

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

This research discusses the causes of domestic violence (KDRT) against women. The aim of this research is to find out the impact of the causes of domestic violence that occur in RT 003 RW 011 Pondok Pinang. This research is qualitative research in collecting data using observation, interviews and documentation methods. The data analysis techniques used are data reduction, data presentation and drawing conclusions. Triangulation is used to explain the validity of the data obtained. The findings of this research show what women go through in terms of social function from the physical and mental levels they have gone through. The results of the research reveal that the causes of domestic violence against women occur due to economic difficulties, excessive emotions and disobedience, while several impacts are experienced by the victim, such as psychological impacts such as post-traumatic stress, shame and anxiety for the partner, first. both physical impacts such as bruises and bruises.

Adam Ilham Fabian; Lego Karjoko; Fatma Ulfathun Najicha

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

Legal protection and human rights for workers are basic rights guaranteed by the constitution. The impact of the development of information technology through online buying and selling has created new jobs such as expedited couriers. However, the lack of protection, especially regarding Occupational Safety and Health (OHS), creates inequality of rights for expedition courier workers. This research aims to explore the legal protection arrangements, especially in the aspect of OHS, for expedition courier workers, with reference to the principles of Pancasila justice. The research method uses a statutory and conceptual approach, with the collection of legal materials through literature studies with legal material analysis techniques used in this legal research is deduction reasoning. The principles of Pancasila justice require regulation in accordance with the values of Pancasila. The lack of regulations covering OHS for couriers results in inequality of rights and frequent work accidents. Therefore, revision of the Occupational Safety regulation needs to be carried out by prioritizing the values of Pancasila justice to ensure the safety of workers, including expedition couriers. The government needs to review the Occupational Safety Law to cover new types of work, such as gojek and expedition services, in accordance with the justice values of Pancasila as the Ideology of the Indonesian nation

Septian Arjuanda Putra Simatupang; Irna Sri Talenta; Helen Meliana R Hutajulu; Rizkika Kartadinata Siahaan; Sri Hadiningrum

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

This research examines the effectiveness of regional formation based on Law Number 8 of 2023 in order to support regional autonomy in Indonesia. The phenomenon of large-scale regional formation is quite worrying considering that many proposals are colored by the self-interest of the local elites who support them. Regional formation has only become a commodity of "political business" by local elites. "Hijacking" or manipulation of the formation of this area ultimately gave rise to many conflicts and problems at the local level, both in the expansion area itself and in its parent area. The method used in this study is a library research method or approach. The results and discussion of the research are in accordance with the mandate of the 1945 Constitution, that Regional Governments have the authority to regulate and manage government affairs themselves according to the principles of autonomy and assistance duties. The granting of broad autonomy to regions is aimed at accelerating the realization of community welfare through improving services, empowerment and community participation.

Syahan Nur Muhammad Haiba; Anjar Sri Ciptorukmi Nugraheni

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

In Indonesian positive law, only the KHI states that child custody falls to the mother. Other regulations only state that both parents are still obliged to look after their children without providing an explanation to whom child custody is given after divorce. In child custody decisions, several decisions were found that gave child custody to the mother, but also decisions were found that gave child custody to the father. This causes legal uncertainty in determining child custody after divorce. This research aims to analyze the most appropriate indicators of the judge's consideration in decisions regarding child custody based on the principle of the child's best interests. The research method used is prescriptive normative legal research using a conceptual approach. The results of the research show that there are several indicators that can be used in considering determining child custody, namely, child welfare, parental behavior, coordination between parents, and distribution of parental time. If it is felt that other indicators are needed, the judge can add these indicators as long as they are in accordance with the principle of the child's best interests.

Jaka Syahputra; Sanjaya Alacsel; Tri Rasyid Desky

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

From the results of the evaluation carried out on the training participants, the training participants participated in the event enthusiastically, this was seen from the beginning to the end of the event, all participants participated well, it was also seen in the question and answer session where all the training participants' problems were related to recording techniques and journal corrections, the aim of Community Service activities (PKM) in this community have been achieved well and in accordance with the stated objectives and the operation of the Labamu application has been successfully answered and provided direct guidance by the service team. Recommendations for follow-up activities are to focus more on different types of business from each BUMDes Unit. Mentoring can be carried out per group according to the participants' business base so that implementation is more effective and easier. The methods used for community service activities are (1) lectures and training on the use of the 'SIAPIK' application in conveying the concept of effective transaction recording for Village-Owned Enterprises and (2) case questions to provide examples of transaction recording practices and correction journals for transaction treatment note-taking errors, and (3) providing consultation and assistance in the field. The results of the evaluation of this service activity showed that participants' level of understanding of the material provided was 80%.

Rodia Afriza; Rahmat Syaibani; Fenty Zahara Nasution

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

This One way for a company to survive in the midst of increasingly fierce competition is to provide satisfactory service to consumers. Consumers who feel their needs are being met will not move to another place. Therefore, the company must have employees who are ready to provide excellent service or what is commonly referred to as excellent service to consumers. In providing excellent service as an effort to achieve customer satisfaction and loyalty, the company that provides services can be guided by the service excellence variables, namely: Ability, Attitude, Appearance, Attention. ), Action (Action), Responsibility (Accounttability). The application of the principles of excellent service aims to improve service to customers or consumers so that they are more optimal and able to achieve company goals.

Nanda Putri Ariska; Rahayu Subekti; Purwono Sungkowo Raharjo

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

This legal research aims to investigate how absentee land regulations are implemented in relation to agricultural land ownership in Temanggung Regency. The main objective is, first, to understand how absentee land regulations are implemented in relation to agricultural land ownership in Temanggung Regency. Second, to identify the factors that cause absentee ownership and control of land in Temanggung Regency. This research is a type of empirical juridical legal research that is descriptive in nature. This research method uses primary data obtained through direct interviews with the Temanggung Land Office and people who own absentee land. The research results show that absentee ownership and control of land still occurs in Temanggung Regency due to less than optimal implementation of the authority of the Temanggung Land Office. This condition occurs because there are buying and selling transactions outside official mechanisms and a lack of clear records by the Temanggung Regency Land Office regarding land inheritance. Several factors that cause the emergence of absentee land control and ownership in Temanggung Regency include legal aspects, law enforcement, community participation, infrastructure and culture.