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Fakhrian Yudiansyah; Eneng Rika; Laela Sari; Tegar Wahyu Hidayat; Yeli Yana

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

The Constitution is the fundamental foundation for the establishment and development of an independent state, reflecting the framework of a democratic and just political life. As an integral part of the constitutional system, the Constitutional Court (MK) plays a crucial role in safeguarding justice and democracy through its oversight and constitutional interpretation functions. The Constitutional Court in Indonesia functions as a guardian of the constitution, ensuring that all components of the state and society consistently implement the constitution. Indonesia's constitutional history shows significant dynamics of change, with the 1945 Constitution undergoing various amendments before finally being reaffirmed in the reform era. The establishment of the Constitutional Court in 2003 reflected the spirit of reform to guarantee human rights and the rights of citizens that had previously been neglected. With a special task in handling constitutional cases, the Constitutional Court aims to maintain government stability and overcome the problem of multiple interpretations of the constitution that occurred in the past.

Helmi Jufri; Arifin Tumuhulawa; Ramdhan Kasim

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

This article aims to determine and analyze the effectiveness of the security of the Indonesian National Police Intelligence in the execution of disputed objects. Study in the Legal Area of the Batahan Police, Mandailing Natal Police (Madina), North Sumatra Police and to determine and analyze the factors that influence the security of police intelligence at the Batahan Police, Polda. North Sumatra regarding the execution of disputed objects. This type of research uses a Sociological Juridical Approach, namely a sociological juridical approach which is based on applicable statutory provisions linked to legal theory and looks at the reality that occurs in society by studying the law and reality in the field. The effectiveness of security at the Mandailing Natal (Madina) Police Department of North Sumatra Police regarding the execution process for disputed objects in North Sumatra Province based on Perkap BIN No. 2 of 2013. The implementation of security carried out by police personnel regarding the land dispute execution process based on obtaining data from all indicators based on security aspects of the North Sumatra Regional Police's Ditintelkam and Banlahan Police showed less effective results. On the other hand, the police have a role as law enforcers, so they must try to mediate in every conflict that occurs in society, especially in efforts to handle land execution cases. In an effort to increase the effectiveness of the police in securing land executions, they must adhere firmly to the law so as not to violate the role and function of the police, namely as protectors of the community, sometimes they are negligent and violate provisions.

Imelia Damai Agusthin; Sasqia Putri Ramadhani; Muhammad Adymas Hikal Fikri

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

In early March 2024, black oil waste was found along the shores of Bintan Island in the Riau Islands Province. This is not the first time an oil spill has been discovered on Bintan Island; such incidents recur annually. This article discusses the legal policies of the applicable maritime law convention related to this case, as well as the environmental restoration mechanisms due to oil spills in marine waters. This research adopts a juridical-normative approach, employing the Statute Approach. Data analysis is conducted qualitatively, using secondary data sources, and employing legal document analysis and literature study methods. UNCLOS provides a strong legal foundation for countries to preserve and protect the marine environment, including actions in response to oil spills. The legal provisions discussed in this article are Article 1 Paragraph (4), Article 192, Article 193, Article 233, Article 220, and Article 230 of UNCLOS 1982, covering definitions, state obligations and autonomy, the role of states, enforcement authority, and compensation obligations. The primary objective in the initial emergency response is to control the movement of the oil as much as possible and minimize its toxic impact on the marine environment. Various methods that can be chosen include in-situ burning, oil dispersants, using absorbents, and bioremediation. After cleaning the oil from the waters, attention shifts to rehabilitating the affected ecosystem, involving restoration steps such as restoring natural habitats and replanting marine vegetation, with collaboration between the government, community, and local entities for positive future impacts.  

Alya Rosana; Arief Suryono

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

Investment-linked insurance, otherwise known as unit-linked insurance, offer attractive potential benefits because in addition to providing life protection, they also offer investments for policyholders. However, it also involves the construction of complex legal relationships between policyholders and insurance companies. The purpose of this study is to determine and analyze the construction of legal relationships in insurance schemes linked to investment. This research uses normative legal research methods through data collection techniques in the form of literature studies. The approach used is the statute approach. The results show that the unit-linked insurance agreement scheme involves at least two key elements, namely policyholders and insurance companies. Policyholders can choose to invest their funds in financial instruments managed by investment managers. The legal relationship between the parties is based on an insurance contract known as a policy. The insurance policy regulates the rights and obligations of each party. Premiums paid by policyholders are allocated to the basic premium for insurance protection and investment premiums. Meanwhile, the insurance company provides a return on the premium in the form of life protection and investment management.

