Wajah Hukum (E-Journal, Fakultas Hukum Universitas Batanghari)
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Efektivitas Hukum Kawasan Konservasi Perairan Maluku Utara: Studi Kasus Pulau Rao
Get PDFThe use of prohibited fishing gear continues to pose a serious threat to aquatic ecosystems. The Regional Water Conservation Area Agency (Balai Kawasan Konservasi Perairan Daerah or KKPD) in North Maluku plays a crucial role in educating the public on responsible fishing practices for the sustainability of the region. However, insufficient socialization and monitoring in the conservation area of Pulau Mare have led to illegal fishing activities that harm the ecosystem. Lack of transparency in information regarding the performance of the KKPD becomes a challenge, leaving the community unaware of the progress in surveillance, rehabilitation, and utilization by the agency. This research analyzes the legal effectiveness of water conservation area management in North Maluku Province, focusing on the Pulau Rao-Tanjung Dehegila Conservation Area. The research employs a juridical-empirical method with primary data obtained through interviews and secondary data from literature studies. Ministerial Decree No. 67/KEPMEN-KP/2020 and Minister of Marine Affairs and Fisheries Regulation No. 31/PERMEN-KP/2020 mandate proper management. However, the implementation of these regulations has yet to be effective. In conclusion, water conservation area management in North Maluku requires increased socialization to raise awareness and garner public support for established programs. Further efforts are needed to ensure the effectiveness of these programs
Peran Dinas Kesehatan Bojonegoro dalam Pengawasan Izin Praktik Tenaga Teknis Kefarmasian di Apotek
Get PDFThis study aims to determine the role of the Bojonegoro Regency Health Office in Supervising the Pharmacy Technical Staff (TTK) Practice Permit at Pharmacies and the legal consequences received by Pharmacists as Pharmacy Manager Pharmacists (APA). This research is normative-empirical legal research (applied normative law), with a qualitative approach, combining a normative legal approach with the addition of various empirical elements. The data collection method used in this research is information obtained directly in the field in the form of interviews and document studies from various sources related to legal norms. The results showed that socialization, monitoring and guidance were gradually implemented by the Bojonegoro District Health Office if there were new rules and/or regulations from the government. There is a direct inspection to the field, but it is not optimal, because there are obstacles, namely the lack of Health Human Resources at the Health Office. The legal consequences received by pharmacists from violations of the governing laws and regulations include administrative sanctions, disciplinary sanctions, and criminal sanctions. The conclusion that can be drawn is that the Supervision of Utilization of TTK Practice Permits in Bojonegoro Regency in its implementation is still not optimal because the Bojonegoro Regency Health Office cannot carry out Supervision routinely due to the lack of Health Human Resources at the Bojonegoro Regency Health Office. As well as the legal consequences that can be received ranging from administrative, disciplinary, to criminal sanctions
Analisis Pelaksanaan Jaminan Tenaga Kerja Tentang Kecelakaan Kerja dalam Upaya Perlindungan Hukum Berdasarkan Undang-Undang Nomor 6 Tahun 2023 Tentang Cipta Kerja
Get PDFIt is important to implement legal protection for workers/laborers in the event of work accidents to ensure that workers and their families receive fair and adequate fulfillment of their rights. However, the implementation of protection for workers has not received understanding and awareness among some workers, so maximum cooperative efforts are needed by companies, the government and workers/laborers in implementing Work Accident Insurance (JKK). The purpose of this research is to analyze the implementation of Work Accident Insurance (JKK) for workers/laborers in a company according to the Job Creation Law, then to examine the company's efforts to provide legal protection and fulfill the rights regarding work accident insurance for workers/laborers. from work accidents. The method used is a type of empirical normative research which is descriptive in nature through statutory and conceptual approaches and in the process, it will explore information through secondary legal materials sourced