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Hindriyani Hindriyani; Heriyanto Heriyanto

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

The crime of murder is a crime that can cause the death of a person, this is committed individually and violates the applicable provisions of the Criminal Code Book II Chapter XIX (articles 338-350). Basically, murder is carried out with an element of intent. Deliberation is a subjective element in a criminal act, because this element is inherent in the subject or perpetrator of the crime. This means wanting or knowing what will be done. Therefore, in murder there must be evidence in order to determine whether a person is guilty or not in committing the crime of murder by collecting legal evidence according to the applicable law. Furthermore, the method used in this case is a normative juridical approach, which is carried out through literature books, journals, articles, as well as statutory regulations related to the problem to be discussed. Legal considerations in imposing a sentence on the perpetrator of the crime of intentional murder, because the circumstances were aggravating and the defendant caused the victim to die and the defendant's actions disturbed the community. Thus, the punishment given by the state is solely to change the perpetrator to become better, and at the same time provide education to improve themselves.

Firnawati Firnawati; Ahmad Yunus

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

Circulating drugs without a distribution permit is a criminal act, where the drugs being distributed are not necessarily relevant to their composition and manufacture. This means that the safety, efficacy and benefits of drugs being traded are not guaranteed. Then the perpetrators of distributing drugs without a distribution permit will be punished and subject to criminal penalties. In this case Law no. 17 of 2023 concerning Health regulates criminal provisions for perpetrators of distributing drugs without a distribution permit with a prison sentence of 12 years and a fine of five billion rupiah, but the criminal sanctions imposed by the judge in decision case number 111/pid.B/2013/PN/ are reduced. Mtr does not provide a deterrent effect for perpetrators. The problems in this research are: first, what is the responsibility for perpetrators of criminal acts of distributing drugs without a distribution permit? Second, what are the judge's considerations in handing down a decision regarding the distribution of drugs without a distribution permit in case number 111/pid.B/2013/PN/Mtr?The results of this research are to show that the form of responsibility of the defendant is in accordance with the elements of responsibility, because the actions carried out by the defendant contained an element of intentional error and the judge sentenced the defendant to 10 months' imprisonment, which according to the author was not appropriate because the sentence This will not have a deterrent effect on the perpetrator.

Noviatul Hasanah

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

Fornication is all acts related to sexual life that violate decency (decency) including sexual intercourse outside of marriage. The Criminal Code classifies criminal acts of sexual abuse where the victim is a child. Children are the younger generation and potential human resources, therefore perpetrators of criminal acts of sexual abuse against children must be subject to appropriate punishment. The focus of the study in this research is to find out the side of justice in the decision of the panel of judges which is not in accordance with the actions of the defendant (Decision Study Number 07/Pid.Sus.A/2023/Pn Byw) case study of Banyuwangi Regency from the demands of the public prosecutor to the decision of the panel of judges what was imposed on the defendant was in accordance with the defendant's actions. From the results obtained in this research, the public prosecutor in his demands did not match the defendant's actions. The author feels that the panel of judges and public prosecutors in their decision gave criminal sanctions to the defendant that were not in accordance with the defendant's actions, because the perpetrator had more than one case.

Fathol Bari

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

One of the development efforts within the national development framework, the government/government agencies/institutions at every level carry out development authority for the Public Interest. Based on the concept of the State's Right to Control, the Government, on behalf of the Land State, has the absolute right to regulate, determine and determine land rights for the sake of realizing the welfare of the people. On the other hand, the government has an interest in acquiring land for the public interest. In this research, a juridical study was carried out on what is the state's right to control land in land acquisition for public purposes? And what is the government's authority to acquire land for public purposes? The aim of this research is to determine the state's right to control land for the public interest and to find out what the government's authority is in acquiring land for the public interest. The method used in this research is the Normative Juridical method, namely comprehensively reviewing the legal aspects of statutory provisions related to the settlement of compensation for land acquisition for the public interest. In this research, it was found that the State is only limited to regulating, determining and determining the allocation of land rights, and in procuring land for the public interest, the government or agencies using land as development objects are obliged to provide compensation in accordance with the value determined by the assessment team.

