Jurnal Online Universitas Pekalongan
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Mechanism for Settlement of Gross Human Rights Violations
Get PDFThis study is entitled Mechanism for Settlement of Serious Human Rights Violations, with the aim of knowing and analyzing the mechanism for settlement of serious human rights violations and its obstacles. The legal research method used is the normative legal research method which emphasizes more on literature studies with primary legal materials, secondary legal materials and tertiary legal materials, using qualitative analysis. The results of this study reveal that the settlement of serious human rights violations can be carried out through the court mechanism and the truth and reconciliation commission mechanism. The obstacles in resolving serious human rights violations are more related to the substance. The mechanism for resolving serious human rights violations is not effective because it adopts the principle of retroactive and no expiration. In addition, the substance of determining the implementation of the human rights court is not effective, thus hampering the further examination process
URGENCY OF RESPONSIBILITY GOVERNMENT IN FULFILLMENT CONSTITUTIONAL RIGHTS OF PERSONS WITH DISABILITIES TO GET FAIR EMPLOYMENT
Get PDFGovernment Responsibility in fulfil right constitutional citizens whoguarantee continuity life every citizens , including people withdisabilities who have not yet obtained employment according toexisting regulations. Formulation of problems in research Thisincluding : fulfillment right constitutional sufferer disability to get a jobis not fair; and urgency of responsibility answer government infulfillment right constitutional sufferer disability to get fair work. Thisresearch method uses a normative legal research type, namely researchusing secondary data as the main data, while primary data assupporting data. This research also uses a legislative approach, aconceptual approach, a comparative approach, and a case approach.Research Results This show Arrangement right constitutional suffererdisability to get a job moment This regulated in Article 5 paragraph (1)of Law Number 8 of 2016 concerning Persons with Disabilities , whichstates that the Government and Regional Governments have aresponsibility to fulfill the rights of Persons with Disabilities.Fulfillment right constitutional sufferer disability to get a job is not fairbecause internal factors still exist low level education suffererdisabilities that become reason existence gap skills between suffererdisability with worker normal . While external factors still have limitedaccessibility in various aspects of life, such as education, health,transportation, and work. Urgency of Responsibility Government infulfillment right constitutional sufferer disability To obtain fair work,Article 27 paragraph (2) of the 1945 Constitution of the Republic ofIndonesia regulates the right of every person to work and obtain adecent income. While the right constitutional sufferer disability to geta job at an agency or BUMN or BUMD or Private sector that does notcomply provisions of Article 53 of the Law Number 8 of 2016concerning There are no sanctions for people with disabilities, thisshould be given strict sanctions so that it can be realized properly .Government Responsibility in fulfil right constitutional citizens who guarantee continuity life every citizens , including people with disabilities who have not yet obtained employment according to existing regulations. Formulation of problems in research This including : fulfillment right constitutional sufferer disability to get a job is not fair; and urgency of responsibility answer government in fulfillment right constitutional sufferer disability to get fair work. This research method uses a normative legal research type, namely research using secondary data as the main data, while primary data as supporting data. This research also uses a legislative approach, a conceptual approach, a comparative approach, and a case approach. Research Results This show Arrangement right constitutional sufferer disability to get a job moment This regulated in Article 5 paragraph (1) of Law Number 8 of 2016 concerning Persons with Disabilities , which states that the Government and Regional Governments have a responsibility to fulfill the rights of Persons with Disabilities. Fulfillment right constitutional sufferer disability to get a job is not fair because internal factors still exist low level education sufferer disabilities that become reason existence gap skills between sufferer disability with worker normal . While external factors still have limited accessibility in various aspects of life, such as education, health, transportation, and work. Urgency of Responsibility Government in fulfillment right constitutional sufferer disability To obtain fair work, Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia regulates the right of every person to work and obtain a decent income. While the right constitutional sufferer disability to get a job at an agency or BUMN or BUMD or Private sector that does not comply provisions of Article 53 of the Law Number 8 of 2016 concerning There are no sanctions for people with disabilities, this should be given strict sanctions so that it can be realized properly