Salwa Salsabila Wibawa; Arief Suryono

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

This research is a normative legal research with a statutory approach. Shopee Paylater is a method of paying for an item in installments, where people can buy goods now and make payments at a later date in installments for 1, 3, 6, 12, 18, or 24 months on a predetermined due date. This research was conducted to determine the application of the principle of balance in Shopee paylater for loan recipients which is included in a standard agreement and is prone to violating the provisions in the applicable regulations. The result of this research is that the terms and conditions of Shopee paylater for loan recipients have not applied the principle of balance.

Imas Sumiati; Nadia Putri Meirina

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

This research was conducted to determine the coordination of making E-KTPs provided by the government. Apart from that, this research was also carried out to find out the factors that constrain the E-KTP making service system which can be seen from the lack of availability of blanks and the public's lack of understanding regarding technology. In service procedures, the research using a qualitative case study approach by collecting data obtained from observations and interviews. The results of this research show that the service system for making E-KTP is still not optimal, which can be seen starting from the uncertain service certainty, as well as there are still delays in printing, where there is a lack of blank availability and there are still people who do not understand the technology.

Abdul Rezal Antukai; Nirwan Junus; Melisa Towadi

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

This journal discusses the legal requirements for fish catch as the object of a production sharing agreement in Pohuwato Regency. In the context of business cooperation between ship owners and crew members, production sharing agreements have become common practice, although they are often done verbally. This research aims to examine the legal requirements that must be fulfilled by fish catches in order to be the object of a valid production sharing agreement. In this research, normative research methods were used with a legislative approach, a case approach and a conceptual approach. The data used is secondary data obtained through literature study and analysis carried out qualitatively. The research results show that there are four legal conditions that must be fulfilled in an agreement, namely agreement between both parties, ability to carry out the agreement, clear and halal objects, and a form that complies with applicable legal provisions. Apart from that, it was also stated that Law Number 16 of 1964 concerning Fishery Profit Sharing provides an outline of the minimum percentage of profit sharing that must be received by fishermen. However, this research also reveals that the production sharing agreement system in Pohuwato Regency does not always work as it should, especially due to inhibiting factors such as low levels of education. Therefore, the legal protection of fishermen as parties entering into production sharing agreements needs to be improved. In conclusion, to fulfill the legal requirements for fish catch as the object of a production sharing agreement, there needs to be an agreement between both parties, fulfillment of applicable legal requirements, as well as adequate legal protection for fishermen as parties involved in the agreement. Efforts to increase legal understanding and awareness of fishermen's rights need to be made to ensure fairness in the distribution of fish catches in Pohuwato Regency.

Ni Wayan Erlianti; Lisnawaty W. Badu; Jufryanto Puluhulawa

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

The research discusses the factors causing drug abuse cases and their countermeasures in Pohuwato Regency. The method used in the research is empirical with qualitative descriptive data analysis that describes and describes reality data in the field. Based on the results of the study, that the factors that cause drug abuse cases in Pohuwato Regency are internally derived from within a person. Where the inability to adjust and weak self-confidence so that the perpetrator is unable to control the desire to try and have experience with drugs that are expected to overcome the mental pressure he experiences. The pressure in question comes from family circumstances that are less supportive (not harmonious) and indifferent to one's self-development. In addition, there are external factors, namely the promiscuity of the perpetrator, social and work environment factors, economic problems and easy access for the perpetrator. Police Countermeasures against Drug Crimes in Pohuwato Regency are carried out by conducting Early Prevention or Pre-emtif efforts by conducting searches regarding the causes or drivers, to the opportunities for the use of these illegal drugs. Early prevention is carried out through education that aims to create awareness and vigilance, by distributing banners and advertising banners and invitations not to use drugs in agencies and public service places including in the school environment. Preventive efforts with socialization and counseling, supervision of narcotics trafficking traffic both at the port and land which is the entry point for migrants in Pohuwato district.  In addition, this supervision is also carried out routinely in places where transactions are usually held, for example nightclubs and locations where teenagers usually gather, and conduct operations or patrols or raids. Repressive efforts as the last step to take firm action against the perpetrator by imposing sanctions, as well as the implementation of rehabilitation involving various elements.