Afrina Welni; Miken Wulandari; Yunita Yunita; Randy Wilyan Putra; Yulia Hanoselina +1 more

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

This study investigates the use of administrative ethics to increase the professionalism of public services in the West Sumatra Provincial Government Social Service. Data was collected through in-depth interviews with stakeholders and surveys of staff and service users using mixed methods (qualitative and quantitative). Research shows that the application of administrative ethics principles such as transparency, accountability and fairness significantly increases the professionalism of the apparatus and the quality of public services. Integrity, public trust, and operational efficiency of agencies can be strengthened by a strong ethical culture. In addition, this research found that continuous training, improving operational standards, and the use of information technology can help overcome problems such as employees' lack of understanding of administrative ethics and weaknesses in supervisory systems. Policy recommendations are made to encourage public services that are more responsive, professional and in line with community expectations.  

Frensiska Ardhiyaningrum; Diana Setiawati

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

Business disputes are increasing in Indonesia along with the growth of economic relationships. Litigation is often perceived as time-consuming and costly, making Alternative Dispute Resolution (ADR) a more efficient and relationship-friendly alternative. This study aims to analyze the obstacles and opportunities in implementing ADR for business dispute resolution in Indonesia, based on the legal framework provided by Law Number 30 of 1999. The research employs a normative legal approach with descriptive analysis. Data were collected through literature reviews of legal regulations, academic literature, and journal articles. The findings reveal that although ADR holds significant potential for resolving business disputes efficiently and cost-effectively, its implementation faces several challenges. The primary obstacles include the lack of awareness among business actors about ADR's benefits, the perception that ADR lacks the legal authority compared to litigation, and the limited quality of mediators and arbitrators. The study also highlights the importance of enhancing the capacity of ADR practitioners through continuous training and educating business actors to build trust in this method. By addressing these challenges, ADR is expected to become the primary choice for resolving business disputes, fostering a conducive business environment, and supporting long-term economic growth in Indonesia.

Shinta Adella; Agnes Fitryantica

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

Misconduct is an act that violates applicable legal provisions and contravenes professional norms. In the context of banking, violations of financial discipline and professional standards can have a serious impact on the financial stability and reputation of the institution. This research analyzes violations of financial discipline law committed by employees in lending at Bank BRI, based on a case study of Decision No. 10/G/2013/PHI/PN.KPG. These violations included non-compliance with lending procedures, abuse of authority, and violation of professional ethical standards set by the bank. This research uses a normative juridical approach, which focuses on the study of applicable legal norms through the analysis of legal documents and related literature. In its decision, the panel of judges considered evidence and witness testimony that showed negligence and non-compliance by the Account Officer. The implementation of sanctions for these violations is expected to provide a deterrent effect and improve compliance with financial discipline and professional standards. The study also identifies the steps taken by Bank BRI to improve its supervisory system and training for employees to prevent the recurrence of similar violations in the future. This study makes an important contribution to understanding the dynamics of financial discipline law violations in the banking sector and the remedial measures that need to be taken.

Habibatul Qalbi; Tarisha Lingke Lubis; Ghassani Marisah Hasibuan

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

Plans are a vital component in a government to achieve directed and sustainable development. This research aims to identify the importance of plans in managing resources, setting priorities, and creating transparency and accountability in government. The method used in this research is qualitative analysis based on literature reviews and case studies related to plan implementation in various governments, both national and local. The focus of this research includes the role of plans in resource efficiency, risk mitigation, and coordination between institutions. The research results show that governments that have thorough planning are better able to optimize the use of budget, labor and time compared to governments without clear plans. In addition, a good plan helps the government anticipate potential risks and challenges, as well as provide strategic solutions to face them. In terms of transparency, planning documents enable the public to monitor government performance, increase public trust, and support public participation in the development process. This research also found that plans that are inclusive and involve various stakeholders are able to create stronger synergy between institutions and maintain program sustainability even if there is a change in leadership. In conclusion, plans in government are not only a tool to direct development, but also an important instrument to ensure stability, effectiveness and efficiency. With a structured plan, the government can achieve development goals optimally and have a significant impact on community welfare. This research recommends strengthening planning capacity at all levels of government to improve the quality of governance and public services.

