Ilmu Hukum Prima (IHP)

INTERPRETASI PUTUSAN HAKIM MAHKAMAH AGUNG TERHADAP PERKARA KORUPSI BERBASIS HUKUM PROGRESIF

famelinda carera — 2023-10-25

This is the main issue in a study of what interpretation is as part of a legal discovery method based on progressive law in corruption cases. This study aims to study and explain the importance of legal interpretation regarding the formulation of legal texts (laws) that have legal certainty for a law enforcer to maintain the value of justice and the benefits of law, especially in corruption cases. The type of research study used is a normative juridical research study, namely a type of research study that uses legal research analysis methods through a statutory approach. The research results concluded that Supreme Court Judge Artidjo Alkostar, in applying the article at the cassation level, interpreted it progressively by first looking at the elements of the criminal act that the Defendant had committed. The elements of legal violations that have been fulfilled are then adjusted to the articles that have been alleged. In the adjustments made, Supreme Court Justice Artidjo Alkostar used language interpretation techniques. In addition, Supreme Court Justice Artidjo Alkostar considers the Defendant taking advantage of his public position (political corruption) to commit corruption crimes as a factor that complicates sanctions for perpetrators of corruption.

TIPOLOGI BADAN PERMUSYAWARATAN DESA RESPONSIF DALAM PEMBENTUKAN PERATURAN DESA YANG BERBASIS PARTISIPASI MASYARAKAT

Muhammad Aziz Zaelani — 2023-10-27

The research reviews the problem of the Village Consultative Body accommodating community participation in forming Village Regulations and the ideal form of its typology that is responsive and based on community participation. The unresponsive Village Consultative Body impacts the making of Village Regulations that are non-participatory and executive-oriented. Village communities need more enthusiasm for participation. The research aims to create a standardized village community participation instrument aimed at the Village Consultative Body to create a responsive typology. The instrument becomes a reference for the Village Governing Body in accommodating village community participation in forming Village Regulations. This research is empirical with locations: (i) Kragilan Village, Mojolaban District, Sukoharjo Regency; (ii) Alastuwo Village, Kebakkramat District, Karanganyar Regency; (iii) Sojiwan Village, Ceper District, Klaten Regency; and (iv) Sawahan Village, Ngemplak District, Boyolali Regency. Data were obtained from Focus Group Discussions with qualitative analysis. The results of the research on the problems of the Village Consultative Body in accommodating community participation in the formation of Village Regulations include the need for more participation instruments, the low enthusiasm of the village community, and the less-than-optimal legislative aspects of the Village Consultative Body. The ideal form of a responsive Village Consultative Body typology in making Village Regulations based on community participation includes community participation through a partnership pattern between the Village Government and the Village community, establishing a Village Information Center, and optimizing the roles and functions of the Village Consultative Body.

KEPATUHAN HUKUM KONSULTAN PAJAK KOTA MEDAN TERHADAP KEWAJIBAN PENDAFTARAN BPJS KETENAGAKERJAAN: FAKTOR PENYEBAB DAN KONSEKUENSI HUKUM

Herman Brahmana — 2023-10-27

BPJS Ketenagakerjaan is a public legal entity formed to conduct Social Security programs in the Employment Sector. Participation is mandatory for workers and companies. A tax consultant also acts as an employee and is not exempt from such BPJS obligations. The public often does not comply with regulations due to various obstacles, including many Medan Tax Consultants. The problem in this research is how Medan Tax Consultants comply with such BPJS registration, factors that cause compliance or non-compliance, and legal consequences resulting from such non-compliance. The research is located in Medan and is empirical descriptive-analytical. Samples were taken using a purposive sampling technique of 10% out of 172 population. Data sources consist of primary and secondary data. The research was preceded by a library study and thennterviews (with questionnaires). Then, qualitative analysis is applied, and conclusions are drawn using the deductive approach. The results show that Medan Tax Consultant’s compliance level still needs to be higher. The main factor causing compliance is to get rid of sanctions, while the leadingause of non-compliance is the need to understand the BPJS regulations. The effectiveness of such BPJS regulations among Medan City Tax Consultants is still low and requires continuous supervision from BPJS.

