Jurnal IUS (Kajian Hukum dan Keadilan)
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Maximum Limitation of Fines for Economic Crimes In Law Number 1 of 2023
Full text linkCriminal law provisions in the colonial-era Criminal Code are no longer competent to uphold society’s sense of justice due to the emergence of more sophisticated crimes with a variety of modus operandi. By approving Law Number 1 of 2023 on the Criminal Code, the first steps toward reforming the criminal code were taken. One of the recently established law reforms has to do with the criminal justice system. In this study, the punishment scheme in Law Number 1 of 2023 will be identified and analyzed, as well as the effects of the law’s provision for maximum criminal sentences for economic offenses. This article’s study was conducted using a normative legal research methodology that included statutory, conceptual, and case-based approaches. The study’s findings demonstrate that Law Number 1 of 2023 offers minimal and maximum protections against criminal risks, among them economic crimes. If the loss resulting from the offense exceeds the maximum fine that may be imposed, this rule may result in unfairness, especially for the victim. Additionally, because judges are not allowed to impose sentences that exceed the predetermined guidelines, the maximum punishment cap may lessen the deterrent effect on criminals.
Implementasi Pengembangan Kompetensi Aparatur Sipil Negara Dalam Rangka Pemenuhan Hak Pegawai Negeri Sipil Di Provinsi Sumatera Barat
No full textThis study aims to know the implementation of competency development for Civil Servants (PNS) in West Sumatra. As an element of the state apparatus, civil servants have the right to participate in the development so that their competence in providing public services can possibly be carried out in a professional and qualified manner. The results of this study are expected to contribute to local government policies in managing the ASN. Based on Article 70 of Law Number 5 of 2014 concerning State Civil Apparatus (UU ASN) which states that every ASN employee has the right and opportunity to develop their competency, each Government Agency is required to prepare an annual competency development plan that is included in the annual work plan of the respective agency's budget. This can have an impact on the competence of less effective personnel, causing their responsibilities to be carried out inefficiently and negatively impacting the quality of public services. The issues in this study: 1. How is the management of civil servants in West Sumatra Province? 2. How is the competency development of civil servants in West Sumatra Province implemented? The research method used is a sociological juridical (empirical) approach. This research is descriptive and analytical. The data are collected through interviews and document studies. This research aligns with the strategic research plan set by Andalas University for 2020 – 2024, which is focused on the issue of political and social law. The results of the study show that the management of PNS in West Sumatra Province has not been based on a comparison of the competencies and qualifications required by positions with the competencies and qualifications held by the PNS, owing to the merit system’s ineffective implementation in PNS management. Implementation of PNS Competency Development in West Sumatra Province, from the data obtained, only 1,168 out of 18,614 civil servants in West Sumatra Province participated in PNS competency development, and the annual competency development plan document was not prepared, this shows that it is still not optimal and the implementation is not yet appropriate between civil servant competency development and applicable regulations.Penelitian ini ingin mengetahui pelaksanaan pengembangan kompetensi bagi Pegawai Negeri Sipil (PNS) di Sumatera Barat. sebagai unsur aparatur negara, PNS mempunyai hak untuk mengikuti pengembangan agar kompetensinya dalam memberikan pelayanan publik dapat dilakukan dengan profesional dan berkualitas. Hasil penelitian ini diharapkan memberikan kontribusi terhadap kebijakan Pemerintah Daerah dalam mengelola manajemen ASN. Berdasarkan Pasal 70 Undang-Undang Nomor 5 Tahun 2014 tentang Aparatur Sipil Negara (UU ASN) bahwa Setiap pegawai ASN memiliki hak dan kesempatan untuk pengembangan kompetensi, pengembangan kompetensi setiap Instansi Pemerintah wajib menyusun rencana pengembangan kompetensi tahunan yang tertuang dalam rencana kerja anggaran tahunan instansi masing- masing. Permasalahan dalam penelitian ini: 1.Bagaimana pengelolaan manajemen PNS di Provinsi Sumatera Barat? 