Sri Winda Latif; Lisnawaty w Badu; Ahmad Ahmad

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

This research is intended to: (1) find out how the review of the imposition of criminal sanctions for abuse of authority by village officials is based on the Gorontalo District Court Decision Number 1/Pid.Sus TPK/2020/PN Gto, and (2) find out what factors influence the imposition of crimes on Gorontalo District Court Decision Number 1/Pid.Sus-TPK/2020/PN Gto. This research uses a type of normative legal research that uses legal norms, including statutory regulations, doctrine, and judge's decisions as a foundation for providing arguments. The approach models used are the statutory approach, case approach and conceptual approach. The research results show: first decision no. 1/Pid.Sus TPK/2020/PN Gto, is not completely correct because prison sentences tend to be low and do not comply with legal principles and harm the sense of justice in society. Apart from that, the implications of the judge's decision in decision no. 1/Pid.Sus TPK/2020/PN Gto, if examined from the perspective of the principles of justice, expediency and legal certainty, these principles have not been fully implemented because it can be seen from the low number of judges' sentences against defendants. Second, the factors influencing the imposition of criminal sanctions in case no. 1/Pid.Sus TPK/2020/PN Gto, it was the absence of aggravating reasons applied by the panel of judges, and the public's perception or opinion of the defendant not being considered, which resulted in the sanction imposed being only 3 (three) years in prison.

Angraini K. Baculu; Fence M. Wantu; Julisa Aprilia Kaluku

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

The aim of the research is to analyze the factors that cause criminal acts of traffic accidents committed by children and the responsibility of children related to traffic accidents committed by minors which cause death. The research method used in this research is an empirical method. The results of the research show that: 1. The factors causing the occurrence of criminal traffic accidents committed by children which cause death are. General factors include: Manuia, Weather/Nature, Road Conditions. Then external factors, including: Age, personal existence, lack of awareness of the safety of oneself and others, lack of awareness of traffic regulations. And internal factors, including: Lack of parental attention, social environment.2. Responsibility of children for criminal acts of traffic accidents by minors which cause death. The provisions for criminal fines for children whose negligence causes someone to lose their life in Article 310 paragraph (4) of Law Number 22 of 2009 concerning Road Traffic and Transportation can be imposed a fine that can be imposed on childrezn whose negligence causes someone to lose their life at most ½ (one half) of the maximum threat of imprisonment for adults. It can be concluded that for children whose negligence is proven to result in someone losing their life, the threat of imprisonment that can be imposed on them is ½ of the fine in Law Number 22 of 2009 concerning Road Traffic and Transportation. Because the criminal fine in Law Number 22 of 2009 concerning Road Traffic and Transportation is a maximum of IDR 12,000,000.00 (twelve million rupiah), then for a child whose negligence causes someone to lose their life a maximum of IDR 6,000,000, 00 (six million rupiah). Keywords: Accident; Traffic; Child; death.

Nadya Shahnaz Gabriella; Akbar Ramadhan Gumas; Ardinia Awanis Shabrina; Febrianita Aisyah Putri

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

Corruption originates from the Latin word corruptio, which was used by Aristotle in his book degeneratio et corruptione It means change or deterioration and has no connection to power or money . Corruption offenses fall under the category of special criminal acts, thus requiring specific measures to eradicate them Indonesian positive law regulates the eradication of corruption offenses in Law Number 31 of 1999 as amended by Law Number 20 of 2001 concerning the Eradication of Corruption Offenses. Corruption is an extraordinary crime; its impact can harm democratic values, morality, national finances, and violate social and economic rights of the community It also poses a threat to the aspirations towards a better society. The factors that cause corruption are as follows: (1) Individual behavior, (2) Political factors, (3) Economic factors, (4) Legal factors, (5) Social factors This study aims to understand and provide information about corruption, types of corruption, and the factors that cause corruption in general.

