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Faturohman Faturohman; Siti Alivia Azzahra; Dody Darly

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

Protection and supervision of the law from the perspective of human rights is something that must be realized in the justice and welfare of every individual. The existence of legal protection for this right aims to refer to a mechanism and procedure that has been provided by the state to ensure that this right can be respected and monitored. Supervision of the law, if seen on the other hand, includes several efforts to ensure that the law can be implemented as fairly as possible, without discrimination or abuse. This right to humans has the aim of protecting the dignity possessed by every human being, this right can guarantee that every person needs to be respected and their nature cannot be contested.

Himatul Ulya; Muhammad Faiz; Putri Umala; Muhammad Rian; Muhammad Lukman

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

The Indonesian state is based on Article 1, paragraph 3 of the 1945 Constitution that all society, its government, organs in our country must obey the laws that exist in Indonesia, and in the formation of law, legal philosophy is closely related to the philosophical aspects of law which focus on legal theory and practical problem. This includes law enforcement, conflict resolution, protection, upholding the status quo, and change to achieve a sense of justice. justice based on real and abstract legal foundations. This research uses a normative juridical research methodology, where secondary data or library sources are researched to conduct legal research through the library or online. Primary and secondary legal sources were used in this research. Primary legal sources present various relevant laws and regulations to examine how legal philosophy influences the development of Indonesian law.

Bella Armeda Aprilia; Arief Suryono

The International Conference on Education, Social Sciences and Technology 2024 International Forum of Researchers and Lecturers

The digital transformation of telemedicine is a new innovation in the field of medical services with the characteristics of technology, proliferation of computers and automation, community involvement. Interpretive analysis using a conceptual approach and a legislative approach found that the digital transformation of telemedicine has the potential to increase the quality of medical services but is diametrically opposed to the complexity of medical service values which must then be anticipated so that there is no degradation of human values in the health industry. In line with the development of the health industry and to answer the needs for medical services in society, legal construction is needed that functions as a means of protection for health service providers and patients as recipients of health services. The recommended legal construction is: revising legislation related to medical practice by providing proportional legal protection for doctors and patients at the level of telemedicine history taking and diagnosis, as well as the use of recordings as evidence in resolving telemedicine digital transformation disputes. This is intended so that the development of medical practice technology is in accordance with the principles of Pancasila which are based on scientific values, benefits, justice, humanity, balance, as well as patient protection and safety.

Orisalsalina Br Surbakti; Syaiful Azmi Hasibuan

International Journal of Sociology and Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The social issue in giving to prisoners who have committed criminal acts of narcotics abuse is the prisoner's right to receive a reduced sentence if they have good behavior while undergoing training. In principle, remission is to create a correctional system that leads to the process of rehabilitation and resocialization of prisoners. The correctional system which started from prison then turned into a correctional system. Penitentiary institutions are no longer a place for revenge, but are a place for convict development.The nature of the research used is normative legal research and the data collection method used in this research is secondary data obtained through library research, namely by conducting research on various literature such as books, laws, with the aim of to look for concepts, or understandings related to the problem of Prison Criminal Efficiency in Changing Prisoner Behavior (Study at Class III Langkat Youth Correctional Institution. A convict is a person who is serving a sentence for a criminal offense or a convict who is serving his sentence in a correctional institution where some of his freedom has been lost. Whereas the regulations regarding remissions start from Government Regulation No. 32 of 1999, the conditions for granting remissions, one of which is for narcotics convicts, are the conditions for granting remissions so that their implementation reflects the values ​​of justice.The mechanism for the process of granting remissions for narcotics crimes in Narcotics Correctional Institutions is that the stages of granting remissions are carried out by submitting an application for remission to the Minister of Law and Human Rights. Then the Head of Prisons makes an assessment with the correctional assessment team of the prisoner. The Head of Prisons and the Correctional Observer Team then held a hearing to discuss the request for remission accompanied by supporting data.