URGENSI DIBENTUKNYA PENGADILAN HUBUNGAN INDUSTRIAL PADA PENGADILAN NEGERI BATAM

Filemon Halawa — 2023-10-27

This research aims to determine the extent of the urgency of establishing an Industrial Relations Court (PHI) at the Batam District Court. Currently Batam City is still within the jurisdiction of the Industrial Relations Court at the Tanjungpinang District Court which is located on Jalan Raya Senggarang No.1 KM 14 Tanjungpinang City, Riau Islands Province. Suppose a rights dispute exists between workers, workers/labor organizations and employers, and an amicable agreement cannot be reached. In that case, one of the parties who is not satisfied with the results of the Disnaker mediator's recommendations must take the route of a lawsuit through PHI at the Tanjungpinang District Court. In this research, the author raises four problems and limits the research problem. Among other things, first, what is the legal reason for the urgency of establishing an Industrial Relations Court at the Batam District Court? Second, what are the obstacles that, until now, PHI at the Batam District Court has not been formed? thirdly, what is the solution so that PHI at the Batam District Court is formed to provide a sense of justice for justice seekers in industrial relations disputes? fourth, what obstacles areexperienced by workers, laborers, or labor organizations that make it difficult to file an industrial relations dispute lawsuit if there is no peace agreement with the employer? The author uses the legal theory of development put forward by Mochtar. Kusumaatmadja is an analytical tool to find answers to four research questions. Of four research questions with normative-empirical research methods. It was found that the final result was that there was a great urgency for the Industrial Relations Court in Batam to be able to realize the principles of simple, fast and low-cost justice for people seeking justice in Batam.

ANALISIS UPAYA DAN PERAN PERLINDUNGAN HUKUM TERHADAP KASUS PERETASAN DATA BANK SYARIAH INDONESIA

Venia Utami Keliat — 2023-10-31

The development of information and communication technology has had a significant impact on various sectors of life, including the banking sector. The legal system has made essential safeguards to protect bank and customer data security. The latest information regarding developments in the Indonesian Kapital data leak case must be sought through trusted news sources or contacting authorities such as the OJK or Bank Indonesia to obtain accurate and up-to-date information. The Consumer Protection Law seeks to protect bank customers by limiting standard clauses that cannot be avoided in today's banking business world. The method in this research uses normative legal research.

Issues that occur in the banking world relate to the legal position of banking in cases of leakage of Indonesian Sharia Bank customer data and banking legal protection efforts that have been carried out by the legal system to protect the security of bank data and customer data. There are two factors that cause leaks of customer personal data, namely internal and external factors. Cases of customer data leakage are serious violations of privacy and information security. Banks, including Islamic banks, have a big responsibility in maintaining the confidentiality of customer data and protecting their personal information. If a data leak occurs, the bank could face legal and regulatory consequences, and could potentially harm their reputation. The method in this research uses normative legal research.

OPTIMALISASI PERAN DAN FUNGSI LEMBAGA PENYELESAIAN DALAM SENGKETA PERTANAHAN DI KAWASAN PEDESAAN DALAM MEWUJUDKAN GOODWIL

Dika Yudanto — 2023-10-31

Issues in the banking world relate to the legal position of banking in cases of leakage of Indonesian Sharia Bank customer data and banking legal protection efforts that the legal system has carried out to protect the security of bank data and customer data. Two factors cause leaks of customer personal data, namely internal and external factors. Cases of customer data leakage are severe violations of privacy and information security. Banks, including Islamic banks, have a big responsibility in maintaining the confidentiality of customer data and protecting their personal information. If a data leak occurs, the bank could face legal and regulatory consequences, potentially harming its reputation. The method in this research uses normative legal research.

MENINGKATKAN PERLINDUNGAN INVESTOR DALAM USAHA HULU MINYAK DAN GAS BUMI DALAM KONTEKS INDONESIA

Mardianto - — 2023-10-31

The primary objective of this research is to assess the degree of legal assurance and protection accessible to investors involved in upstream oil and gas operations within the Republic of Indonesia's jurisdiction. The goal is to offer valuable insights to relevant decision-makers and stakeholders, aiming to enhance the legal assurance and protection afforded to investors in this sector, thereby contributing to the nation's overall stability. The research methodology employed in this study is normative and qualitative juridical legal research, incorporating statutory and conceptual approaches. The research findings highlight the necessity for legislative enhancements, particularly implementing the Job Creation Law. This legislation will enhance the regulatory framework, ensuring legal assurance under Article 169, Section A of the Minerba Law. This provision stresses that holders of Mining Business Permits (KK) should not encounter premature contract terminations and advocates for rigorous law enforcement in cases of violations. Furthermore, the study acknowledges the significance of Law No. 25 of 2007, which safeguards legal and business assurance for investors, notably through the Omnibus Law.

ANALISIS KONTRIBUSI PENGADILAN HUBUNGAN INDUSTRIAL DALAM PENYELESAIAN SENGKETA KETENAGAKERJAAN

Rizki - — 2023-10-31

This research aims to analyze the Industrial Relations Court's (IRC) contribution in resolving labor disputes. Labor disputes often arise between workers and employers and have the potential to have a significant impact on industrial relations. The research method used is a literature study by collecting data from various sources such as scientific journals, reference books, and relevant policies and regulations. The data is then analyzed qualitatively to understand the role of IRC in resolving labor disputes. The analysis results show that IRC is essential to resolving labor disputes. IRC allows both parties to present their arguments fairly and objectively as an independent institution. Decisions made by IRC can create legal certainty for the parties involved. In addition, through the court process, IRC provides an opportunity for the broader community to obtain information about labor dispute cases and their legal interpretations. Therefore, efforts are needed to strengthen the capacity of IRC in order to provide more effective and efficient services. This research has important implications for developing industrial justice systems in resolving labor disputes. The findings of this study are expected to serve as a basis for government and relevant stakeholders to enhance the role of IRC and address existing challenges.