Asrina Nggai; Dian Ekawaty Ismail; Avelia Rahmah Y. Mantali

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

Acts of sexual violence against women and children are a threat that continues to occur anywhere in the world. Boalemo Regency is one of the districts that has experienced a fairly high increase in the number of cases of sexual violence against children. Based on information obtained by the author at the Boalemo Police, the number of cases Sexual violence in the last 3 years has increased by 55 cases. In 2020 there were 15 cases, in 2021 it increased to 18 cases and in 2022 cases of sexual violence increased to 22 cases and cases of sexual crimes against women, in 2019 there were 2 cases, in 2020 only 1 case, and in 2021 only 2 cases. This research aims to determine the factors that cause sexual violence against women and children and to determine the police's efforts to tackle acts of sexual violence against women and children. This research aims to find out what factors cause criminal acts of sexual violence against women and children in Boalemo Regency and what police efforts are in dealing with criminal acts of sexual violence against women and children in Boalemo Regency. The research method used is empirical legal research. The data obtained in this research is analyzed qualitatively, namely by collecting data and drawing conclusions to determine the results. The research results show that there are several factors that cause sexual violence against female children in Boalemo Regency, namely: alcohol, low education, unmet biological needs, the role of the victim, lack of religious education and pornography. And the police's efforts to tackle criminal acts of sexual violence against women and children in Boalemo Regency are: conducting outreach and providing information about sexual violence through social media.

Muhammad Syafiq Prasetyo Nugroho; Anjar Sri Ciptorukmi Nugraheni

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

This study examines the position of notes used in transactions at Shoes and Care along with the forms of breach of contract that often occur in Shoes and Care based on a review of the law of the agreement. The research also analyzes appropriate dispute resolution alternatives to be applied with a review of Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. This type of research is a field study to obtain primary data along with a literature study to obtain secondary data analyzed with interactive analysis techniques. The result of this research is the position of the memorandum in the agreement made by the consumer with Shoes and Care as a draft agreement containing several clauses agreed between the consumer and Shoes and Care orally. Often the engagement/achievements in the agreement are not fulfilled which is referred to as a state of breach of contract. The forms of breach of contract that occur can be in the form of achievements that are not carried out, achievements are not carried out in accordance with the agreed time, and achievements are not carried out properly. Breach of contract that occur can then be resolved through negotiation as an alternative to effective and efficient dispute resolution.

Suci Nabila Mustapa; Fence M. Wantu; Julisa Aprilia Kaluku

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

The criminal disparity is inconsistent of different decisions toward crime with similar characteristics where its danger is comporable without obvious justification. Narcotics are substances or drugs from plants or others, wheter synthetic or semi synthetic, that can fatally affect the consciousness and lead to an addiction. This study aimed to analyze the factors influencing the disparity in judges decisions and the solutions or judges consideration in sentencing toward drug abuse cases. This normative research used a case approach referencing primary, secondary, and tertiary legal materials. Data collection techniques were carried out using literature studies. Based on the analysis, two factors influenced the judges decision legal and social. Besides, the verdict made by the judge has not fulfilled the sense of justice due to the irrelevancy.

Wilda Malika Mufrihah; Elan Jaelani

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

This article aims to explore the legal framework relating to the protection of child victims of international abduction, as well as highlighting efforts that can be made to ensure security, welfare and fair solutions for the children involved. This study uses normative juridical legal research methods, namely This was done by examining statutory regulations and international conventions in the field of legal protection for child victims of international child abduction. The method used is library research or literature study. This research uses book sources and other data. This research was also carried out by reviewing and analyzing various kinds of literature. The 1980 Hague Convention on the Civil Aspects of International Child Abduction is a multilateral agreement that aims to protect children from the detrimental effects of international kidnapping by encouraging the immediate return of children who have been wrongfully appointed or detained outside their home country. The 1980 Hague Convention on the Civil Aspects of International Child Abduction is the only international legal instrument specifically designed to deal with cases of transnational child abduction. Legal protection for children in mixed marriages experiencing divorce involves various aspects that require special attention. Law Number 23 of 2002 concerning Child Protection, in Article 1 of the 1980 Hague Convention concerning Civil Aspects of International Child Abduction is a multilateral agreement that aims to protect children from the detrimental effects of international kidnapping by encouraging the immediate return of children who have been wrongfully appointed or detained outside their home country. Legal protection for children in mixed marriages experiencing divorce involves various aspects that require special attention. Law Number 23 of 2002 concerning Child Protection, in Article 1 provides a definition, what is meant by child protection is all activities to guarantee and protect children and their rights so that they can live, grow, develop and participate optimally in accordance with their dignity and human dignity, and receive protection from violence and discrimination.