2. Bagaimana implemantasi pengembangan kompetensi PNS Provinsi Sumatera Barat?. Metode penelitian yang digunakan adalah pendekatan yuridis sosiologis (Empiris). Penelitian ini bersifat deskriptif analitis. Teknik pengumpulan data yaitu wawancara dan studi dokumen. Penelitian ini sejalan dengan rencana strategis penelitian yang ditetapkan oleh Universitas Andalas Tahun 2020 – 2024 yakni berkaitan dengan tema Hukum politik dan sosial masyarakat. Hasil penelitian menunjukkan bahwa pengelolaan manajemen PNS di Provinsi Sumatera Barat selama ini masih ditemukan belum berdasarkan pada perbandingan antara kompetensi dan kualifikasi yang diperlukan oleh jabatan dengan kompetensi dan kualifikasi yang dimiliki PNS hal ini disebabkan karena belum optimalnya pelaksanaan sistem merit dalam pengelolaan manajemen PNS. Implemantasi Pengembangan Kompetensi PNS di Provinsi Sumatera Barat dari data yang di dapatkan hanya 1.168 orang dari 18.614 orang PNS di Provinsi Sumatera Barat yang mengikuti pengembangan kompetensi PNS dan juga tidak di buatnya dokumen rencana pengembangan kompetensi tahunan, hal ini menunjukkan masih belum optimalnya dan belum sesuainya pelaksanaan pengembangan kompetensi PNS dengan peraturan yang berlaku, hal ini disebabkan karena adanya beberapa kendala atau hambatan dalam pelaksanaanya
The Law Enforcement Related to Cyber Crime by Involving the Role of the Cyber Patrol Society in Achieving Justice
No full textThis Cyber crime is a crime that is growing massively in Indonesia. In response to this, a cyber police was formed which has the task of maintaining order and obeying the law in society in the digital world. This research aims to initiate a cyber patrol system by prioritizing community participation (cyber patrol society) in realizing justice. This research is normative legal research with a conceptual and statutory approach. The research results confirm that the urgency of reforming the cyber police by involving community participation is intended to minimize abuse of power from the cyber police, especially those that can disturb people's privacy when carrying out activities in cyberspace or the digital world. Efforts to formulate a cyber patrol society in realizing justice for people who are active in the digital world need to be done by involving the community to participate in law enforcement in the digital world. Viewed from the aspect of justice, community participation is needed to ensure that cyber police do not arbitrarily occur when enforcing the law in the digital world. Apart from that, community participation in the cyber patrol system is needed so that there is a preemptive, preventive and educational approach so that public legal awareness when carrying out activities in the digital world can be achieve
The Awareness of Millennial Generation Towards Halal-Certified Products: An Empirical Study Potentially Influencing Policy-Making
Full text linkIn addition to understanding the implementation of Law No. 30 of 2014 concerning Halal Product Assurance, this study also aims to ascertain the level of awareness among the millennial generation in Kota Mataram regarding halal-certified products and the influencing factors such as religious beliefs, exposure, and health motivations. Furthermore, the findings of this study are expected to provide insights for stakeholders in formulating more effective halal policies. The data for this research were collected from both secondary and primary sources. The primary data were obtained through the distribution of questionnaires to a sample of 152 respondents, and the data were analyzed using descriptive statistics. The results of this study indicate that the implementation of the aforementioned law is progressing adequately, albeit with some challenges. It was observed that the awareness of millennial generation in Kota Mataram towards halal-certified products is high, reaching 82%. However, there is a tendency for respondents to be uncertain about conducting pre-purchase checks on the halal status of products. The millennial generation in Kota Mataram exhibits a strong religious inclination, as evidenced by a religious belief score of 92%. Nonetheless, there appears to be a propensity for them to allocate insufficient time to enhance their understanding of religious matters. Furthermore, the millennial generation in Kota Mataram demonstrates a notable exposure (66%) to halal-certified products, although there seems to be a lack of consistent updates regarding information on products that are halal-certified. Lastly, concerning the association of health reasons with halal-certified products, an 81% response rate was recorded. However, it is evident that the millennial generation in Kota Mataram is somewhat hesitant to fully embrace the notion that halal-certified products guarantee health benefits and disease prevention.