Jiwel Badawi; Fitria Ramadhani Siregar

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

With the increasing number of child trafficking cases, the government needs to focus on serious efforts to eradicate this criminal offence. These efforts are not only in the form of law enforcement in a preventive, repressive, and responsive manner, but also efforts related to the recovery or protection of children who are victims of child trafficking after the completion of the criminal justice process which aims to restore the child's future. The research used in this journal is normative legal research. Normative legal research is research that examines the laws and regulations that apply to a legal problem. Normative research with the object of study of legislative documents by studying and examining library legal materials or can be called a study of legal science. Normative legal research tends to place law as a perspective discipline that is only seen in a normative perspective whose research themes include several things such as legal principles, legal systematics, vertical and horizontal synchronisation, legal comparisons and legal history.Efforts that can be made in providing legal protection to children as victims of human trafficking offences in the principle of legality have been regulated in the 1945 Constitution of the Republic of Indonesia and national legal rules in the form of laws and Presidential Regulations and also regulated in international legal provisions that have been adapted into Indonesian positive law. Efforts that can be made to ensure the legal protection of children as victims of trafficking offences.

Roli Pebrianto

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

This article discusses the importance of witness testimony in the criminal justice process in Indonesia, particularly in cases of violent theft. This research focuses on the decision of the Sumbawa Besar District Court Number: 142/Pid.B/2023/PN.Sbw. The method used is normative legal research, which analyzes primary and secondary legal documents to understand how testimony is used in court despite the absence of the victim. This study finds that witness testimony is crucial in proving criminal acts. However, in this case, most of the testimony provided was testimonium de auditu, based on hearing from others rather than direct experience. This raises issues concerning the validity of such testimony as legitimate evidence. The conclusion of this research indicates that although witness testimony is important, caution must be exercised in assessing its validity, especially when the testimony does not originate from the direct experience of the witness. This is important to ensure a fair trial process in accordance with applicable legal principles.

Putri Rahayu Ismail; Moh R U Puluhulawa; Mohamad Taufiq Zulfikar Sarson

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

This journal examines the form of legal regulation related to the juvenile justice system in Indonesia, with a special focus on minors who are recidivists of the crime of motor vehicle theft (curanmor). Even though Law no. 11 of 2012 concerning the Juvenile Criminal Justice System has comprehensively regulated the handling of children in conflict with the law. There are significant challenges in handling children who repeatedly commit criminal acts. This study uses a normative juridical approach with analysis of applicable laws and regulations as well as cases of recidivism among children who commit crime. The research results show that although the law has provided a framework for the protection and rehabilitation of children, its implementation is often not optimal, especially in handling recidivist children. Special policies are needed that are more focused on preventing recidivism, including strengthening the role of rehabilitation institutions and active involvement of families and communities. In addition, revision of several provisions in existing laws is needed to ensure that the handling of recidivist children can be more effective and fair.

Muhammad Yusuf; Alpi Sahrin; Hudi Yusuf

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

Handling rape cases requires effective forensic evidence collection to ensure justice for victims and truth disclosure in court. This study aims to evaluate protocols for collecting forensic evidence in rape cases, focusing on enhancing evidence quality and perpetrator identification accuracy. The evaluation method involves analyzing the implementation of existing protocols, including procedures for collecting and analyzing relevant physical, biological, and digital evidence in the context of sexual crimes. The study's findings indicate that increasing training and awareness of updated protocols can significantly improve the quality of collected evidence and the accuracy of perpetrator identification. These findings highlight the importance of collaboration among investigators, forensic experts, and other authorities in improving and implementing effective protocols for handling rape cases. This research provides a foundation for ongoing improvements in forensic procedures to enhance justice for victims of sexual crimes and overall community safety.

Arifudin Arifudin; Avira Clairine Zahra; Dinda Ayu Oktaviona; Diyach Rachmawati; Marcella Pinasti

Jurnal Nuansa : Publikasi Ilmu Manajemen dan Ekonomi Syariah 2024 Asosiasi Riset Ilmu Manajemen Kewirausahaan dan Bisnis Indonesia

This abstract discusses the role of market mechanisms in an Islamic perspective, as well as the implications and application of Islamic economic principles in the market system. Using the literature review method, this research collects, evaluates, and synthesizes relevant literature to gain an in-depth understanding of the topic. The results of the analysis show that markets in Islam are seen as a natural mechanism for exchanging goods and services, with prices determined by the forces of demand and supply. Islamic economic principles, such as justice, expediency, and the prohibition of usury, are the foundation for a fair and sustainable market system. Apart from that, the importance of market supervision and compliance with market ethics is also emphasized to maintain balance and fairness in economic activities. The analysis also highlights prohibitions in Islamic transactions that can cause market distortions. In addition, this abstract presents a comparison between conventional economic systems (capitalist, socialist, and mixed) with Islamic economic systems, which are based on sharia principles. Thus, this research contributes to understanding the concept of market mechanisms in Islam and formulating economic policy recommendations that are in accordance with Islamic values.    