Pandito Malim Hasayangan Tanjung; Zalzabila Agnia Husna

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

In the rapidly evolving digital age, video content has become one of the dominant and popular forms of communication. However, with the ease of access and dissemination of content, the risk of originality rights infringement has become increasingly high for content creators. This research aims to analyze the preventive measures that content creators can take when their originality rights are violated in video content. The research method involves analyzing the policies and features of major platforms such as YouTube and TikTok, as well as a review of the concept of copyright in applicable laws. The analysis shows that content creators can take effective preventive measures, including copyright registration, the addition of clear watermarks, active monitoring of content usage, and cooperation with platforms. While challenges remain, consistent preventive efforts and copyright awareness can help content creators protect their original works in the dynamic digital realm. This research provides practical guidance for content creators to maintain the integrity of their creativity and encourage a culture that respects originality rights in the digital environment.

Fadel Afandi; Mutia CH. Thalib; Mohamad Rivaldy Moha

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

This study aims to determine and analyze the protection of domestic workers related to working time and to determine what legal remedies can be done in the event that working time exceeds working time in general. Researchers use the type of normative juridical research. This writing focuses on literature research in the form of collecting legal materials with legal approaches and concepts that are analyzed in a legal perspective. The results of this study indicate that: (1) Regulation No. 2 of 2015 on the protection of domestic servants (PRT) has not been able to reach the Act No. 13 of 2003 in the employment relationship. Since domestic workers are considered not employed “employers", they do not get the protection that the law gives to other workers. (2) the Ideal worker timing Model for domestic workers in Indonesia is still unclear. Domestic workers in Indonesia are still very vulnerable to exploitation related to inhumane working hours, especially for domestic workers who live with their employers. Therefore, it is expected that the government can immediately ratify the Domestic Workers Bill into the Domestic Workers Act

Shyandra Putri Buhang; Fence M Wantu; Nuvazria Achir

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

the study aims to analyze the imposition of a criminal verdict in the case of murder that occurred in case No. 117/PID.B / 2022 / PN GTO at the Gorontalo City District Court, as well as factors that influence the judge in deciding the murder case. The research method used is normative legal research with the approach of legislation and the approach of existing cases, which are then analyzed in a descriptive qualitative. The results showed that the analysis of the verdict on the murder case No. 117/Pid.B / 2022 / PN GTO at the Gorontalo City District Court, it can be concluded that the decision is the result of a criminal justice process based on the results of the examination and the facts of the trial as well as the cooperative attitude of the perpetrator. The factors that influence the decision, among others, are the evidence presented in the trial, witness testimony, Judge's consideration, and applicable legal provisions. The judge in his decision did not consider the elements of the indictment charged by the public prosecutor, namely Article 340 of the criminal code, but instead decided the case using Article 338 of the Criminal Code which, according to researchers, does not reflect the principle of legal certainty and Justice.

Apriliyani Nur Khasanah; Setya Pramono

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

This study aims to determine the partial and simultaneous effects of motivation, discipline and facilities on the job performance of UPTDPagerbarang Clinic employees. This research is included in quantitative research using a sample of 87 UPTD Pagerbarang Oinic employees with saturated sampling technique. The data was processed with the SPSS 26.00 application using the multiple regression method. The results of data processing from this study show the results where the three independent variables have a significant  effect on improving employee performance. The results of hypothesis testing show that motivation, discipline, and work facilities have a very significant effect on employee performance. The results of the F test show that simultaneously has a significant influence on employee performance.

Diaz Riady Bukoting; Dian Ekawaty Ismail; Avelia Rahmah Y Mantali

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

This study aims to find out about the position of children who are victims of sexual abuse in view of Victimology. The method used in this study is empirical with qualitative descriptive data analysis that describes and outlines the data and facts of the field. The results of this study show that child abuse is one of the most destructive forms of crime, and often has a long-term impact on victims of abuse. Victimology, in its view as the study of victims of crime, plays an important role in understanding the impact of child abuse, as well as in designing effective treatment and protection approaches.. The protection of children is very important because its violation is a violation of human rights. It can be seen that the position of children towards victims of abuse in the view of victimology provides a better view of victims of crime as a result of human actions that cause mental, physical and social suffering.