Syairulan A. Radjak; Ahmad, Ibrahim; Moonti, Roy Marthen

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

Guarantee fiduciary guarantees play an important role in economic financing in Indonesia. However, implementation of fiduciary guarantee execution often leads to legal conflicts, especially the abuse of executorial power by creditors. Court Decision Constitutional Court Decision Number 18/PUU-XVII/2019 changes the execution mechanism to better protect the rights of debtors and emphasize the principle of justice. protect the rights of debtors and emphasize the principle of justice. This raises the need to reformulate Perkap No. 8/2011 to be relevant to the changes.changes. Research This research uses a normative method that analyzes the relevant laws and regulations related laws and regulations, the principles of justice, and their compatibility with social dynamics. The focus is to review the relevance and weaknesses of Perkap No. 8/2011 after the Constitutional Court Decision. The Constitutional Court's ruling limits unilateral execution and requires an acknowledgment of default or a court decision before execution. default or court decision before execution is carried out. This increases the protection of debtors' rights, but also adds procedural burdens for creditors. for creditors. The reformulation of Perkap No. 8/2011 is necessary to ensure that execution is more fair and lawful. The reformulation should include mechanisms that prioritize legality, protection of debtor rights, and oversight of abuse. monitoring against abuse. Synergy between the court, the police, and related parties need to be strengthened to create a balanced and transparent legal ecosystem and transparent.

Yokhebed Arumdika Probosambodo

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

Refleksi kritis atas perkembangan ilmu hukum internasional di Indonesia menurut sudut pandang filsafat ilmu menjadi hal yang penting untuk dikaji karena memberikan pemahaman mendalam tentang konsep, ruang lingkup, dan hubungan antara filsafat ilmu dan ilmu hukum internasional. Selain itu, tinjauan kritis terhadap perkembangan ilmu hukum internasional di Indonesia juga akan memunculkan pemahaman yang mendalam tentang keterbatasan, tantangan, serta implikasi filsafat ilmu terhadap praktik ilmu hukum internasional di Indonesia. Kajian ini muncul sebagai respons terhadap kebutuhan akan peninjauan kritis yang mendalam terhadap keterbatasan, tantangan, serta solusi yang dapat diusulkan dalam konteks perkembangan ilmu hukum internasional di Indonesia. Dengan demikian, penelitian ini akan memberikan landasan yang kuat untuk menjalankan refleksi kritis atas perkembangan ilmu hukum internasional di Indonesia dari sudut pandang filsafat ilmu.    

Adiatma Nugroho; Handar Subhandi Bakhtiar

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

Scientific evidence has become an important element in modern criminal justice, especially in complex cases such as Raden Adante, where alibis are used as the main defense strategy to undermine forensic evidence. In this case, scientific methods such as DNA analysis, digital traces, and toxicology examination succeeded in breaking the defendant's alibi. This research examines how scientific evidence can overcome the challenges of alibi strategies which are often used to confuse the investigative process. This study shows that accurate and standardized forensic evidence is able to objectively confirm the presence of the defendant at the scene of the crime, thereby strengthening fair and effective law enforcement efforts. The research uses a juridical-normative approach with qualitative analysis, examining regulations, legal doctrine, and expert views to assess the role of scientific evidence in dealing with alibi defenses.

Muhammad Atha’ Iqbal; Ratna Yuniarti

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

This study aims to see the application of web-based administrative system innovation in maximizing administrative services. Using a qualitative approach, data was collected through interviews and literature study methods. The results of the study indicate that web-based administrative system innovation results in effective and efficient resource management, good data processing and information access, and transparency in administrative management. The findings outlined in this article have an important impact on the development and improvement of education in Islamic boarding schools.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Resya Pradita Ummu Syuhada; Restiana Urba Natasyah; Silva Amelia Darrohmah