Drajat Satrio Husodo; Noor Saptanti

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

The provision of credit facilities in its development will always require collateral. This is due to the necessity of the Law, as well as for the security of the granting of credit, in the sense that the receivables from the bank will be guaranteed by the existence of collateral. Credit more often accepts collateral objects in the form of immovable objects, one of which is land rights because it is easy and certain in its execution. The purpose of this study was to determine the procedure for realizing credit with land collateral at BRI Karanganyar Branch Office, BRI Karanganyar Branch Office's actions against loans that fall into the doubtful category, and how to resolve if the credit in the doubtful category decreases in quality to the bad credit category. The results of this study are the procedure for realizing credit with land collateral at BRI Karanganyar Branch Office.

Shintauli Sihombing; Andry Syafrizal Tanjung

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Children are a valuable treasure for parents. This is proven when married couples or parents who do not or have not had offspring or children then they try to find or get them even though they spend a lot of possessions. Likewise with the country. Both developed and developing countries really need children as the nation's successors. As world civilization continues to develop, parents are increasingly unwilling to give birth or have children for various reasons.The research specifications used in this research are analytical descriptive, that is, trying to describe or describe events and occurrences without carrying out hypotheses and statistical calculations. The data obtained will be presented systematically, the data required in this research is secondary data and primary data. This research is descriptive analysis, descriptive analysis, namely research aims to describe in detail, systematically and comprehensively everything related to this research problem and also normative juridically, namely research based on Ministerial regulations, books, along with analyzing Decision Number 45 /Pid.Sus-Anak/2022/Pn Mdn. Law Number 11 of 2012 concerning the Juvenile Justice System has the most basic substance in this law, namely the strict regulation of Restorative Justice and Diversion which is intended to keep children away from the justice process and avoid stigmatization of children who are in conflict with the law and are expected to can return to the social environment naturally. Factors that cause children to become perpetrators of criminal acts of sexual intercourse are due to causes in the form of environmental factors, faith factors, Social and Cultural Factors in the form of social and cultural factors can also influence children's views on sexuality and violence. Criminal acts committed by children must normatively seek diversion while still paying attention to the diversion requirements as regulated in Article 7 of the Juvenile Criminal Justice System Law. However, from the cases studied by the author, based on the District Court Decision, namely Decision Number 45/Pid.Sus-Anak/2022/Pn Mdn, the case does not meet the legal requirements for diversion even though the perpetrator is a child.

Dhamar Djati Sasongko; Ima Nur Syamsiah; Aurellia Mirabel Fredlyna; Theo Reksa Sadewa; Deriel Pratama Putra +1 more

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

This article discusses strategies for handling money politics in legislative general elections using the Pancasila Democracy approach as a foundation for general elections with integrity. By referring to the principles of Pancasila which emphasize social justice, people's sovereignty,unity and balance between rights and obligations, this article identifies concrete steps that can be taken to overcome the practice of money politics which undermines democracy. Writing is carried out using normative juridical methods, namely research on secondary data or library materials. To realize elections with integrity, primary legal materials will guide the writing of strategies for handling political money in legislative elections based on Pancasila democracy. These steps include law enforcement, political education, financial transparency, independent oversight, active participation, public disclosure of the campaign, and use of technology. By implementing these strategies holistically and based on Pancasila values, it is hoped that Indonesia can overcome the challenges of money politics and strengthen integrity in the legislative election process, as well as build a stronger foundation for a healthy democracy and integrity.

