Jurnal Online Universitas Pekalongan
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Substantive Justice for Indigenous Peoples through the Application of the Principle of Free Prior and Informed Consent (Comparison of Indonesia and Philippines)
Get PDFIn order to protect the rights of indigenous peoples in Indonesia and the Philippines, this study aims to examine the connection between substantive justice and the FPIC framework. Since Indonesia has not officially adopted Free, Prior, and Informed Consent (FPIC), there is a major difference between the two countries\u27 legal systems in this respect. On top of that, it\u27s a part of the Philippines\u27 Indigenous Peoples\u27 Rights Act (IPRA). Methods used in the study include conceptual frameworks, legal philosophy, comparative procedures, comparative approaches to policy and law, and normative (doctrinal) approaches to analysis. In spite of difficulties, the Philippines demonstrates a more thorough application of FPIC, but the results reveal that Indonesia\u27s implementation is shallow and does not effectively protect the rights of indigenous groups. Separate bodies, such as the National Commission for the Rights and Protection of Indigenous Peoples (KNHPMA), should be established in Indonesia so that FPIC may be formally incorporated into laws, according to the paper. By fully integrating FPIC in Indonesia, we may achieve equity, inclusivity, and sustainable development based on respect for local knowledge. This might reduce agricultural disputes and improve the protection of indigenous peoples\u27 human rights
SOCIAL JUSTICE AND ACCESS TO HEALTH IN CIREBON REGENCY
Get PDFThe 5th Pancasila Precept, which reads social justice for the community, includes justice in all aspects, including social justice in the health sector. The government has issued various regulations to implement the fifth precept of Pancasila, but in some areas, problems have arisen in the health sector. The national health program adopted by WHO is the UHC Program. One of the benefits provided by the UHC program is the active participation of 1x24 hours, but with the UHC program, several requirements must be met by local governments that cause new problems. This research method uses a qualitative research method that emphasizes in-depth understanding. The research was conducted in Cirebon Regency using data from the Health Office and Social Service and interviews with private hospitals. Cirebon Regency is an autonomous region with its inherent concurrent authority to make policies in the field of health services so that health service problems can be solved and the people of Cirebon Regency can feel social justice in the health sector.
The 5th Pancasila Precept, which reads social justice for the community, includes justice in all aspects, including social justice in the health sector. The government has issued various regulations to implement the fifth precept of Pancasila, but in some areas, problems have arisen in the health sector. The national health program adopted by WHO is the UHC Program. One of the benefits provided by the UHC program is the active participation of 1x24 hours, but with the UHC program, several requirements must be met by local governments that cause new problems. This research method uses a qualitative research method that emphasizes in-depth understanding. The research was conducted in Cirebon Regency using data from the Health Office and Social Service and interviews with private hospitals. Cirebon Regency is an autonomous region with its inherent concurrent authority to make policies in the field of health services so that health service problems can be solved and the people of Cirebon Regency can feel social justice in the health sector
English: SAD KERTIH KEARIFAN LOKAL BALI DALAM PERSPEKTIF PENGENDALIAN LINGKUNGAN HIDUP
No full textThis study focused on the role of Sad Kertih, a policy concept based on Balinese local wisdom, from the perspective of environmental control. Bali, with its rich culture and traditions, has developed various environmental management practices rooted in local values, one of which is through the Sad Kertih system. This system combines social, cultural, and ecological aspects to maintain environmental sustainability and the sustainability of Balinese people\u27s lives. The purpose of this study is to explore how Sad Kertih can contribute to environmental control and preservation, both locally and globally. With a local wisdom approach, this system not only prioritizes respect for nature but also empowers communities to play an active role in sustainable natural resource management. This study uses a normative legal research method, that is a research examining legal norms prescriptively.
The finding of the study indicated that Sad Kertih has a potential to increase environmental awareness among Balinese people and can provide more adaptive solutions to climate change and increasing environmental damage. In conclusion, the application of Balinese local wisdom values through Sad Kertih is very relevant in strengthening environmental control in the modern era, by paying attention to aspects of sustainability and ecosystem balance.