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

The life of the Indonesian nation and state is guided by Pancasila as an ethical system. Pancasila as the basis of the state functions as a value system that directs people's behavior towards a just, harmonious and dignified life. In the ethical context of national life, Pancasila teaches important values such as tolerance, justice, humanity and unity. These values help build national unity amidst cultural, religious and ethnic diversity. In the current era of globalization, the urgency of Pancasila as an ethical system is increasingly important because the nation's noble values can be damaged by modern issues such as individualism, materialism and social conflict. Indonesian society can use Pancasila as an ethical guideline to develop ways of thinking and acting that are in accordance with the spirit of mutual cooperation, respect for human rights, and a balance between rights and obligations. Pancasila helps society unite and helps people make decisions, both institutionally and personally. Therefore, internalizing Pancasila values as an ethical system is a strategic effort to maintain the nation's immortality in facing the evolution of the times and realizing national ideals for a just, prosperous and prosperous life.

Ahmad Muhamad Musain Nasoha; Ashfiya Nur Atqiya; Omar Mochtar; Salma Keisa Azzahro Zain; Wahyu Sri Ningsih

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

This study aims to analyze the role of Pancasila in the process of harmonizing international law and national law in Indonesia, with a focus on extradition agreements. As the state ideology and philosophical foundation of Indonesia, Pancasila provides principles that underpin the formation and implementation of national law. This study explores how Pancasila’s values, such as social justice and humanity, influence the policies and implementation of extradition agreements, as well as the challenges faced in aligning national law with international obligations. Using a qualitative approach and case studies, this research demonstrates that Pancasila functions as a moral and ethical guide that reinforces the integrity of Indonesian law in the global context. The findings are expected to provide insights into how the fundamental values of the state can strengthen the harmonization between national and international law and influence foreign policy and law enforcement in Indonesia.

Grasela Mariana Ballo; Rafael Rape Tupen; Cyrilius Wilton Taran Lamataro

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

Rural and Urban Land and Building Tax is one of the main sources of State revenue for development financing. In the implementation of PBB-P2 collection, there are still many people who are not aware of the rights and obligations in paying taxes, this is due to the fact that there is still very low public awareness and knowledge in paying taxes. Public awareness as taxpayers in paying taxes will increase if there is an understanding of taxes in society. This research is an empirical legal research where data is obtained directly from the research location. Two types and sources of data are used, namely: primary data and secondary data. The data collection technique uses interview guidelines and literature/journal studies. The results of this study show that: (1). Taxpayer income in Fatululi Village is still very low in taxpayer awareness, economic conditions and the influence of Covid-19. (2). The government's countermeasures are still lacking in socialization or counseling to the taxpayer community. Suggestions need to be further increased socialization or counseling to the public about understanding paying PBB and need to be emphasized the existing tax sanctions.

Maria Oktaviani Kartika Tua; Aksi Sinurat; Adrianus Djara Dima

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

Internet users in the use of information have given rise to two opposite sides, where on the one hand it is easier in terms of access and utilization of information, while on the other hand it causes various kinds of illegal acts, one of which is copyright infringement in the form of film piracy which is currently inserted through illegal streaming sites resulting in losses for the creators of cinematographic works. This of course violates the ITE Law and the Joint Regulation of the Minister of Law and Human Rights and the Minister of Communication and Informatics concerning the Implementation of Content Closure and/or User Access Rights, Copyright Infringement and/or Related Rights in Electronic Systems. This research is a normative juridical research using a legislative and conceptual approach, using legal materials from literature and the internet as a source of legal materials. The results of the study show: (1) The form of legal protection for the creators of cinematographic works in film piracy on illegal streaming sites is reviewed from the ITE Law in a preventive manner regulated in Articles 23-25, Article 25, Article 32 paragraphs (1) and (2) of the ITE Law and has been repressively regulated in Article 48 paragraphs (1) and (2) of the ITE Law and the Joint Regulation of the Minister of Law and Human Rights & the Minister of Communication and Information related to Content Closure. (2) The effectiveness of the legal protection provided by the government to the creators of cinematographic works in the piracy of films on illegal streaming sites provided by the government through the ITE Law and the Joint Regulation of the Minister of Law and Human Rights and the Minister of Communication and Informatics related to site blocking cannot be said to be effective until now because the legal factor itself has not sufficiently accommodated the protection of creators clearly in the event of film piracy on illegal streaming sites.

