Wajah Hukum (E-Journal, Fakultas Hukum Universitas Batanghari)
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Problematika Batasan Usia Tindak Pidana Aborsi
Get PDFPregnancy outside of marriage is one of the factors contributing to the high number of abortion cases. Sometimes, abortion attempts fail, resulting in the birth of a living baby. It is not uncommon for these newborns to become victims of infanticide due to fear of being discovered as having given birth. This issue becomes particularly compelling when considering the condition of these children, especially infants, whose right to life is being taken away. A further discussion is needed on the age limit for abortion in relation to infanticide, as well as the fulfillment of the legal certainty principle regarding abortion age limits. The research method used is normative juridical with a statute approach and a conceptual approach. The research findings indicate ambiguity in the legal provisions regarding the age limit for abortion. Moreover, there is a need for clearer regulations concerning specific legal provisions related to abortion limits
Dampak Kebijakan Alih Daya Undang-Undang Cipta Kerja terhadap Tenaga Kerja di Indonesia
Get PDFThe presence of the Job Creation Law has backfired on the current employment system in Indonesia. The reason is, the presence of the Job Creation Law has become a worry for most Indonesian people, especially workers. In the Job Creation Law in the employment cluster, the public considers that there are many articles that are considered to have the potential to violate workers' rights, such as the regulation of outsourcing as regulated in the previous law, namely the Employment Law. In the Manpower Law, only certain jobs that are not included in the main activities or production processes may be outsourced, except for supporting functions. However, in the Job Creation Law, there are no restrictions on the types of work that can be done by outsourced workers. This happened because Articles 64 and 65 were deleted, as well as modifications to Article 66 in the Manpower Law. Thus, the new regulations allow for an expansion in the scope of work that can be outsourced, including the elimination of permanent job security, thereby allowing all types of work to be carried out through outsourcing
Pelaksanaan Pengawasan oleh Direktorat Jendral Bea Cukai Terhadap Larangan Thrifting Pakaian Bekas Impor
Get PDFThe purpose of this research report is to understand the procedures for implementing controls on the ban on thrifting of imported used clothing and to identify the factors that regulate the control of export and import activities by customs and tax authorities and hinder these bodies. The method used in this research is a qualitative method with a normative-empirical approach and the materials used include primary, secondary and tertiary data collection techniques, therefore based on observation, literature and documentation. The results of the investigation show: 1) the emergence of a period of supervision of correspondence with identification (scanning dogs or drug detectors), then inspections were carried out by all relevant agencies, maritime and maritime authorities, in the cases specified in Order Number PER -17/BC/2020 concerning procedures how to control the Director of Taxes and Customs. 2) Placement of customs and tax officers in the free zone (KB) hall through a computerized storage system and CCTV monitoring system, so that the company has a computerized inventory information system that cannot be differentiated from the existence of various types of warehouses. favorable and unfavorable factors
Kajian Yuridis terhadap Kerugian yang ditimbulkan Akibat Kecelakaan Perkeretaapian Berbasis Nilai Keadilan
Get PDFRailway transportation is one of the mass transportation modes widely used by the Indonesian people. However, train accidents often occur and cause losses to the victims. Therefore, the value of justice becomes very important as a basis for examining the issue of losses due to train accidents. This research aims to analyze the regulation of liability and compensation related to railway accidents in Indonesian law and evaluate whether these regulations are based on the value of justice. This research is a normative legal research that analyzes the relevant laws and regulations using a statutory and conceptual approach. The type of data used is secondary data in the form of primary legal materials such as laws and government regulations, as well as secondary legal materials such as books and journals, using analytical-prescriptive descriptive qualitative analysis methods. The research results explain that the regulation of liability and compensation related to railway accidents in Indonesia is regulated in several laws and regulations such as the Railway Law, Government Regulations, and related ministerial regulations. In general, these regulations require railway facility operators to provide compensation to service users who suffer material and immaterial losses due to accidents caused by the operator's fault. The amount of compensation is determined based on the calculation of losses suffered by the victim, considering factors such as medical expenses, loss of property, and physical or psychological suffering. Although it attempts to accommodate the values of justice, there are still shortcomings in terms of unclear criteria, types, and amounts of compensation that must be given, as well as the potential for differing interpretations or inconsistent implementation, which could lead to injustice for accident victims