Human Rights And Freedoms Under The Conditions of Martial State: Legal Regulation, Directions of Improvement
Full text linkThe crisis in Ukraine, sparked by Russia's intervention in March 2014 and culminating in February 2022, has had a profound impact on human rights not only in Ukraine but also in European Union member nations. It is substantiated that human rights are an effective tool for limiting public power, which prevents its arbitrary action. This attribute makes human rights a distinguishing feature of a democratic state-legal regime, as opposed to authoritarian and totalitarian regimes, which do not accept the natural nature of these rights and identify them with their own will. Protecting human rights under martial law is extremely difficult. The difficulty lies in the fact that protecting human rights under martial law is not an easy task. Therefore, the development of mechanisms for the protection of human rights is a key step in ensuring justice, the development of democracy, and the development of mechanisms for the protection of human rights is particularly important for ensuring justice, the development of democracy and the restoration of peace in our country. A legitimate state must protect people's and citizens' rights and liberties. Even during conflict in a democratic state, it is difficult to abdicate the responsibility to protect human rights. Given the basic nature of this issue, it is vital to control it on a constitutional and legal level. According to Article 3 of the Constitution of Ukraine, the state has an obligation to ensure human rights, which determines the direction of its activity and functional orientation. The state is responsible for the realization and affirmation of human rights. Therefore, martial law cannot be used to waive the obligation to ensure human rights. The Constitution of Ukraine also contains provisions that determine the specifics of the implementation of individual human rights in the conditions of martial law
ISPO Policy on Palm Oil Industry and Biodiesel Development in North Aceh
Full text linkThe total area of oil palm plantations in Aceh Utara Regency is 33,781.64 hectares, managed and operated by 11 oil palm plantation companies. In accordance with the Regulation of the Minister of Agriculture Number 11/Permentan/Ot.140/3/2015 regarding the Indonesian Sustainable Palm Oil Certification System (ISPO), the Government of Aceh Utara Regency has formulated a vision for the palm oil industry within its jurisdiction. This vision is centered around sustainability and its influence on the growth of the biodiesel sector in Aceh Utara Regency. To achieve this, the government encourages the palm oil industry to adopt ISPO certification. This research aims to analyze and describe the challenges, roles, and initiatives undertaken by the Government in Aceh Utara Regency to promote ISPO certification within the palm oil industry. The research employs an empirical juridical approach, encompassing the identification of research subjects, a statutory analysis, and horizontal and vertical synchronization methodologies to address the implementation of ISPO certification. The results of study reveal that the Government of Aceh Utara Regency has actively motivated palm oil plantation entrepreneurs to swiftly pursue ISPO certification. The government has established a dedicated team and allocated funds to expedite the implementation of ISPO.Lahan perkebunan kelapa sawit dalam wilayah Kabupaten Aceh Utara luasnya mencapai 33,781.64 hektar yang dikelola dan dikerjakan oleh 11 perusahaan perkebunan kelapa sawit. Berdasarkan Peraturan Menteri Pertanian Nomor 11/Permentan/Ot.140/3/2015 tentang Sistem Sertifikasi Kelapa Sawit Berkelanjutan Indonesia (Indonesian Sustainable Palm Oil Certification System (ISPO), maka sejak saat itu Pemerintah Kabupaten Aceh Utara membangun konsep pembangunan industri kelapa sawit di wilayahnya yang berorientasi sustainability dan pengaruhnya terhadap pengembangan industri biodiesel di Aceh Utara dengan mendorong industri kelapa sawit untuk melakukan sertifikasi ISPO. Namun dalam realitasnya terdapat hambata-hambatan bagi industi kelapa dalam proses ISPO. Tujuan Penelitian ini untuk menganalisis dan menjelaskan hambatan, serta peran dan upaya pemkab Aceh Utara dalam mendorong ISPO pada industri kelapa sawit. Metode pendekatan yang digunakan dalam penelitian ini adalah yuridis empiris dengan tiga pendekatan yaitu pendekatan identifikasi objek penelitian, pendekatan peraturan perundang-undangan (Statute Approach), dan pendekatan taraf sinkronisasi horizontal dan vertikal dan ialah untuk menampilkan kenyataan. Hasil penelitian ini ditemukan bahwa, Pemda Kabupaten Aceh Utara telah memotifasi pengusaha disektor perkebunan kelapa sawit untuk segera melaksanakan sertifikasi ISPO. Namun dalam realitasnya terdapat hambatan yang disebabkan oleh rendahnya kesadaran pengusaha perkebunan sawit dalam menjalankan sertifikasi ISPO. Pemda Aceh Utara telah membentuk tim percepatan implementasi ISPO dan menyiapkan dananya. Tim peneliti melihat pentingnya dibangun kesepahaman antara pemerintah daerah dengan pelaku usaha disektor kelapa sawit dalam mewujudkan pembangunan perkebunan sawit berkelanjutan dengan konsep sertifikasi ISPO
Strengthening The Relationality of Heteronomous and Autonomous Legal Rules in Workers’ Decent Wage Law Policies (An Attempt to Create a Dignified Tripatrid Ecosystem)
Full text linkThe Job Creation Act (Ciptaker) protects the interests of employers (corporations) by omitting the heterogeneous Legal terms that are integrated (coherent) into the State and the workers expect to provide protection for workers in the context of determining and providing decent wages for workers. These legal circumstances demonstrate that, under the Job Creation Act, the application of autonomous legal norms predominates over the application of heteronomous legal principles. Such a situation affects the obscure presence of the State in providing decent employment for workers and upsets the tripartite ecosystem. It is employed to restore the degradation of the quality of the relationship between the two parties within the Job Creation Act. Therefore, it is necessary to make legal reconstruction efforts related to matters associated with the determination and payment of wages for workers in the Job Creation Act that emerge uncertainty and injustice for workers, to produce a formulation of a decent and fair wage legal policy to establish a relationship between the state, workers, and decent employers (Tripart ides). This research uses normative legal research methods, the type of research used in juridical normative research is descriptive. As for the approaches used in this research, there are several methods found in normative law research, among others: conceptual approaches, and philosophical approaches.