Yayuk Zulaikah; Imam Fuadi; Ahmad Tanzeh; Kojin Kojin; Binti Maunah

Jurnal Ilmu Pendidikan, Bahasa, Sastra dan Budaya 2024 Asosiasi Periset Bahasa Sastra Indonesia

The purpose of writing this article is to determine the implementation of prophetic in basic education institutions. This research uses a type of library research. Library research is research carried out by reviewing various journals and related reference books. The results of his research show that the prophetic leadership paradigm is a leadership paradigm that refers to the leadership concept of the prophets or Apostles of Allah SWT. Where this prophetic paradigm is a set of theories that not only describes and transforms social phenomena, and does not just change things for the sake of change, but more than that, it is hoped that it can direct change on the basis of ethical and prophetic ideals. From the description of the verses of the Koran, hadith, and theoretical views, which are relevant to the values ​​of the mission sent by the prophets, there are several indications or characteristics that could be seen as a prophetic leadership paradigm. Among these characteristics are: a) Smart, analytical and critical (fathanah); b) Tabligh, firm, brave and upholding justice and honesty; c) Gentleness and compassion; d) Bringing the mission of monotheism (transcendental). Then, other prophetic leadership values ​​or characteristics include: Smart, analytical and critical (fathanah); Tabligh, firm, brave and upholding justice and honesty; Gentleness and compassion; Bringing the mission of monotheism (transcendental); have a progressive vision; Have moral responsibility; Have managerial abilities; Sincere and have a spirit of dedication and devotion; Trustworthy and fair; Carrying the mission of worship and monotheism; Zuhud, honest and good at socializing or interacting with others; Become a role model for subordinates; Wise, forgiving and tolerant; Optimistic, patient and moral al-Karimah; has a reforming spirit and professionalism. Apart from that, the prophetic leadership paradigm is a necessity to be implemented and at the same time becomes the spirit in the implementation of leadership in Islamic educational institutions. Everything is a means to create the benefit of the people and solely.    

Yayuk Zulaikah; Imam Fuadi; Ahmad Tanzeh; Kojin Kojin; Binti Maunah

Jurnal Ilmu Pendidikan, Bahasa, Sastra dan Budaya 2024 Asosiasi Periset Bahasa Sastra Indonesia

The purpose of writing this article is to determine the implementation of prophetic in basic education institutions. This research uses a type of library research. Library research is research carried out by reviewing various journals and related reference books. The results of his research show that the prophetic leadership paradigm is a leadership paradigm that refers to the leadership concept of the prophets or Apostles of Allah SWT. Where this prophetic paradigm is a set of theories that not only describes and transforms social phenomena, and does not just change things for the sake of change, but more than that, it is hoped that it can direct change on the basis of ethical and prophetic ideals. From the description of the verses of the Koran, hadith, and theoretical views, which are relevant to the values ​​of the mission sent by the prophets, there are several indications or characteristics that could be seen as a prophetic leadership paradigm. Among these characteristics are: a) Smart, analytical and critical (fathanah); b) Tabligh, firm, brave and upholding justice and honesty; c) Gentleness and compassion; d) Bringing the mission of monotheism (transcendental). Then, other prophetic leadership values ​​or characteristics include: Smart, analytical and critical (fathanah); Tabligh, firm, brave and upholding justice and honesty; Gentleness and compassion; Bringing the mission of monotheism (transcendental); have a progressive vision; Have moral responsibility; Have managerial abilities; Sincere and have a spirit of dedication and devotion; Trustworthy and fair; Carrying the mission of worship and monotheism; Zuhud, honest and good at socializing or interacting with others; Become a role model for subordinates; Wise, forgiving and tolerant; Optimistic, patient and moral al-Karimah; has a reforming spirit and professionalism. Apart from that, the prophetic leadership paradigm is a necessity to be implemented and at the same time becomes the spirit in the implementation of leadership in Islamic educational institutions. Everything is a means to create the benefit of the people and solely.    

Aditya Sulistyo Budhi

Jurnal Relasi Publik 2024 International Forum of Researchers and Lecturers

In the digital era, technological developments are increasingly rapid, and their existence has begun to penetrate into various aspects of life, such as in the world of finance or the economy. This is marked by the emergence of technology and information-based financial institutions or known as fintech. Starting from this, a question arises on how to implement information technology-based lending and borrowing (peer to peer lending) in Indonesia and how to protect the recipients of the loan (customers). This research is in the form of juridical-normative. The results of this study concluded that there were violations committed by the lender to the customer, and the sanctions imposed were only administrative sanctions with the worst consequence being license revocation. In this regards, obviously it does not provide a sense of justice to the customers, considering the crimes that have been committed, therefore the role of criminal law is very important here, by implementing sanctions related to these crimes, such as the dissemination of personal data, threats in billing, sexual harassment through electronic media, fraud and slander.    