Studi Kriminologi terhadap Kejahatan Prostitusi Online Melalui Aplikasi MiChat Ditinjau dari Perspektif Anomie Theory (Studi Kasus Aplikasi MiChat)
Get PDFOnline prostitution is the practice of prostitution conducted through digital platforms, such as messaging apps or social media, where sexual services are offered and transactions are managed online. Michat is an instant messaging app that allows users to communicate via text, voice, and video. In addition to basic features like private and group chats, Michat also provides options for media sharing and finding new friends. However, this app is sometimes misused for illegal activities such as online prostitution. This study uses a qualitative method with a case study approach to explore how Michat serves as a medium for this crime and how social, economic conditions, and changes in societal values contribute to the phenomenon. The findings of this research suggest that Anomie Theory explains how social disorder and the decline of norms can contribute to the emergence of deviant behavior, including online prostitution. Additionally, the study provides in-depth insights into the causes of online prostitution and offers recommendations for more effective prevention and intervention measures by the government
Kepastian Hukum Syarat Mantan Narapidana Calon Anggota DPD Pasca Putusan Mahkamah Konstitusi Nomor 12/PUU-XXI/2023
Get PDFGeneral Election Contestation (Election) is one indicator of the implementation of the ideals of a democratic country. A democratic state certainly cannot be separated from the ideal of the rule of law, because in fact the state of law and democracy go together. This is because a state administration must be based on applicable law, and the law is implemented as much as possible for the community. In order to support the implementation of the rule of law in accordance with the wishes of the people, the concept of democracy is a concept that is no less important. In the context of statehood, it is appropriate for the voice of the people to be represented by representatives of the people in parliament, both central and regional. The people's representatives are elected through elections by stating the conditions that must be met. However, the conditions listed seem inconsistent and there are even aggrieved parties so that they do not show legal certainty. The purpose of this study is to see aspects of legal certainty regarding the requirements for ex-prisoner who want to run in election contestations, especially the selection of individual candidates for DPD members. The method used in this research is juridical-normative legal research or commonly called doctrinal legal research with statute approach and conceptual approach. The results showed that the requirements for ex-prisoner who wanted to run in the election contestation had changed several times as a result of material tests in the Constitutional Court. The change in requirements is the result of an inconsistent change in attitude by the Constitutional Court towards the existence of ex-prisoner requirements when they want to run in election contestations, including the selection of individual candidates for DPD members
Kepastian Hukum Hak Pengelolaan Atas Tanah Badan Pengusahaan Batam terhadap Pendayagunaan Pulau Rempang
Get PDFThe Basic Agrarian Law is a legal reform in the agrarian sector. In the utilization of islands, especially the management of small islands, permission must be obtained. Management Rights are partially delegated to government agencies including Local Governments, State-Owned Enterprises, Regional-Owned Enterprises, PT.Persero, Authority Bodies and other legal entities to be used according to their respective duties. The existence of Land Management Rights (HPL) does not guarantee an island to be utilized by interested parties, including the utilization of Rempang Island which will be used as a National Strategic Project (PSN). The existence of regulations governing special provisions in the management of small islands must also be considered and examined so that some parties do not feel disadvantaged. This research will answer the questions of (1) How is the legal certainty of the Batam Concession Agency's Land Management Rights in the utilization of Rempang Island, (2) How is the Batam Concession Agency's problem in the management and utilization program of Remapang Island. This research uses normative juridical research by reviewing the applicable laws and regulations and using secondary data as the main data
