Jurnal Online Universitas Pekalongan
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Authority of The Indonesian Corruption Eradication Commission Post Amendment to Law No. 19 of 2019: Regresive or Progressive in Law Enforcement?
Get PDFThe aim of this research is to look at the transformation of the Corruption Eradication Commission Institution after the revision of the new Indonesian Corruption Eradication Commission (KPK) Law in supporting corruption prevention policies in Indonesia. This research was conducted using doctrinal legal research methods or normative legal research. In this research, the approaches used include: Statute Approach. Conceptual Approach, Historical Approach, Case Approach. The research results show that: 1) The authority of the Corruption Eradication Commission (KPK) after the promulgation of Law no. 19 of 2019 concerning the Second Amendment to Law no. 30 of 2002 concerning the Corruption Eradication Commission, with the addition of the Supervisory Board within the Corruption Eradication Commission (KPK) Institution which has quite large authority, namely not only supervision but also the implementation of the authority of the Corruption Eradication Committee, namely that it must first obtain permission from the Supervisory Board before carrying out wiretapping, searches and/ or the confiscation is carried out by the Corruption Eradication Commission, this can hinder law enforcement in eradicating criminal acts of corruption and can also affect the independence of the Eradication of Corruption Crimes within the Corruption Eradication Commission Institution
Optimizing Criminal Sanctions Against Narcotics Crimes in Indonesia
Get PDFThis study discusses the application of criminal sanctions for narcotics crimes in Indonesia. It also aims to find solutions to legal problems by using juridical-normative research because it prioritizes the conception of LawLaw as a law in doctrine, which is entirely covered in a conceptual approach to research. Research results: First, the justification for applying sanctions against narcotics offenders is based on the theory of determinism and the values of Pancasila justice, according to mono-dualistic teachings in criminal law. Theoretically, the application of action sanctions is in line with several legal theories, including the Combined/Modern Criminal Theory (Verenings Theorien), the Restorative Justice Theory, and the Double Track System Theory. Second, the revision of the Narcotics Law must establish limits and requirements for the application of sanctions for actions related to the type of crime and the perpetrator of the crime. This is important to do when the law is changed in the future. Third, sanctions can be implemented in two ways: normative through the Brainwashin program, decriminalization programs, and health programs for women drug users, and social forms through the separation of corrections and the establishment of particular institutions for the implementation of action sanctions, which are under the jurisdiction of the Prosecutor\u27s Office Agung and in the future there needs to be a special narcotics court
Implementation of Presidential Instruction Number 1 Of 2022 in Transfer of Land Rights
Get PDFAccording to Presidential Instruction Number 1 of 2022 concerning Optimising the Implementation of the National Health Insurance Program, which aims to optimise the implementation of a Guarantee program, there will be additional requirements in 2022 for transferring ownership rights to land and flat units, specifically the possession of an active BPJS membership card. Since these policy regulations are actually not statutory requirements, this causes individuals to consider the legal force surrounding this issue. The research methodology used in this study was normative legal research, and qualitative data analysis was the data analysis technique used. If we look at the data that has been taken, it can be seen that the Presidential Instruction issued by President Joko Widodo has been quite successful in optimizing existing health programs in Indonesia. It can be seen that there has been quite a significant increase if seen according to the numbers which increase over time
THE FREEDOM OF CONTRACT PRINCIPLE IN CONTRACT OF EMPLOYMENT
Get PDFThis study aims to examine the application of the principle of freedom of contract within employment contracts. The employment contract serves as the foundational agreement between an employee and an employer. As a type of contract, the employment contract inherently adheres to the principle of freedom of contract. This research employs a normative juridical method, utilizing secondary data and descriptive qualitative analysis. The findings indicate that while the principle of freedom of contract applies to employment contracts, its scope is limited by specific material and formal requirements outlined in Law No. 13 of 2003 concerning Manpower. The principle functions effectively when both parties possess equal bargaining power; however, when there is a disparity, such as the unequal socio-economic status between the employer and the employee, the principle’s application may be hindered, potentially disadvantaging the employee.This study aims to examine the application of the principle of freedom of contract within employment contracts. The employment contract serves as the foundational agreement between an employee and an employer. As a type of contract, the employment contract inherently adheres to the principle of freedom of contract. This research employs a normative juridical method, utilizing secondary data and descriptive qualitative analysis. The findings indicate that while the principle of freedom of contract applies to employment contracts, its scope is limited by specific material and formal requirements outlined in Law No. 13 of 2003 concerning Manpower. The principle functions effectively when both parties possess equal bargaining power; however, when there is a disparity, such as the unequal socio-economic status between the employer and the employee, the principle’s application may be hindered, potentially disadvantaging the employee
Reorientation Of Mayor Regulation Number 28 Of 2024 For Taxpayers In Medan City
Get PDFThe principle of legal certainty and legality of tax collection is an important principle in a state of law as stated in the 1945 Constitution that Indonesia is a state of law and a tax cannot be collected without being regulated by law. The Mayor\u27s Regulation is an implementing regulation that has binding legal force which is ordered by higher legislation or formed based on authority. The position of the Medan Mayor\u27s Regulation Number 28 of 2024 raises a legal event. This study will critically examine and analyze, and normatively regarding the Mayor\u27s Regulation based on the perspective of comparative law theory both from the decision of the constitutional court, the formation of regional legal products and relevant laws and enforcing the law in implementing it for taxpayers. This study aims to determine whether the formation of the Mayor\u27s Regulation is in accordance with the authority and ordered by the Legislation and the validity of the law in implementing the Mayor\u27s Regulation. The results of the study found that the Mayor\u27s Regulation is an implementing regulation that does not have the authority to add non-normative substance, the Mayor\u27s Regulation only has the authority to regulate administrative procedures. Officials who should not implement the Mayor\u27s Regulation, if it conflicts with higher regulations based on the principle of lex superior derogat legi inferiori, in carrying out their duties and responsibilities must comply with the Laws and Regulation