LEGAL PROTECTION FOR THE INSURED IN AN INSURANCE AGREEMENT IN THE EVENT OF A CLAIM DEFAULT
Get PDFThe phenomenon of insurance default that occurs to customers is relatedto research on critical evaluation of the Indonesian national legal systemand identifying the mechanism for resolving insurance law conflicts. Themethod used is normative juridical research with empirical andlegislative approaches, the data collected comes from literature studiesand literature studies. The data was analyzed qualitatively to analyzeinsurance laws in Indonesia, as well as the lack of regulations related tothe process of insurance. The results of the study show that although therehave been a number of regulations, such as Law Number 40 of 2014concerning Insurance and the Consumer Protection Law, theimplementation of legal protection for customers is still weak, especiallyin terms of settling claims and corporate liability in default. The disputeresolution mechanism through the courts, BPSK, and LAPS SJK also doesnot fully guarantee legal certainty and the effectiveness of theimplementation of the decision. The absence of policy underwriters andweak integration of the legal system put customers in a legallydisadvantaged position. This study recommends the establishment of aPolicy Guarantee Institution, strengthening the authority of disputeresolution institutions, and harmonizing regulations to strengthen legalprotection for customers. The implications of this study are important forimproving the insurance legal system in Indonesia, in order to realizefair, certain, and useful consumer protection in real termsThe phenomenon of insurance default that occurs to customers is related to research on critical evaluation of the Indonesian national legal system and identifying the mechanism for resolving insurance law conflicts. The method used is normative juridical research with empirical and legislative approaches, the data collected comes from literature studies and literature studies. The data was analyzed qualitatively to analyze insurance laws in Indonesia, as well as the lack of regulations related to the process of insurance. The results of the study show that although there have been a number of regulations, such as Law Number 40 of 2014 concerning Insurance and the Consumer Protection Law, the implementation of legal protection for customers is still weak, especially in terms of settling claims and corporate liability in default. The dispute resolution mechanism through the courts, BPSK, and LAPS SJK also does not fully guarantee legal certainty and the effectiveness of the implementation of the decision. The absence of policy underwriters and weak integration of the legal system put customers in a legally disadvantaged position. This study recommends the establishment of a Policy Guarantee Institution, strengthening the authority of dispute resolution institutions, and harmonizing regulations to strengthen legal protection for customers. The implications of this study are important for improving the insurance legal system in Indonesia, in order to realize fair, certain, and useful consumer protection in real terms
The Function of The Kinship Legal System and Legal Certainty of Land Rights of Papuan Customary Communities in Jayapura City (From a Philosophical, Sociological, and Legal Perspective)
Get PDFThis study aims to analyze the function of the kinship legal system in regulating land rights for Papuan customary communities in Jayapura City, identify factors causing legal uncertainty, and formulate a policy model that can guarantee legal certainty of these land rights. This study uses philosophical, sociological, and juridical approaches to understand the role of values, social structures, and formal legal norms in the dynamics of customary land ownership. The findings indicate that the kinship legal system, particularly those based on patrilineal and matrilineal descent, remains the primary basis for recognizing land rights at the community level. However, the weak formal state recognition of this system, overlapping sectoral regulations, the absence of customary territory mapping, and limited community access to legal justice are the main causes of legal uncertainty. To address these issues, this study proposes a hybrid policy model that integrates formal legal recognition of customary rights, participatory mapping, strengthening customary institutions, and the implementation of the principle of Free, Prior, and Informed Consent (FPIC) throughout the licensing and development process. The results of this study emphasize the importance of synchronizing state law and customary law within the framework of Papua\u27s Special Autonomy in order to create legal certainty that is just and contextual
A Study of Legal Hermeneutics on the Interpretation of Trademark Law in Commercial Disputes