Perlindungan terhadap Masyarakat Hukum Adat di Atas Tanah Ulayat dalam Sistem Hukum Pertanahan
Get PDFOne form of wealth for the Indonesian nation is that the existence of Indigenous Law Communities (MHA) are recognized and respected as The rights of the MHA to natural resources, land, and forests have not been clearly regulated in a single legislation, but the MHA's control over customary forests is evident. Several customary forests in Kerinci Regency have been officially designated as customary forests based on the Decree of the Minister of Environment. The control of customary forests requires the recognition and affirmation of the MHA through Regional Regulations based on Law Number 41 of 1999 concerning Forestry. However, the Kerinci MHA, as the rightful owners of customary forests, have not yet received protection and recognition through Regional Regulations, which could threaten their sustainability. The research method used is empirical juridical. The research results show that customary forests in Kerinci Regency have been designated as customary forest areas or rights forests as stated in the Ministerial Decree, which recognizes the existence of the MHA as the rightful owners based on the Decree of the Regent of Kerinci. Although the Regent's Decree does not provide adequate explanations about the status, structure, and customary institutions managing the customary forests, it indirectly acknowledges the existence of the MHA entitled to the customary forests. Meanwhile, regulations on customary forest management should also be adjusted to facilitate protection mechanisms for the MHA. As the region with the most customary forests in Jambi Province, it is hoped that the Kerinci Regency Government can draft Regional Regulations concerning Indigenous Law Communities so that customary forests can be preserved and sustained for future generations
Kewenangan Eksekusi Riil Pengadilan Negeri terhadap Perkara Konsinyasi Pengadaan Tanah Bagi Pembangunan untuk Kepentingan Umum
Get PDFArticle 98 of the Government Regulation of the Republic of Indonesia Number 19 of 2021 concerning the Implementation of Land Acquisition for Development in the Public Interest states that in the event that compensation money has been entrusted to the District Court but the party is entitled to the land still controls the land object, execution can be requested, however The final product consignment application case is in the form of a determination and not a decision and the ruling is not condemnatory in nature, thus causing problems. This research is a normative juridical research that only examines primary, secondary and tertiary legal materials such as statutory regulations, both Law Number 48 of 2009 concerning Judicial Power and the Herzien Inlandsch Reglement (H.I.R) / Rechtreglement voor de Buitengewesten (Rbg), Republic of Indonesia Government Regulation Number 19 of 2021, Supreme Court Regulation Number 2 of 2021, books and journals. Data collection techniques using document study and analysis were carried out qualitatively, where the results of this research show that there is authority for the Chairman of the District Court to carry out real executions based on the Theory of Authority, Progressive Legal Theory and the Principle of Social Function, and in the future there must be reconstruction and harmonization of norms related to the execution of Land Acquisition consignment cases.
Perbandingan Bentuk Kelembagaan Program Penjaminan Polis Asuransi Antara Indonesia dengan United Kingdom dan Jepang
Get PDFInsurance company defaults in Indonesia have a negative impact on policyholders. Suing the company for bankruptcy is the last resort for policyholders to obtain compensation from the company's assets, but the enforcement of court judgements is difficult due to obstacles such as abuse of receivership powers. Policyholders' rights are often violated as they do not receive insurance claim payments. Law No. 40 of 2014 requires insurance companies to participate in the Policy Guarantee Programme and establish a Policy Guarantee Agency within two years. However, such an institution has not yet been established in Indonesia. This research compares the Policy Guarantee Programmes in the UK and Japan to show the importance of establishing a similar institution to protect the rights of policyholders. This research uses normative research with a comparative approach and legislation. By studying the sustainability of the Financial Services Compensation Scheme in the UK and the Life Insurance Policyholders Protection Corporation in Japan, the research recommends that the Indonesian government promptly establishes a Policy Guarantee Corporation, either as an independent institution or in conjunction with the existing Deposit Insurance Corporation for the banking sector