Strengthening The Presidential System by Simplifying Parliamentary Political Parties By Maximized Parliamentary Threshold Figures
Get PDFThe parliamentary threshold is the minimum vote requirement for political parties in the general election to be included in determining the seats of the DPR-RI in Senayan. Problems arise when the parliamentary threshold is unable to simplify political parties so that it affects the stability of the presidential government. This study aims to determine how the design of the simplification of the parliamentary threshold is in strengthening the presidential system and to determine the relationship between the simplification of political parties and the presidential system. This type of research is normative research that uses secondary data sources. Based on the results of the study, it is known that the parliamentary threshold always changes in every election, starting from the first election to the 2024 election. The design to achieve the goal of simplifying parliamentary political parties to strengthen the presidential system is to increase the parliamentary threshold. Furthermore, there is a relationship between the simplification of political parties and the presidential system. If the number of political parties that win seats in parliament is small, then the presidential system becomes effective and government stability is maintained. However, if the number of parties that exceed the threshold is large, policy making will affect government stability, so that there will be many conflicts of interest, and government stability becomes unstable
Transparency and Accountability in Public Services and Policies in Administrative Law: A Comparative Study of Indonesia and Norway
Get PDFThis study aims to compare the application of transparency and accountability principles in public services and policies between Indonesia and Norway within the context of administrative law, as well as to identify the supporting and inhibiting factors affecting their implementation in both countries. The research employs a normative legal method with statutory, comparative, and conceptual approaches to analyze regulations, legal doctrines, and administrative practices related to transparency and accountability in Indonesia and Norway through literature studies and qualitative analysis. The findings reveal significant differences in the implementation of transparency and accountability principles in administrative law between the two countries, both in regulations and practice. Norway has successfully built a transparent and accountable public administration system through strong regulations, independent oversight, and a legal culture that supports information openness and public official accountability. On the other hand, although Indonesia has enacted various regulations, such as the Public Information Disclosure Act and several oversight institutions, implementation still faces numerous challenges, including a lack of transparency in bureaucracy, low public awareness, and persistent corruption. The key factors supporting transparency and accountability effectiveness in Norway include a robust oversight system, digitalization of public services, and high levels of press freedom and public participation. Meanwhile, in Indonesia, the main challenges lie in weak law enforcement, political interference, and inconsistencies in implementing openness and accountability policie
Procedure For Determining The Receipt Of Life Insurance Benefits
Get PDFThe background of this research is that there are differences in assessing insurance funds as joint property or as separate ownership rights by the beneficiary listed in the policy. The purpose of this study was to analyze the procedure for determining the receipt of life insurance benefits. The research method chosen was using empirical juridical research methods and descriptive analytical research approaches, by analyzing the judge\u27s decision on the application for dispute resolution regarding Sharia Insurance, Islamic Inheritance Law, in a religious court. The results of this study indicate that; the procedure for determining the receipt of life insurance benefits, namely the insured can provide life insurance for a third party or for himself, so in life insurance there are the insurer, the insured and a third party, namely the person who receives the benefit (beneficiary) from the insured in the form of the rights and obligations of each - each of these parties
Limitations on the Use of Social Media in Health Services in Terms of Legislation
Get PDFActivities on social media have become a habit that isdifficult for users to leave behind, making theseactivities take place continuously in order to continueto exist on social media. But not all of these activitiesare beneficial, they can also be disastrous for users andeven other people. The urgency of this study is to focuson the limits of the use of social media in health careactivities, which will see and know the rules governingthe limits of the use of social media during health careactivities. Reviewing whether the activity of recordinghealth service activities is justified by law so that itwill not interfere with health service activities. Thisstudy uses normative law which is descriptiveanalytical, using a comparative law and case approach.The data source uses secondary data sources, consistingof primary legal materials, secondary legal materials,and tertiary legal materials. Data collection usesliterature collection techniques with data collectiontools in the form of document studies and legislation,with data analysis using qualitative research. Thisstudy concludes that in Indonesia, activities on socialmedia have not yet been regulated, making it difficultfor justice seekers to gain access if there is abuse ofactivities on social media, especially when providinghealth service
Paradigm Shift from Punishment to Rehabilitation: An Analysis of the Implementation of the Best Interests of the Child Principle in the Criminal Justice System
Get PDFThe transformation of the penal paradigm for children from a retributive to a rehabilitative approach through the mechanism of diversion is a crucial component in realizing the best interests of the child within Indonesia’s juvenile justice system. Diversion not onlyoffers a more humane resolution to cases shielding children from the adverse impacts of formal litigation but also creates space for psychosocial recovery and social reintegration. However, its effectiveness in practice continues to face major challenges, includingthe limited awareness and capacity of law enforcement officers, insufficient victim participation, and the shortage of qualified facilitators such as community corrections officers. To address these issues, an integrative implementation model is required, onebased on multidisciplinary psychosocial assessment and involving the collaboration of legal authorities, correctional institutions, communities, andeducational entities. Furthermore, strong institutionaland policy support through thedevelopment of operational regulations, adequate budget allocations, continuous training, and a child-friendly legal culture is essential to ensure that the transformation of penal policy towards rehabilitation becomes a substantive reality rather than a merely normative aspiratio