from primary data, secondary data and tertiary data. Data collection techniques were carried out using literature reviews and field studies, sourced from secondary data in the form of interviews and observations, then analyzed descriptively qualitatively to obtain the expected research results. The results of the findings regarding the implementation of Work Accident Insurance (JKK) for workers/laborers in a company according to the Job Creation Law, are in the form of ineffective implementation of K3 standards, marked by suboptimal supervision from management, even though routine inspections are based on variations in tasks, work environment risks, equipment and operational procedures. Then the company's efforts to provide legal protection and fulfill the rights regarding work accident insurance for workers/laborers from work accidents in the form of implementing work accident protection have been implemented in accordance with the provisions of the Job Creation Law Number 6 of 2023 and the Employment Law Number 13 of 2003, However, its implementation has experienced several obstacles due to the lack of awareness among workers regarding the importance of wearing Personal Protective Equipment (PPE), deficiencies in carrying out inspections by labor inspectors, and the absence of effective and firm sanctions from employers which can have a deterrent effect on workers
Kekosongan Hukum dalam Hal Mengadili Permohonan Keputusan Tata Usaha Negara Fiktif Positif
Get PDFIndonesia established a State Administrative Court to resolve disputes between the government and the community. Initially, the State Administrative Court had the authority to make decisions on accepting positive fictitious applications based on the Government Administration Law, but since the introduction of the Job Creation Law, the authority of the State Administrative Court has been abolished. So there will be a judicial review of the Job Creation Law. Decision Number 10/PUU-XX/2022 is a judicial review of the Job Creation Law. The decision explains that the application cannot be accepted because it is still premature because the Job Creation Law has still been formally revised for two years since 2020. This research is normative juridical research. The result of this research is that there is a legal vacuum in the authority to grant acceptance of positive fictitious applications because the Job Creation Law does not regulate it, so that if the Government still does not regulate this matter, then the Government must create a new institution that can provide decisions on accepting positive fictitious applications
Tindak Pidana Pembobolan Rekening Via Online Berkedok Link (Suatu Kajian terhadap Perundang-Undangan Informasi dan Transaksi Elektronik)
Get PDFAlong with the development of technology, the use of which is increasingly massive in society, especially the use of online systems in financial traffic through electronic transactions, has given rise to evil intentions from people who have expertise in the field of information and electronics. One of them is hacking online accounts by hackers using fraudulent mode under the guise of a link sent via short message to the target and if the link is accepted and opened by the target, the hacker will easily carry out the action of draining the account. Viewed from a normative aspect, the Republic of Indonesia has actually provided protection to the public by passing various laws, for example in the scope of information and electronic transactions through Law Number 19 of 2016, an amendment to Law Number 11 of 2008 concerning information and electronic transactions. which threatens anyone who has committed a criminal act of breaking into another person's account via an electronic system with imprisonment, but this threat is not enough to provide a deterrent to the perpetrators, even though on the other hand the victims of this crime experience quite large losses and cause anxiety in society which is quite high in the security of their accounts. So this is quite interesting to research, especially from the normative aspect of the legislation. This research uses a normative type of research with a legal approach, with this research it is hoped that it can provide a clear picture of the criminal sanctions threatened by perpetrators of online account hacking under the guise of links, and it is also hoped that it will further provide an understanding of the importance of legal protection. against the account holders of the actions of the perpetrators of this crime.
