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Ira Sandika; Syarifa Aini; Yona Kristin Simbolon; Sri Hadiningrum

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

Village Government as a government entity at the local level has an important role in community development and empowerment. This research aims to conduct an in-depth analysis of the village government system in Indonesia with a focus on the organizational structure, policies and challenges faced. This study uses a qualitative descriptive research method by collecting data through interviews, observation and study of related documents. The results of the analysis show that the Village government system in Indonesia has various components, including the Village head, Village Consultative Body (BPD), and other Village officials. However, there are still several challenges that affect the effectiveness and efficiency of Village government. Factors such as limited resources, lack of access to information, and regulatory complexity are the main obstacles in carrying out the duties of the Village government. In addition, community involvement and the role of women in village decision making still need to be improved to ensure fair representation. This research also highlights the importance of improving central government policies related to Village funds and increasing human resource capacity at the Village level. Recommendations for improvement involve a holistic approach involving relevant parties, including the central government, regional government and local communities.

Ario Andika Baskoro; Yudho Taruno Muryanto

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

This research aims to determine the regulations related to the implementation of digital gold investment in Indonesia and to determine the form of legal protection that BAPPEBTI can provide through statutory regulations for digital gold customers. This research is normative legal research that is descriptive in nature. The research approach used is a statutory and conceptual approach. The types and sources of legal materials used consist of primary legal materials and secondary legal materials. The legal material collection technique used is literature study a. The legal material analysis technique used is deductive using the syllogism method. Based on the research results, it was found that the implementation of digital gold investment trading in Indonesia is generally regulated in the Commodity Futures Trading Law, explained in more detail in Minister of Trade Regulation No. 119 of 2018, and the technical provisions are regulated in BAPPEBTI Regulations. The legal protection that BAPPEBTI can provide to digital gold customers includes carrying out supervision and even inspection of companies carrying out digital gold trading activities, then if violations are found by the company concerned, BAPPEBTI can impose administrative or criminal sanctions. However, there is a contradiction in Article 6 letters e and f in the Commodity Futures Trading Law, in letter e it is stated that BAPPEBTI has the authority to carry out inspections of parties who have business permits, individual permits, approvals or registration certificates. However, in letter f it is stated that BAPPEBTI appoints another party to carry out certain inspections in the context of implementing BAPPEBTI's authority as referred to in letter e. This shows that BAPPEBTI as a special institution for futures trading cannot be directly involved in enforcing the futures trading system, which means that BAPPEBTI's role in providing legal protection for digital gold customers is not optimal.    

Rahma Selina Yustika Yanti; Arief Suryono

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

The aim of this research is to investigate the regulations governing the position of the insured in credit life insurance and the responsibilities of insurance companies, as delineated in Decision Number 3079K/Pdt/2019. Credit life insurance serves as a mechanism for banks to mitigate the risk of debtor default in debt repayment resulting from the death of the debtor. It entails a collaborative effort between banks and insurance companies aimed at facilitating credit repayment to the bank in the event of the demise of the credit facility user (debtor). This research adopts a normative legal approach with a case study methodology, examining legal issues elucidated in court decisions of enduring legal significance. The findings from Decision Number 3079K/Pdt/2019 reveal that the insurance company bears the responsibility of settling the outstanding debt of the insured, contingent upon premium payments, in the event of the insured's demise. In the realm of insurance, the direct relationship typically exists between the insured and the insurer; however, in credit life insurance, the direct relationship materializes between the insurer and the policyholder, thereby rendering the position of the insured comparatively weak and indirect.

Rizky Gunawan; Aditya Vernando

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

This research aims to find out the parents' strategies in educating and developing children from early childhood to adulthood and the role of parents in balancing work and family or work life balance in daily life. The results of this study indicate that parents have several obstacles and factors in implementing the concept of work life balance, but have one strategy, namely authoritative parenting. Patterns that are combined between Authoritarian Parenting and Pessimistic Parenting. This can be seen from the 2 dimensions given, namely the Control and Warmth Dimensions, this process must also be carried out consistently and responsibly so that it is well implemented. The research uses qualitative methods with descriptive research types. With secondary data sources through national and international journal articles and using other sources such as online media, social media (youtube, instagram, facebook, and twitter). From the results mentioned, it can be concluded that work and personal life as well as the role of parents in educating children are the most important things in order to create a golden generation, where generations are able to provide polite attitudes, carry out responsibilities for work and personal life, and the most important thing is that children are able to become people who carry out all their activities in the social environment properly