Key Word:Sad Kertih, local wisdom, environmental control, sustainability, Bali. Penelitian ini mengkaji peran Sad Kertih, sebuah konsep kebijakan yang berbasis pada kearifan lokal Bali, dalam perspektif pengendalian lingkungan hidup. Bali, dengan budaya dan tradisinya yang kaya, telah mengembangkan berbagai praktik pengelolaan lingkungan yang berakar pada nilai-nilai lokal, salah satunya melalui sistem Sad Kertih. Sistem ini menggabungkan aspek sosial, budaya, dan ekologis untuk menjaga kelestarian lingkungan serta keberlanjutan kehidupan masyarakat Bali. Tujuan dari penelitian ini adalah untuk mengeksplorasi bagaimana Sad Kertih dapat berkontribusi dalam pengendalian dan pelestarian lingkungan hidup, baik dalam skala lokal maupun global. Dengan pendekatan kearifan lokal, sistem ini tidak hanya mengedepankan penghormatan terhadap alam, tetapi juga memberdayakan masyarakat untuk berperan aktif dalam pengelolaan sumber daya alam secara berkelanjutan. Penelitian ini menggunakan metode penelitian hukum normatif, yakni penelitian yang melakukan pengkajian terhadap norma hukum secara preskriptif.
Hasil penelitian menunjukkan bahwa Sad Kertih memiliki potensi untuk meningkatkan kesadaran lingkungan di kalangan masyarakat Bali, serta mampu memberikan solusi yang lebih adaptif terhadap perubahan iklim dan kerusakan lingkungan yang semakin meningkat. Sebagai kesimpulan, penerapan nilai-nilai kearifan lokal Bali melalui Sad Kertih sangat relevan dalam memperkuat pengendalian lingkungan hidup di era modern, dengan memperhatikan aspek keberlanjutan dan keseimbangan ekosistem.
Kata Kunci: Sad Kertih, kearifan lokal, pengendalian lingkungan hidup, keberlanjutan, Bali
RESTORATIVE JUSTICE BETWEEN CHILDREN AS VIOLATORS AND CHILDREN AS VICTIMS IN THE CHILD CRIMINAL JUSTICE SYSTEM IN INDONESIA
Get PDFChildren are very valuable assets for a nation, this makes the State must pursue various policies to protect the growth and development of the children themselves. One of the efforts made is to provide maximum protection to children in conflict with the law. Related to children who have problems with the law both as perpetrators and as victims, of course law enforcement officials should provide special space for children in criminal justice related to the punishment of children and the conditions of children who are victims so that children\u27s rights are protected. Efforts to protect the rights of children in conflict with the law, then the settlement of cases against children in conflict with the law and as victims, of course, the settlement requires all elements of both children being perpetrators, children being victims, law enforcement officials, and the community to realize a court based on the protection of children. Justice based on the protection of children in conflict with the law and as victims is one of them by using the principle of restorative justice.
Keywords: Children, Juvenile Criminal Justice, Children\u27s Interests, Restorative JusticeChildren are very valuable assets for a nation, this makes the State must pursue various policies to protect the growth and development of the children themselves. One of the efforts made is to provide maximum protection to children in conflict with the law. Related to children who have problems with the law both as perpetrators and as victims, of course law enforcement officials should provide special space for children in criminal justice related to the punishment of children and the conditions of children who are victims so that children\u27s rights are protected. Efforts to protect the rights of children in conflict with the law, then the settlement of cases against children in conflict with the law and as victims, of course, the settlement requires all elements of both children being perpetrators, children being victims, law enforcement officials, and the community to realize a court based on the protection of children. Justice based on the protection of children in conflict with the law and as victims is one of them by using the principle of restorative justice.