Perlindungan Hukum terhadap Tanah Ulayat Masyarakat Adat yang Masuk Ke dalam Pembangunan Ibu Kota Negara
Get PDFThis research examines the legal protection of customary lands of indigenous communities involved in the development of special economic zones (IKN). This research uses a legal approach and case studies to analyze the impact of IKN development on the customary rights of indigenous communities. The results of this research highlight the challenges associated with IKN development and potential violations of customary land rights. This study also reviews the existing legal framework and recommends improving and strengthening legal protection for indigenous peoples. Therefore, this study contributes to a deeper understanding of the dynamics of legal protection of customary land in the changing IKN development environment and highlights the importance of supporting the rights of indigenous peoples for sustainable development
Pengawasan Pelaksanaan Akad Notaris pada Perbankan Syariah oleh Dewan Pengawas Syariah
Get PDFThe rapid development of Islamic banking institutions must be supported by effective supervision so that operations are more efficient, so the Sharia Supervisory Board was formed by the National Supervisory Board (DSN) to oversee the application of sharia principles in Islamic banking. This research aims to find out the role of the Sharia Supervisory Board in supervising Islamic financial institutions in Indonesia and the Sharia Supervisory Board (DPS) related to supervising the implementation of contracts by Notary. The method used in this research is doctrinal legal research method using secondary data related to Islamic banking. The results of this study indicate that DPS supervision in Islamic banking is not optimal, which has an impact on the supervision of contracts in Islamic banking, as seen from the many problems in Islamic banking in the form of contract violations contrary to sharia principles. The conclusion of this problem is that the Sharia Supervisory Board (DPS) has not optimally carried out its supervision according to its rules to ensure compliance with sharia principles, as supervisors of Islamic banks must oversee every stage of the financing process to ensure the legal protection of their customers
Penegakan Hukum Pidana Anak Sebagai Pelaku Perundungan dalam Perundang-Undangan di Indonesia
Get PDFChildren are the nation's next generation and play an important role in nation development. In life, children cannot be separated from perfection in terms of physical or mental life. These physical or mental deficiencies can become material for bullying by other children which can disrupt the child's survival and peace. In enforcing criminal law to stop bullying by children, the government issued Law Number 23 of 2002 concerning Child Protection, and amendments were made to Law Number 35 of 2014 concerning Child Protection to accommodate the increasing number of child crimes. The research method used is normative research which focuses on a legislative approach and a conceptual approach. After collecting the results of this research, it is then developed through an interpretive approach. The conclusion that can be drawn from this research is that bullying is any action or behavior carried out with the aim of causing injury. This harm can be physical, psychological, emotional, or verbal. Bullying behavior combines several criminal acts in the Criminal Code and for children using the Juvenile Criminal Justice System Act. The second conclusion is that children who are accused of bullying are threatened with criminal sanctions. According to the Juvenile Criminal Justice System Law, cases of bullying committed by teenagers can be brought to court and the judicial process will be carried out according to the law for children
Pemeliharaan dan Pembiayaan Nafkah Anak Pasca Perceraian (Studi Kasus Putusan Nomor 590/Pdt.G/2019/PN.Bks)
Get PDFChild care involves both parents, namely the father and mother, as parties who have responsibility for their children, even though some marriages end in divorce. This research aims to find out and examine how maintenance and financing of maintenance for children after divorce occurs according to statutory regulations. Child care after divorce is regulated in Law Number 35 of 2014 concerning Child Protection and Law Number 1 of 1974 concerning Marriage. The research method used is a normative or doctrinal juridical type, namely research that refers to legal norms contained in statutory regulations and norms that apply in community life. The research results in decision number 590/Pdt.G/2019/PN.Bks show that fulfilling children's maintenance after their parents' divorce has not gone completely well. This is because the ex-husband, after officially divorcing, no longer carries out his obligations. The conclusion in this problem is that child support is still not being met and it is necessary to establish an official institution so that there is supervision over the provision of child support after divorce, whether it has really been carried out in accordance with the governing law
Implementasi Undang-Undang Nomor 13 Tahun 2022 Tentang Pembentukan Peraturan Perundang-Undangan terhadap Peraturan Daerah Kabupaten Karawang Mengenai Pemindahan Pedagang Kaki Lima Berdasarkan Asas Keadilan
Get PDFThis study focuses on Article 31, Paragraph (1) regarding the analysis of the alignment between the Karawang Regency Regional Regulation No. 4 of 2015 on the Regulation and Empowerment of Street Vendors and Law No. 13 of 2022 on the Formation of Legislation. Street vendors have complained about the high cost of stalls in the new market, which was established by the Regent of Karawang based on the new regional regulation. The research method employed is a normative juridical approach, with a research plan spanning 5 months. The scope of the study includes the relocation and empowerment of street vendors. The legal materials used are secondary legal sources. This research provides recommendations for improving the implementation process and adjusting policies to ensure that the objectives of relocating street vendors are achieved fairly and efficiently. The findings offer insights into how the formation of legislation can be enhanced to better address the needs of street vendors