Aswan Aswan

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

The rapid development of information technology has significantly transformed the financial sector, particularly with the rise of online lending services or fintech lending. While these services provide easier access to financial resources, they also bring various challenges, including an increase in disputes between lenders and borrowers. The government, through the Financial Services Authority (OJK), has formulated regulations to protect consumers and promote the use of mediation as an alternative dispute resolution method that is more efficient and less burdensome for both parties. This study aims to analyze the effectiveness of mediation as a solution for resolving online lending disputes, using a normative juridical approach. Data were collected from various primary and secondary legal sources and analyzed deductively. The results indicate that mediation offers a faster, more flexible, and less formal mechanism compared to court proceedings. However, challenges such as low consumer financial literacy and a lack of understanding by service providers about the mediation process need to be addressed through increased education and awareness campaigns. In conclusion, mediation has great potential to become a more equitable and efficient dispute resolution mechanism in the fintech lending industry, provided it is supported by adequate regulations and improved awareness among the involved parties.

Arip Saepul Milah; Arie Budiawan; Irfan Nursetiawan

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

Financial management by the Bahara Village Government is one form of implementing the Village Government's authority to manage village assets, but this has not yet shown optimal implementation because there are still problems in managing village finances, namely: The Village Government is less than optimal in discussing and preparing Cost Budget Plans (WED). Making village financial plans still involves wasteful costs. The research objective to be achieved is to determine the effectiveness of village financial management by the Bahara Village Government, Panjalu District, Ciamis Regency, Fiscal Year 2022. The results of the research are that the effectiveness of village financial management by the Bahara Village Government, Panjalu District, Ciamis Regency, Fiscal Year 2022 has not been implemented optimally. Therefore, the Village Government should be more aware of the aspirations conveyed by the community, providing more firmness for supervisors and workers to pay attention to every direction and managerial time.

Nisa Izqi Naeli; Irfan Nursetiawan; Arie Budiawan

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

The problem phenomenon that occurs in managing village assets is due to the lack of role of the Village Government, so that due to these limitations existing village assets are unable to be optimized as a potential for increasing village income. The research objective to be achieved is to describe the role of the Village Government in implementing village asset management in Pajaten Village, Sidamulih District, Pangandaran Regency. This research is descriptive qualitative research, the data obtained is primary data and secondary data. Data collection techniques include structured interviews, participant observation and literature study. The results of this research are that the role of the Village Government in Managing Village Assets in Pajaten Village, Sidamulih District, Pangandaran Regency has not been implemented optimally. The obstacle faced is the limited understanding of the Village Government regarding its authority in making a policy product in managing village assets

Yuniar Nurul Fazriyah; Regi Refian Garis; R. Rindu Garvera

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

This research was motivated by the lack of optimal sustainable development in the health sector in the village of Lightninghilir, Baregbeg subdistrict, Ciamis district. The issue of creating a healthy and prosperous society is not an easy matter, so there is a need for cooperation between the village government and each posyandu cadre in each hamlet. This research is descriptive research with a qualitative approach. The data in this research consists of primary and secondary data. The informants in this study were 7 people. Data collection techniques through literature study, interviews, field observations and documentation. Data processing or analysis techniques through data reduction, data presentation and drawing conclusions. The results of this research are: 1) Analysis of Sustainable Development Goals (SDGs) in the Health Sector in Petirhilir Village, Baregbeg District, Ciamis Regency, the results show that the strategy has been implemented but not optimally. 2) The obstacles faced are the lack of capacity of implementing cadres who carry out SDGs data collection to the community and also the public's awareness of the importance of health is still lacking, communication is not running well, the community's economy is limited, and the public is less aware of the importance of health. 3) The efforts made are that the Village Government seeks to coordinate with the community health center to prepare implementing human resources that focus on the health sector by improving environmental quality and optimizing counseling and also the duties of community development cadres and village assistants to carry out house visits.