ANALISIS PRAKTEK DUKUN SANTET : DUGAAN PELANGGARAN HAM MENURUT PRESPEKTIF HUKUM POSITIF DAN HUKUM ISLAM

Siska Eliana — 2023-10-31

Indonesia is a state of law that upholds justice for the community without exception. In the formulation of Pancasila, it has been stated that justice must be upheld for all Indonesian people, as well as mentioned in the Koran that being fair must be upheld; even the Koran states that the protection of life, maintenance of life, and provision of life must be given to all humans. Unrest over the protection of human rights which is sometimes violated and taken lightly by individuals who have spiritual knowledge, with different backgrounds of humans who believe and claim and consider themselves to have spiritual knowledge so that they can pose a threat to other humans who can cause accidents, make a disability and even take someone's life. This research was conducted using the search library method by retrieving data through the data collection method of writing, recording, and analyzing data. In order to provide its legal force to deal with matters related to chastity that cause criminalization, the Criminal Code Bill only focuses on prevention but not on eradication, in contrast to Islamic law, which regulates the law in chastity which regulates the details and characteristics of a person who can be punished if proven to have done things related to chastity.

PELANGGARAN HAM TERHADAP KEBEBASAN BERAGAMA: STUDI KASUS KONFLIK ANTAR AGAMA DI INDIA DAN INDONESIA

Cahya Amai Khoerudin — 2023-10-31

Freedom of religion is something that is protected because it involves human rights. Human rights are contained in the Universal Declaration of Human Rights. However, some regulations regulate the fact that violations of freedom of religion have not only occurred once or twice but have occurred many times. India is one of several countries that experience conflicts regarding freedom of religion, especially between religions, namely Islam and Hinduism. This conflict culminated with the emergence of the ratification of the Amendment to the Indian Citizenship Act (CAB) in 2019 and caused a polemic of riots between Muslims and Hindus. The method of analysis used is a qualitative data analysis method. The research method carried out on the problem this time is the statute approach (statutory approach), case approach (case approach), and explorative research (things that have not been known before), which are all related to this research. Based on the findings of the research conducted and the data obtained that there is still discrimination against religious minorities both in India and Indonesia, the existence of human rights is very concerning. The implications can be achieved by increasing religious tolerance and increasing the importance of human rights, especially freedom of religion, providing a deterrent effect on human rights violators.

PEMENUHAN HAK NARAPIDANA PEREMPUAN HAMIL DAN MENYUSUI DI LEMBAGA PEMASYARAKATAN PEREMPUAN KELAS IIA SEMARANG

Rifa Tafa’ul Ula — 2023-10-31

The fulfillment of rights for female prisoners at the Women's Correctional Institution Class IIA Semarang experiences several difficulties. Female prisoners have natures that men, such as pregnancy, childbirth, breastfeeding, and menstruation, do not own. In October 2023, there were 2 pregnant female prisoners in Semarang Women's Correctional Facility. The purpose of this research is to find out how the implementation of the Correctional Act in fulfilling the rights of prisoners, especially pregnant women. The method used in this research is an empirical juridical method; primary data is taken from the law, while secondary data is obtained from interviews with prison officers. The result of the research is that the fulfillment of the rights of female prisoners, especially pregnant and breastfeeding women, has been well implemented by statutory regulations, such as a complete clinic with doctors and nurses, extra feeding, immunization, and referral to the hospital when approaching HPL. However, Semarang Women's Prison has several obstacles, such as the need for more facilities, minimal human resources, and a small budget from the government.

MENATA KEMBALI PRINSIP RESTORATIVE JUSTICE DALAM SISTEM PERADILAN PIDANA INDONESIA: SEBUAH GAGASAN MENCAPAI IDEALITAS

Yusna Arsyad — 2023-10-31

The purpose of this research is twofold: first, to provide a conceptualization of restorative justice principles in Indonesia's criminal justice system; and second, to examine the problematic application of these concepts in that system. Normative legal research, specifically the statutory technique and the conceptual approach, are utilized in this study piece. On top of that, the processed legal materials were analyzed using a qualitative analytical method that relies on interpretation. According to this study's findings, the judicial subsystem in Indonesia, which includes the police, the prosecutor's office, and the Supreme Court, has started to implement the notion of restorative justice. Due to the lack of a legislation governing the implementation of restorative justice in Indonesia, institutional or partial rules and guidelines continue to be used when discussing its application. This brings up the issue of sub-system authority imbalance in the criminal justice system, as well as the lack of consistent guidelines for each sub-system to apply restorative justice. As a result, the various proportional institutions within each sub-system face legal uncertainty. Thus, in order to establish legal clarity on the implementation of restorative justice, Indonesia has to enact legislation that specifically addresses this concept, known as RKUHAP.