Kalfin Febrian Nababan; Soca Ahmad

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2024 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

ABSTRACT Pancasila, as the foundation of the Indonesian state, plays a central role in maintaining diversity in the Unitary State of the Republic of Indonesia (NKRI). In the context of rich multiculturalism, Pancasila functions as a philosophical and moral foundation that binds the Indonesian nation. This abstract explores the role of Pancasila as a fortress that ensures unity in the ethnic, cultural, religious and linguistic diversity that exists in Indonesia. Pancasila affirms the principles of unity, social justice, democracy and just and civilized humanity, creating a framework that allows Indonesian people to live side by side in harmony. By understanding and internalizing the values ​​of Pancasila, Indonesian people can strengthen the country's sovereignty and build a strong foundation for an inclusive and sustainable future.

Rahmadani, Nofita; Basir, Gusril

Jurnal Maisyatuna 2024 STAI Denpasar Bali

This research aims to find out how the application of Islamic business ethics in buying and selling transactions by wet fish traders in the Simpang Tiga market.  This research uses descriptive qualitative research methods. This type of descriptive qualitative research is research where the aim is to provide descriptions of a fact, and properties related to the phenomenon being studied. This qualitative research has the aim of producing data in the form of oral words and how behavior is being observed. This research was conducted through direct observation and interviews with market managers as well as fish traders and fish buyers in the Simpang Tiga market, Luhak Nan Duo District, West Pasaman Regency. The results of this study are the implementation of buying and selling wet fish in the Simpang Tiga market carried out by traders on Friday at 07.00 to 18.00. At the time of the implementation of the transaction of buying and selling wet fish, there are still many traders who leave Friday prayers in order to continue trading and cheating by reducing the scales where the average reduction in scales is 0.10-0.15kg. The review of Islamic business ethics in the implementation of buying and selling wet fish in the Simpang Tiga market is not in accordance with the principles of Islamic business ethics, such as the principle of oneness (tawhid), the principle of justice, the principle of honesty, the principle of responsibility and the principle of freedom. The fraud committed by traders aims to get more profit.

Felycia Jannice Michelle; Jovanka Nelly Sagyta; Salma Koulan

Bhinneka: Jurnal Bintang Pendidikan dan Bahasa 2024 Universitas Palan

“Bhinneka Tunggal Ika” is the official motto of Indonesia, meaning “Different but still one.” It emphasizes unity in diversity, highlighting the importance of unity amidst Indonesia’s ethnic, religious, racial and cultural diversity. Efforts such as multicultural education, social campaigns, and public policies will be highlighted as strategic measures to address the problem of racism in Indonesia.  The method used in this research is a quantitative approach with data collection techniques through distributing Google Form links through each member’s social media account.  This research aims to increase the awareness of the Indonesian people of the values of Bhinneka Tunggal Ika as the foundation of the unity of diversity in Indonesia, so that behaviors that can affect the emergence of racism can be avoided. The results of this study found that some people are aware of racist behavior that still occurs around them, while others are not.  It is hoped that this research can be a useful guide for efforts to prevent and overcome racism in Indonesia, as well as strengthen a shared commitment to creating an inclusive, tolerant and respectful society.

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.

Taufiqurrohman Syahuri; M. Reza Saputra

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Technological developments ultimately require judicial bodies in various countries, including Indonesia to adopt the use of technology. Because the administration of Indonesian justice is based on the principle of simple, fast, and low cost. Utilization of information technology in the judicial process can increase the effectiveness and efficiency of the performance of the judiciary, so that it can answer the public's sense of justice. Because the main problems that are often faced in our judiciary are the slow handling of cases, the difficulty of accessing cases and the integrity of the judicial administration apparatus. This article is intended to examine how to regulate the use of technology in the judiciary, and how it impacts on access to justice. This article concludes, Electronic court proceedings need to be regulated in the law itself or accommodated in the current procedural law. Because the mission of adaptation and harmonization of various legal developments is very necessary. In addition, the government must also pay more attention to the readiness of courts in Indonesia to carry out using technology. For example, providing direction for building or upgrading electronic facilities for trials, both in courts and correctional facilities, as well as recruiting and providing IT human resources. So that by using technology can run effectively and efficiently.