Keywords: Children, Juvenile Criminal Justice, Children\u27s Interests, Restorative Justic
Initiating Non-Litigation Arbitration In Indonesia From A Restorative Justice Perspective Based On Progressive Law (Genealogical, Historical And Transformational)
Get PDFIn the development of legal systems, law is not merely a set of normative instruments but also a human-centered construct that must be interpreted through ethical and philosophical lenses. This article explores the integration of restorative justice into non-litigation arbitration as a reflection of the progressive law paradigm, which emphasizes the humanization of legal processes. Specifically, the study seeks to reconceptualize arbitration not only as a procedural mechanism but also as a transformative approach rooted in genealogical, historical, and philosophical dimensions. Employing a qualitative descriptive methodology, the research combines normative legal analysis with socio-legal perspectives. Literature and content analyses are used to trace the historical and theoretical development of both arbitration and restorative justice, with the aim of offering a framework for their convergence. This approach challenges the conventional boundary that restricts restorative justice to criminal law, extending its application to civil and commercial disputes through arbitration mechanisms. Findings suggest that integrating restorative justice into non-litigation arbitration provides a more inclusive, dialogic, and equitable path to dispute resolution. It allows for reconciliation and mutual agreement outside courtrooms, aligning with the ideals of justice as envisioned by progressive legal theorists such as Satjipto Rahardjo. This synthesis not only expands the functional scope of restorative justice but also revitalizes arbitration as a humane and socially responsive legal alternative in Indonesia
Juridical Study of the 2024 Banjarbaru Regional Head Election
Get PDFThe Direct Regional Head Election (Direct Regional Election) which will be held on November 27, 2024 is the embodiment of democratic values. The election of regional heads is an orientation of people\u27s sovereignty which is a concept of a state that uses a democratic system like Indonesia. The people as holders of State sovereignty as stated in Article 1 paragraph 2 of the 1945 Constitution that the Sovereignty is in the hands of the people and is carried out according to the Constitution. The election of Regional Heads in Indonesia is a long political journey with various dynamics that occur between the interests of the political elite and the will of the people, the interests of the central and regional and the interests of businessmen and candidate pairs. In carrying out the Regional Head Election, it is carried out by an Independent Institution, namely the General Election Commission (KPU) which is the organizer in distributing people\u27s sovereignty through Direct Regional Elections. The 2024 Regional Head Election will be held simultaneously throughout Indonesia, even though the regional elections have been completed, but some regions still have legal problems regarding the process or results of the simultaneous regional elections that have been carried out. Banjarbaru City, South Kalimantan Province is one of the areas that is the main issue of legal problems that result in alleged injustice and non-neutrality of the Banjarbaru City General Election Commission. This research is carried out by the Normative Juridical method, namely by examining the theories, concepts and legal principles and related regulations regarding the election of regional heads. From this study, it can be concluded that there have been legal problems regarding the rules for disqualification and re-printing of ballots regarding the Regional Head Election that occurred in Banjarbaru City.The Direct Regional Head Election (Direct Regional Election) which will be held on November 27, 2024 is the embodiment of democratic values. The election of regional heads is an orientation of people\u27s sovereignty which is a concept of a state that uses a democratic system like Indonesia. The people as holders of State sovereignty as stated in Article 1 paragraph 2 of the 1945 Constitution that the Sovereignty is in the hands of the people and is carried out according to the Constitution. The election of Regional Heads in Indonesia is a long political journey with various dynamics that occur between the interests of the political elite and the will of the people, the interests of the central and regional and the interests of businessmen and candidate pairs. In carrying out the Regional Head Election, it is carried out by an Independent Institution, namely the General Election Commission (KPU) which is the organizer in distributing people\u27s sovereignty through Direct Regional Elections. The 2024 Regional Head Election will be held simultaneously throughout Indonesia, even though the regional elections have been completed, but some regions still have legal problems regarding the process or results of the simultaneous regional elections that have been carried out. Banjarbaru City, South Kalimantan Province is one of the areas that is the main issue of legal problems that result in alleged injustice and non-neutrality of the Banjarbaru City General Election Commission. This research is carried out by the Normative Juridical method, namely by examining the theories, concepts and legal principles and related regulations regarding the election of regional heads. From this study, it can be concluded that there have been legal problems regarding the rules for disqualification and re-printing of ballots regarding the Regional Head Election that occurred in Banjarbaru City
Implementation of Assimilation in the Progressive Law Perspective: Toward a Humane and Beneficial Society