Get PDFThis study examines the application of legal hermeneutics in interpreting trademark law, particularly within the context of commercial dispute resolution. The legal issue under scrutiny lies in the inconsistency of judicial interpretations of trademark provisions, which often result in legal uncertainty and perceived injustice for business actors. The objective of this research is to analyze how the legal hermeneutic approach can offer a more contextual and equitable understanding in the interpretation of trademark law, especially in light of the evolving dynamics of modern commercial practices. This research employs a normative legal method, incorporating a hermeneutic approach. Data were collected through a literature review of statutory regulations, court decisions, and relevant academic literature. The hermeneutic framework is used to uncover the substantive meaning of legal norms within their social, economic, and cultural contexts. The novelty of this study lies in its application of legal hermeneutics to trademark disputes in Indonesia—an area that has predominantly been analyzed through textual or positivist lenses. The findings indicate that the hermeneutic approach reveals the teleological dimensions and substantive justice values embedded in trademark law interpretation. This method also contributes to producing judicial decisions that are more responsive to the complexities of business relations and consumer protection. The study recommends that judges and legal practitioners begin adopting a hermeneutic legal approach when handling trademark disputes, as a means to enhance legal legitimacy and ensure a more contextually grounded legal certaint
Sowing Peace, Reaping Harmony: The Role of Religious Figures in Grounding Religious Moderation in Sulawesi (A Socio-Legal Study
Get PDFThis study critically inquires the role of religious figures within the framework of instilling the concept of religious moderation in Indonesia. The main reason for this study is that social facts in Indonesia today, indicate that there are certain people who interpret religion in extreme ways. This is the background behind the issuance of Presidential Regulation Number 18 of 2020 which places religious moderation as a fundamental social capital for nation building. In line with that, this paper maps out the strategies run by religious leaders in carrying out their roles in grounding the concept of religious moderation. This article is based on socio-legal research. The data were collected through observation, in-depth interviews, and documentation. The result of this study shows that religious leaders play an important role in instilling religious moderation by acting as inspirations in inter-religious interactions, motivators in understanding religious moderation, role models in moderation behavior, initiators of moderate religious perspectives, promoters of internal and external dialogue, mediators, catalysts, in carrying out Islam as rahmatan li al-alamin, and is at the forefront (spearhead) in socializing the concept of religious moderation
Reconstruction of Business Legal Ethics from the Perspective of the Principles of Good Faith and Contractual Fairness
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Contracts in modern business practice serve not only as binding legal instruments but also as vehicles for realizing ethical values between parties. However, in reality, many commercial agreements are drafted solely based on the principle of freedom of contract, without adequate regard for the principles of good faith and contractual justice, which are essential to ensuring a fair balance of rights and obligations. The legal issue addressed in this study concerns the absence of explicit regulation regarding ethical standards in contract performance, particularly the role of good faith as a moral and legal foundation binding the parties. This study aims to reconstruct business legal ethics by positioning the principles of good faith and contractual justice as normative elements within Indonesia\u27s civil law system. The research adopts a normative juridical method, utilizing both conceptual and statutory approaches, supported by doctrinal analysis and relevant jurisprudence. The findings indicate that the principle of good faith, as stipulated in Article 1338(3) of the Indonesian Civil Code, holds strong potential as a legal basis for assessing the moral legitimacy of contract execution. Similarly, the principle of contractual justice may serve as a corrective mechanism against imbalanced or exploitative business practices. Therefore, reconstructing business legal ethics through these two principles is crucial for developing a contractual system that is fair, morally grounded, and responsive to evolving socio-economic dynamics
Dinamika Sistem Pemerintahan Kesultanan Ternate: Analisis Kritis Integrasi Ino Mano Nako dalam Perspektif Hukum Tata Negara Indonesia
No full textThis study elaborates on the governance pattern of the Ternate Sultanate as a form of integration between customary law and Islamic law through modern constitutional concepts. This research is significant for enriching the discourse on the diversity of governance systems based on local Indonesian values, which remains limited compared to studies on modern systems. A qualitative method was applied through the study of historical manuscripts, literature, and intensive dialogue with key actors. The findings reveal that this tiered structure represents a harmonious integration of customary law is represented by the Bobato Dunia institution and the Fala Raha council, Islamic law is represented by the Bobato Akhirat institution in the spiritual system, while modern constitutional law concepts