Adinda Melinia Sari; Sari Mandiana; Paula Paula

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

This research discusses the criminal act of money laundering through crypto assets and the form of criminal liability for crypto assets as an object of money laundering in Indonesia. Crypto assets function as an investment not for currency as a means of payment, but crypto assets are legally designated as digital commodity objects in the form of assets. Crypto assets have the threat of being misused as a new mode of money laundering to hide and disguise the proceeds of criminal acts. This research is structured with a statutory approach, concept approach and case approach with data collection based on literature and secondary materials.The results of the discussion of this research show that legitimate crypto assets as digital commodities can turn into illegitimate or illegal crypto assets as a result of the object of the means of criminal acts of money laundering. Money laundering through crypto assets that fulfill the elements of the criminal act of money laundering has criminal liability. The perpetrators of money laundering through crypto assets can be reached and held accountable according to the money laundering article violated in Law Number 8 Year 2010.

Rachel Damayanti Gultom; Karmi Octaviani; Sri Wahyuni

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

The research purposes to determine effectiveness of the Manpower Expansion and Placement Program towards reducing the unemployment rate in the Riau Islands. This research is qualitative research with a descriptive approach. Data collection techniques are carried out by literature and documentation studies which are collecting data from records, administration, documents, books, and scientific works. Data analysis techniques were by reducing data, presenting data, and drawing conclusions. The results of the study are seen from the achievement of effectiveness indicators, namely a good understanding of the program because there is community participation and collaboration with various parties, target accuracy are running well because there is absorption of job vacancies, the timeliness of the program for a year, the achievement of goals by decreasing the unemployment rate even though it is not too much, and real changes in the impact of job training so that people have jobs and are placed according to their experience.  

Denis Yusuf Mercury; Agustin Widjiastuti; Paula Paula

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

The company as a place for providing employment, requires accepting workers the detention of the employee's original diploma as a guarantee so that employees cannot violate the rules in the company. Withholding of diplomas is a form of human rights violations that are often ignored by job providers. The purpose of writing this study is to determine the role of the government in handling cases of withholding original diplomas carried out by employers and protecting the human rights of employees to recover original diplomas withheld. The need for legal protection for employees who experience diploma withholding. The research method used by the author in this thesis is using normative research methods with literature research which is research on laws and regulations (Statute Approach) and literature or reading materials and obtained experts and scholars (Conceptual Approach) related to the material discussed. Based on research conducted in the results of the study, there are still many entrepreneurs holding diplomas. Although employers and workers enter into an employment agreement that does not include a clause withholding diplomas, but the original diplomas are still withheld on the basis of mutual trust between employers and employees. The actions of employers have been included in human rights violations, this results in employees not being able to apply for jobs elsewhere that are better in accordance with their abilities. There is a conclusion that there is a legal vacuum, there is no specific law prohibiting the withholding of diplomas.

Nadya Priscilla Wibowo; Rahayu Subekti; Purwono Sungkowo Raharjo

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

This study aims to compare the regulation of cosmetic distribution between the Food and Drug Administration (BPOM) in Indonesia and the Food and Drug Administration (FDA) in the United States. The comparative method is carried out by analyzing regulations, registration procedures, security requirements, post-marketing supervision, and the role of each institution in maintaining the safety of cosmetic products. The research results show that although BPOM and FDA have the same goal of protecting consumers and ensuring the safety of cosmetic products, there are significant differences in their regulatory approaches and registration procedures. BPOM tends to adopt a more formal, qualified approach with strict requirements for registration of cosmetic products, while FDA uses a more flexible approach with more responsibility devolving to manufacturers to ensure compliance with approvals. The two agencies also have differences in post-marketing oversight. Indonesia's BPOM tends to be more active in conducting regular product testing on the market, while the United States FDA relies more on consumer and manufacturer reports to identify unsafe products. However, both face similar challenges in dealing with the rapid development of the cosmetics industry and product innovation. Continuous efforts are needed to improve regulation and supervision to ensure that cosmetic products in circulation are safe for consumers around the world.  