Get PDFThe overcapacity of correctional institutions in Indonesia has led to various complex humanitarian, legal and social problems. One of the solutions pursued by the government is the assimilation policy, which aims to reduce the capacity burden while encouraging the social reintegration of prisoners. However, the implementation of this policy is often trapped in a legalistic-formal approach that ignores aspects of substantive justice. This article examines the implementation of the assimilation policy in the perspective of progressive law, which places law as a means of social transformation, not merely a normative rule. Through normative legal research methods with statutory, conceptual, and philosophical approaches, this article finds that the progressive legal approach plays an important role in encouraging assimilation policies that are more humanist, inclusive, and just. Progressive law emphasizes the importance of rehabilitation, community participation, and protection of prisoners\u27 rights as part of the development process. In addition, concrete support is needed in the form of job training programs, psychosocial assistance, and fair and transparent supervision. By emphasizing the principles of justice, humanity and social benefit, the implementation of progressive law-based assimilation can reduce stigma against prisoners and create a more dignified correctional system. The results show that the success of the assimilation policy is greatly influenced by the synergy between an adaptive legal approach and strong social participation. In conclusion, progressive law can be an effective foundation for reforming correctional policies to be more oriented towards recovery, not just punishmen
Assessing the Urgency of Legal Certainty in the Provision of Health Services at Community Health Centers with Basic Emergency Obstetric and Neonatal Care Capacity in East Lombok Regency
Get PDFHealth facilities equipped with adequate infrastructure and competent healthcare personnel represent the most ideal setting for providing care during pregnancy, childbirth, the postpartum period, and the neonatal phase. Consequently, the availability of Community Health Centers (Puskesmas) capable of providing Basic Emergency Obstetric and Neonatal Care (PONED) is expected to contribute significantly to the reduction of maternal mortality (AKI) and infant mortality (AKB), particularly in East Lombok Regency. However, research findings indicate that the implementation of health services at Puskesmas capable of PONED in East Lombok Regency remains ineffective. Contributing factors include inadequate facilities and infrastructure, the limited number of healthcare personnel certified in PONED training, delays in updating assignment letters related to staff transfers (which affects their authority), and a lack of adequate evaluation and supervision in service delivery. Legal certainty in the implementation of health services at Puskesmas capable of PONED can be strengthened through several measures: (a) Regular evaluation and supervision of operational eligibility, formalized through official decrees; (b) Increased budget allocation for PONED training programs for healthcare workers; (c) Alignment of staff transfers with the conditions and needs of PONED-capable Puskesmas; and (d) The formulation and issuance of new regulations that provide comprehensive guidelines for health service delivery at PONED Puskesmas. These legal and operational enhancements are essential for ensuring quality and continuity in maternal and neonatal healthcare, which in turn supports broader public health goals in the region
Effectiveness of Criminal Law Enforcement against Corporations: Procedural Analysis and Mechanisms of Cross Country Criminal Justice
Get PDFCorporations as legal entities play a significant role in social, economic, and political dynamics. Alongside the increasing incidence of corporate crimes, the recognition of corporations as subjects of criminal law has become crucial. This study examines corporations as subjects of criminal law through a comparative analysis of Indonesia, the United States, and the Netherlands. The primary focus is on the differences in the concept of corporate criminal liability and the legal models applied. The research employs a normative juridical approach with a comparative study method. The findings reveal fundamental differences in the application of corporate criminal liability across the three countries, particularly regarding principles and forms of liability. The United States implements a more stringent principle of vicarious liability, the Netherlands has specific provisions in its Criminal Code (Wetboek van Strafrecht) that comprehensively accommodate corporate liability, whereas Indonesia still adopts a sectoral approach and lacks an integrated system. This study is expected to contribute to the strengthening of corporate criminal law policy in Indonesia
The Position of Non-Disclosure and Confidentiality Agreement, in Protecting Patient Privacy at a Beauty Clinic
No full textServices at beauty clinics are carried out by the professionals with expertise in the field of medical skin care and beauty. In order to promote the products and services provided, these clinics carry out promotions both through social and electronic media. Therefore, it is possible that the beauty clinics will display photos or videos of patients for promotion. This will be a problem related to the law if the patient himself does not want his information to be used in promotional tools. There are even health workers at a beauty clinic who publish the public figure without permission. In this study, professional ethics will be discussed as the basis for protecting patient privacy, the Non-disclosure Agreement and Confidentiality Agreement in the Indonesian Civil Code as well as the Non-disclosure Agreement and Confidentiality Agreement to Maintain the Confidentiality of Patient Information. Professional ethics is actually the basis for protecting patient privacy. Patient confidentiality is a part of company confidentiality where the company can make a non-disclosure agreement that applies to clinic workers and partners of the beauty clinics. Confidentiality regulated in the confidentiality agreement does not only relate to the company\u27s trade secrets but includes the confidentiality of patient information which is part of patient privacy informatio