are evident in the division of powers and the leader selection mechanism, which reflects an elite democracy. This governance model of the Sultanate demonstrates the adaptation of local values within a modern state system. It also recommends the formal validation of customary governance systems and policies that support regional autonomy without compromising national integration. Further research is required on public perception and comparative studies with other sultanates.Kajian ini menguraikan pola pemerintahan Kesultanan Ternate sebagai bentuk integrasi antara hukum adat dan hukum Islam melalui konsep-konsep konstitusional modern. Penelitian ini penting untuk memperkaya wacana tentang keberagaman sistem pemerintahan yang berbasis pada nilai-nilai lokal Indonesia, yang hingga kini masih terbatas dibandingkan dengan kajian mengenai sistem modern. Metode kualitatif digunakan melalui kajian naskah sejarah, literatur, serta dialog intensif dengan para aktor kunci. Temuan penelitian menunjukkan bahwa struktur pemerintahan berjenjang tersebut merepresentasikan integrasi yang harmonis, di mana hukum adat diwujudkan melalui lembaga Bobato Dunia dan dewan Fala Raha, hukum Islam direpresentasikan oleh lembaga Bobato Akhirat dalam sistem spiritual, sementara konsep hukum konstitusional modern tercermin dalam pembagian kekuasaan dan mekanisme pemilihan pemimpin yang menggambarkan demokrasi elitis. Model pemerintahan Kesultanan ini memperlihatkan adanya adaptasi nilai-nilai lokal dalam sistem negara modern. Kajian ini juga merekomendasikan pengesahan formal terhadap sistem pemerintahan adat serta kebijakan yang mendukung otonomi daerah tanpa mengorbankan integrasi nasional. Penelitian lebih lanjut diperlukan terkait persepsi publik dan studi perbandingan dengan kesultanan lainnya
Online Dispute Resolution as a Progressive Paradigm for Consumer Dispute Resolution in E-Commerce Transactions
Get PDFThe rapid growth of e-commerce has introduced new challenges in consumer protection, particularly regarding dispute resolution mechanisms. Conventional pathways through the courts or the Consumer Dispute Settlement Board (BPSK) have proven inadequate in addressing the complexities of online transactions, which are characterized by cross-border interactions, speed, and relatively small economic values. This situation creates a gap between consumers’ rights to justice and the effectiveness of available dispute resolution mechanisms. This study aims to analyze the limitations of conventional mechanisms in resolving consumer disputes in e-commerce and to explore the role of Online Dispute Resolution (ODR) as a progressive paradigm capable of ensuring legal certainty and consumer protection. The research employs a normative juridical method with a conceptual and legislative approach, examining the compatibility of national regulations with the legal needs of the digital era. The findings reveal that conventional mechanisms are insufficiently adaptive to electronic evidence, hindered by jurisdictional barriers, and inefficient in terms of costs and procedures, thereby reducing consumer access to justice. In contrast, ODR offers a more progressive solution by leveraging technology to provide faster, more affordable, and cross-jurisdictional dispute resolution. The novelty of this research lies in positioning ODR not merely as an alternative mechanism but as a progressive legal paradigm that balances legal certainty with consumer protection. This contributes significantly to the development of a more responsive national legal system in addressing digital challenges
Saga Farm-Tani Organik Merapi: Jalan Panjang Pertanian Berkelanjutan di Indonesia: Saga Farm-Tani Organik Merapi: The Long Road To Sustainable Agriculture In Indonesia
Get PDFPertanian berkelanjutan menjadi fokus penting dalam memenuhi kebutuhan pangan tanpa merusak lingkungan, terutama di Indonesia yang memiliki kontribusi sektor pertanian yang besar terhadap perekonomian pedesaan. Penelitian ini bertujuan untuk meninjau penerapan praktik pertanian berkelanjutan di SAGA Farm di Bogor dan Tani Organik Merapi Yogyakarta. Studi ini dilakukan pada bulan September-Oktober 2024 dengan menggunakan metode wawancara mendalam, observasi lapangan, analisis laboratorium, dan studi literatur. Hasil penelitian menunjukkan bahwa terdapat perbedaan dalam pengelolaan kesuburan lahan dan kandungan unsur hara tanah. SAGA Farm memiliki keunggulan dalam produksi pupuk organik secara teratur, sedangkan TOM unggul dalam keragaman tanaman refugia dan rotasi tanaman yang lebih bervariasi. Keduanya menunjukkan tingkat hara tanah yang mendukung produktivitas tanaman, dengan kandungan fosfor yang tinggi di TOM (616,35 ppm) dan kalium yang tinggi di SAGA Farm (4099,10 mg/kg). Praktik pertanian berkelanjutan yang diterapkan oleh SAGA Farm dan TOM berkontribusi dalam meningkatkan kesuburan tanah, mengurangi ketergantungan pada bahan kimia dan mendukung keanekaragaman hayati. Dari perspektif sosial-ekonomi, kedua lokasi tersebut memberdayakan masyarakat lokal dan menurunkan biaya produksi petani. Meskipun pendekatannya berbeda, praktik pertanian di SAGA Farm dan TOM memberikan manfaat ekologi dan sosial ekonomi yang signifikan, menjadikan pertanian berkelanjutan sebagai solusi strategis dalam menjaga keseimbangan ekologi