Ayu Widya Wardani; Suraji Suraji

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

This research describes and examines the issues arising from the secondhand clothing bazaar (thrifting) in Surakarta. The prohibition of thrifting in Indonesia is stipulated in Law Number 7 of 2014 concerning Trade in Article 47 paragraph (1). Despite the existing prohibition, the fact remains that thrifting activities are still widespread in Indonesia, attracting the interest of event organizers to host large-scale thrifting-themed events, thus leading to an increase in both traders and event organizers involved in thrifting activities in Indonesia. This study is an empirical legal research of a descriptive nature. The types and sources of research data include primary and secondary data as well as primary, secondary, and tertiary legal materials. Data collection techniques employed include interviews, followed by qualitative data analysis methods. The research findings indicate several problems with the secondhand clothing bazaar in Surakarta, including the potential decline in public interest towards local products, with a shift towards purchasing secondhand clothing. Furthermore, secondhand clothing may potentially harbor diseases such as mold, as evidenced by tests conducted by the Ministry of Trade. The influx of imported secondhand clothing also generates textile waste, and the efforts by the Indonesian government to halt the secondhand clothing trade have not been fully effective.

Daulat Nathanael Banjarnahor; Firinta Togatorop

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

The community service program in this article provides outreach to new voters about Anti-Corruption Education and the Anti-Money Politics Movement, ahead of the 2024 General Election. Anti-Corruption Education is an action to control and reduce corruption in the form of an effort to encourage future generations to develop a firm attitude towards every form corruption. Money politics is a form of giving or promising to bribe someone either so that the person does not exercise their right to vote or so that they exercise their right in a certain way during the general election. Political education is a form of political outreach to the public to understand and understand politics, especially to the general public regarding general elections and the democratic process therein. Political education also contains the meaning of political participation, meaning that society also participates in the political process. The choice of the GKPI 2 Pematangsiantar Private Vocational School was due to the high level of first-time voters in the 2024 elections, so the team felt it was necessary to provide socialization about political education to many young voters who were in high school. We want GKPI 2 Pematangsiantar Private Vocational School students to be aware and have adequate knowledge regarding preparations for the upcoming 2024 elections. The output target that we hope for as organizers and cooperation partners is the understanding of GKPI 2 Pematangsiantar Private Vocational School students which can be obtained from the political education regarding preparation for the 2024 Election that we provide. By participating in this socialization, it is hoped that students will be able to provide an understanding of the material presented to their peers or people outside the school environment. Participants in our community service activities are representatives from each class at the GKPI 2 Pematangsiantar Private Vocational School who are 17 years of age or older, or who will have the right to vote when the elections are held

Trianda Lestari; Syahrando Muhti; Muhamad Fatur Rahman Bey Husdi

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

A broken promise or default is a situation where a debtor is unable to fulfill his obligations in accordance with the debt and receivable agreement he made, for example not making installments or repayment on time. As in article 13138 of the Civil Code which states "All agreements made in accordance with law apply as law for those who make them. This agreement cannot be withdrawn other than by agreement of both parties, or for reasons determined by law, the agreement must be carried out in good faith. In this paper, the problem is regarding the bank credit payment agreement made between the debtor and the creditor in the contents of the agreement that has been given by agreement between the parties given a period of time by the creditor to the debtor, but the debtor is negligent and does not pay compensation even though it has been billed and a summons has been given. or a warning, so that the debtor files a lawsuit. The theory in this research uses contract law theory which regulates agreements and methods using normative legal research methods which refer to court decisions and statutory regulations. So the title that the researcher will discuss is the analysis of cases of default between debtors and creditors regarding bank credit loan agreements, case study decision number 51/PDT.G.S/2023/PN.BTG

Lisa Kurniasari Wibisono; Helba Rundupadang; Agustinus Mantong; Randi Tangdialla; Althon K. Pongtuluran

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

Indonesia is a tropical country, therefore cold and sweet drinks are a favorite sought after by the market. This activity aims to introduce smoothies times products  directly to the public. In addition, to remind people to live healthy by consuming smoothies. The peculiarities of the entire Time Smoothies product  include the raw material, namely fruit. The fruit that is the main ingredient of the product is fresh fruit and without preservatives so that the quality of the drink will be guaranteed

Welda Aulia Putri; Anjar Sri Ciptorukmi Nugraheni

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

This research aims to analyze the indicators of the principle of abuse of circumstances in the consideration of judges who give rise to legal consequences of the existence of abuse of circumstances in economic excellence in an agreement. The research method in this journal is normative legal research. The nature of research in this journal is prescriptive. The research approach used is the legislation approach and case approach. Primary legal materials in this journal, namely the Civil Code, jurisprudence, and court decisions. As for secondary legal materials, namely book literature, legal journals, and other relevant literature. The results of the study indicate that the case in Supreme Court Decision Number 1395 K/Pdt/2017 has proven that there is an abuse of circumstances in economic excellence.