 
The Concept of A Perfect BUMDES Law Entity After Law No. 11/2020 on Working Creation in The Role of Increasing Village Income
Full text linkBUMdes is a productive forum in encouraging the empowerment of economic potential in the village, in addition to its existence will be able to open up employment opportunities. This indicates that good management construction is also needed, a construction that supports efficiency so that the principle of independence in village development is realized. The priority of BUMdes is on economic benefits, in addition to social benefits, but the legal aspect must be a foothold. Not merely pursuing benefits just because of the new spirit. However, it is necessary to know the rules to understand the construction as well as the alternatives in it. Regulatory incompleteness (norm ambiguity), namely that based on Government Regulation Number 11 of 2021 concerning Village-Owned Enterprises, BUMdes is in the form of a legal entity, which in its explanation cannot be equated with PT and Cooperatives, while in terms of regulation, business entities can take the form of PT legal entities (Law Number 40 of 2007 concerning Limited Liability Companies). The purpose of this study is to analyze the BUMdes institutional model as a legal entity in Indonesia to increase village income. The method used in this research is normative legal research with statutory, conceptual, and philosophical approaches. The results of the study confirm that BUMdes has a goal as stated in the definition of BUMdes that BUMdes not only aims to increase Village PAD but also must prosper the Village Community itself so that the Legal Entity Form of BUMdes after work creation must be regulated so that it aims directly at the welfare of the village community
The Fulfillment of The Clarity Principle Towards the Formulation Arrangement in The Recognition of Statutory Bodies Within the Limited Liability Company
Full text linkFor a legal entity, legality is the most important element, because it indicates a state of legality or legitimacy so that it is recognized by law and society as a legal subject. Limited Liability Company, requires a special establishment procedure to legalize legal entity status, as stated in Article 109 number 2 Law Number 6 of 2023 concerning Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation to become Law which has changed the arrangements regarding the establishment of a Limited Liability Company which was previously regulated in Article 7 of the Law Number 40 of 2007 concerning Limited Liability Companies. After the amendment, the arrangement regarding the acquisition of Limited Liability Company legal status is “after being registered with the Minister and obtaining proof of registration”. The Research Team sees a legal issue, namely whether changing the arrangement meets the principle of clarity of formulation as stipulated in Article 5 letter f of Law Number 12 of 2011 Concerning the Establishment of Legislation. Furthermore, the Research Team also analyzed the proper legal reconstruction in the regulation regarding the acquisition of Limited Liability Company Legal Entity status, so that the principle of clarity of formulation was fulfilled as one of the principles for the Formation of good Legislation. This research is a type of normative juridical research using statutory and conceptual approaches. Based on the analysis of the Research Team, the arrangement regarding the time of acquiring the legal status of a Limited Liability Company does not meet the clarity principle of the formulation. While the proper legal reconstruction is to provide a formulation that uses a choice of words or terms, as well as the clarity of legal language in which understandable so that it minimizes the excessive interpretations in its implementation
The Progressive Legal Perspective of Legal Justice in Customary Dispute Resolution Related to Natural Resources
Full text linkThe absence of special arrangements regarding customary law has the potential to cause inferiority in the position of customary law compared to the substance of national law in customary disputes relating to natural resources. This study seeks to analyze and formulate the idea of resolving customary disputes over the management of natural resources in a progressive legal perspective to achieve justice. The results of the study confirmed that the problems of customary disputes related to the management of natural resources, especially those that occurred in the territories of indigenous peoples, made the position of customary law weaker compared to national law. This happens because regulations regarding indigenous peoples have not been ratified. Legal efforts to settle natural resource customary disputes to achieve justice in a progressive legal perspective need to be regulated through the establishment of a Perppu (Government Regulation in Lieu of Law) to facilitate the position of customary law in resolving customary disputes in the field of natural resource management. In the Perppu, it is hoped that there will be confirmation regarding the enactment of the conception of legal pluralism so that customary law has an equal position with national law in customary disputes over natural resource management