Muhammad Ar Rafii; Elan Jaelani

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

his research aims to discuss the problems in fulfilling the quota for women's political participation in the legislature and the efforts of state institutions to increase women's participation in general elections. This research uses a qualitative method with a normative juridical approach. That is an approach based on the main legal material by examining theories, concepts, legal principles, and laws and regulations related to this research. The results of the study show an increase in women's representation in the legislature, but the representation rate is still far away because the last legislative election practice system in 2019 used an open proportional system, and there is still a low level of public understanding of women's representation in the legislature which is a form of gender equality. The efforts made by the relevant institutions, namely the KPU and Bawaslu, in improving these problems are to ensure the fulfillment of the 30% quota of women's representation in the nomination of legislative members and to provide strict sanctions for those who do not fulfill it. This effort reflects the need for strict supervision to ensure the implementation of rules in achieving the goal of women's representation. Thus, improving the electoral system, increasing public knowledge, and applying strict sanctions are necessary to achieve the affirmative targer of women in politics in Indonesia.

Ridho Hidayat; Moh. Amin Tohari

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

This research aims to determine behavior modification in the adaptation process, and the obstacles to the adaptation process for new inmates at the Class IIA Tangerang Penitentiary. Type of qualitative descriptive research to obtain in-depth data. The collection technique is carried out by random interviews, collecting actual information in detail, identifying problems and collecting data from in-depth interviews, observation and documentation. Informant research, namely only 5 (five) people from the research subjects were selected and considered to represent the whole, determining the data source for the people interviewed, namely, there were two types of key informants and main informants. The data analysis method is by describing or explaining the phenomena resulting from observation or interview activities, explained in the form of words, sentences or images. with researchers using the triangulation method by comparing checking the validity of data obtained from observations, interviews and documentation studies. Based on the data found in the field in correctional institutions that are experienced by new inmates, namely the adaptation stage, there are 4 processes in adapting, namely Honeymoon, culture shock, adjustment. New inmates don't feel happy, but rather anxiety such as stress, depression, fear of being bullied or even sick, behavior modification in correctional institutions carries out stages, namely socialization development, spiritual development and independence development, from the stage that institutions for inmates no longer experience anxiety and can accept the environment new and don't feel stressed to the point of getting sick. Changes in the behavior of new inmates have undergone changes, namely they have followed spirituality and participated in programs within correctional institutions so that they do not experience stress and depression. From the researchers' conclusions, the inmates will no longer repeat their actions, namely their strong desire to change and of course the coaches in correctional institutions who always provide positive values to new inmates.

Nurlita Purnama; Annisa Miskiyah; Reza Rizkynata; Muhammad Khairul Anwar

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

This research is based on the large number of public reports that have been submitted to the Greater Jakarta Ombudsman regarding allegations of maladministration that have occurred in the education sector, especially complaints about New Student Admissions. This problem requires a resolution by the Greater Jakarta Ombudsman to handle public complaints and prevent recurring maladministration in the education sector, especially regarding complaints about Acceptance of New Students in Depok City. This study aims to analyze and describe the performance of the Greater Jakarta Ombudsman in handling complaints about Acceptance of New Students in Depok City. This is based on the problems that occurred in the implementation of the Acceptance of New Students which were still colored by allegations of maladministration, which made public services in the field of education inefficient, lack of supervision in the implementation of the acceptance of new students. The results of the study concluded that in the Productivity indicator there are still a number of things that need to be improved such as policies that have been made that are not in accordance with the needs of society in the digitalization era. Service Quality Indicators still need a number of things to pay attention to such as budget constraints, human resources and very limited work space. Responsiveness Indicators There are still a number of things that affect performance achievements. The Responsibility Indicator is still lacking in realization to achieve the target every year. As well as the Accountability indicator, there is still no specific accountability report in the form of the Jakarta Raya Ombudsman annual report on various media platforms.

Indra Yuri Pradana; Edi Pranoto

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

This research aims to analyze and evaluate the implementation of fulfilling prisoners' rights at the Class IIB Demak Detention Center. Fulfilling prisoners' rights is an important aspect in the criminal justice system which focuses on rehabilitation and social reintegration. This research uses a qualitative approach with data collection techniques through observation, interviews and documentation studies. The results of the research show that the implementation of fulfilling the rights of prisoners at the Class IIB Demak Detention Center experiences a number of challenges. Some rights, such as the right to health facilities, education and work, have not been fully fulfilled optimally. Limited facilities and infrastructure, a lack of manpower, and internal regulations that do not fully support the fulfillment of prisoners' rights are the main factors for deviations. However, this research also identified several good practices in fulfilling prisoners' rights, such as the existence of rehabilitation programs that focus on skills development and education. Collaborative efforts between internal and external parties are also recognized as a positive step in improving the living conditions of prisoners. Based on these findings, this research recommends improvements in the management of facilities and infrastructure, increasing the number of workers, as well as improving internal regulations to optimally support the fulfillment of prisoners' rights at the Demak Class IIB Detention Center. It is hoped that the results of this research can contribute to improving the system of detention and rehabilitation of prisoners in Indonesia in general.

Fisterina Wardani; Achmad Denny Maulana; Kinanti Citra Prasasti; Dinar Kristina Kusumawati; Amelia Dwi Callista +1 more

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

This research is entitled "Effectiveness of the Role of Religious Courts in the Implementation of Marriage Age Limits as an Effort to Reduce the Rate of Early Marriage (Study at the Sukoharjo Religious Court in 2024)" which is based on a phenomenon in society related to the rise of teenagers having relationships like husband and wife. to pregnancy out of wedlock at an age that has not yet reached the minimum age limit for marriage. Islamic law does not provide clear boundaries for marriage, it only determines the measure of a person's maturity when they reach puberty. Islamic jurisprudence scholars agree in determining taklif, namely when semen comes out for men and menstruation for women, which is different from Law Number 1 of the Year. 1974 provides a clear age limit for someone to get married, namely 19 years for men and 16 years for women. Marriage dispensation is a grant of the right to a person to marry even though they have not yet reached the minimum marriageable age. Marriage dispensation is regulated in Article 7 paragraph (2) of Law Number 16 of 2019, an amendment to Law Number 1 of 1974 concerning Marriage. Marriage dispensation is an exception to Article 7 paragraph (1), namely that the age limit for marriage for men and women has reached 19 (nineteen) years. This type of research is field research or field research which can also be called qualitative research. Therefore, the author conducted this research at the Sukoharjo Religious Court, regarding data sources the author chose primary data sources, namely data from the court and secondary data sources, namely from several books as references. The data collection techniques used are observation, documentation and archive methods. The approach method used in this research is normative juridical, namely research that begins deductively with an analysis of the articles in the statutory regulations that regulate the above problems. Juridically, this means research that refers to existing literature studies or secondary data used. Meanwhile, normative means legal research which aims to obtain normative knowledge about the relationship between one regulation and another and its application in practice. The method used is a descriptive method by means of document analysis. In other terms it is also called content analysis or information analysis which focuses its activities on document research, analyzing regulations and legal decisions.

Fadhilah Umi Nur’aini; Salsabilla Bintang Maharani; Yugo Raiasa Citrasmara Noor T; Berliana Kharisma Asti; Josef Purwadi

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

This research aims to analyze the causes of the high number of contested divorces and to find out solutions to the high rate of contested divorces in the Sukoharjo Religious Court. This research uses empirical research. The research results show that the high rate of divorce is caused by various factors, namely: economic factors, third party factors and moral factors. These three factors are the main causes. The solution to contested divorce is to mediate with the parties and provide legal education to the community regarding the impacts of divorce

Adinda Vinka Maharani; Suraji Suraji

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

This research aims to determine the legal responsibilities of coal companies in fulfilling their achievements due to the export ban. This legal writing is included in the type of normative legal research using a legislative approach including primary legal materials and secondary legal materials collected through document study and analyzed using deductive legal material analysis using the syllogism method. This research examines the implementation of the Decree of the Minister of Energy and Mineral Resources Number 139.K/HK.02/MEM.B/2021 regarding the fulfillment and prioritization of domestic coal needs. The failure to fulfill the Domestic Market Obligation then gave rise to an export ban by the Ministry of Energy and Mineral Resources through the issuance of Circular Letter from the Directorate General of Minerals and Coal, Ministry of Energy and Mineral Resources Number B-605/MB.05/DJB.B/2021. The export ban then causes coal entrepreneurs to be unable to fulfill agreements with foreign companies. Non-fulfillment of achievements due to changes in Government policy in the form of an export ban is analyzed and categorized as force majeure so that non-performance, compensation or cancellation of the agreement cannot be sued. The legal responsibility that can be carried out by coal entrepreneurs in the event of an export ban is to submit a force majeure situation and prove that their party has been in good faith from the beginning until the agreement is in progress.