Journal Cendekia Hukum (JCH - STIH Putri Maharaja Payakumbuh)
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LEGAL ANALYSIS OF LOCAL GOVERNMENT SUPPORT IN THE DISTRIBUTION OF PARTICIPANTS RECEIVING CONTRIBUTION ASSISTANCE TO PRIVATE PRIMARY HEALTH CARE FACILITIES
Full text linkAbstract Local governments play a crucial role in managing the National Health Insurance (Jaminan Kesehatan Nasional, JKN). Despite various advancements achieved, issues surrounding the uneven distribution of Participants Receiving Premium Assistance (Penerima Bantuan Iuran, PBI) persist and fail to meet the principles of justice. This situation also threatens the rights of JKN participants. The objective of this research is to evaluate the support provided by local governments to the JKN program. The research methodology employs a juridical normative approach. Research findings reveal an agreement that all PBI participants must be registered with Community Health Centers (Puskesmas), resulting in limited freedom for PBI participants, including those who are impoverished and underprivileged, to select healthcare facilities in accordance with the provisions of the Health Law. Legally, local government support for the JKN program is explicitly stated in the Health Insurance Law (Undang-Undang BPJS) and Government Regulation Number 82 of 2018. However, the distribution of PBI participants is still not fully implemented. AbstrakPemerintah daerah memiliki peran yang sangat penting dalam mengelola Jaminan Kesehatan Nasional (JKN). Meskipun telah dicapai berbagai kemajuan, permasalahan dalam distribusi peserta Penerima Bantuan Iuran (PBI) yang belum merata dan belum memenuhi prinsip keadilan tetap menjadi isu yang perlu diatasi. Situasi ini juga mengancam hak-hak peserta JKN. Tujuan dari penelitian ini adalah untuk mengevaluasi dukungan yang diberikan oleh pemerintah daerah terhadap program JKN. Metodologi penelitian menggunakan pendekatan yuridis normatif. Hasil penelitian menunjukkan bahwa telah ada kesepakatan bahwa seluruh peserta PBI wajib didaftarkan di Puskesmas, yang pada gilirannya mengakibatkan peserta PBI, termasuk mereka yang berstatus miskin dan tidak mampu, tidak memiliki kebebasan untuk memilih fasilitas kesehatan sesuai dengan ketentuan dalam Undang-Undang Kesehatan. Dari segi hukum, dukungan pemerintah daerah terhadap program JKN jelas tertera dalam Undang-Undang BPJS dan Peraturan Pemerintah Nomor 82 Tahun 2018. Namun, distribusi peserta PBI masih belum sepenuhnya terlaksana.
JURIDICIAL IMPLICATIONS OF THE CONSTITUTIONAL COURT DECISION NUMBER 90/PUU-XXI/2023 IN THE PERSPECTIVE OF LEGAL SOCIOLOGY
Full text linkThis study aims to examine the juridical implications of Constitutional Court Decision Number 90/PUU-XXI/2023 from the perspective of Legal Sociology. The issue of the obstruction of democracy due to conflicts of interest, aimed at maintaining political dynasties that indirectly reflect the practice of nepotism surrounds the decision, especially with the difference of opinion among the judges. This research is qualitative in nature and uses normative legal research methods, that rely on secondary data in the form of research results or journals. The results show that the Constitutional Court Decision No. 90/PUU-XXI/2023 which contains amendments to Law No. 17/2017 Article 169 letter q, which regulates the age limit for candidacy for president and vice president does not have a formal defect and does not conflict with the Judicial Power Law. However, this decision caused controversy because of the family relationship between the Chief Justice of the Constitutional Court and his nephew. From the perspective of legal sociology, the decision can be seen as a deviation from the principle of judicial independence that has the potential to create conflicts of interest and reduce public trust in the judicial system. In addition, this decision also exacerbates social inequality caused by political dynasties that utilize the law as a tool to maintain political dominance. The stifling of democracy is reflected in the limited public access to political processes and legal decisions, as well as the practice of nepotism that raises concerns about the logical consistency of decisions made quickly. Disagreements among judges, through dissenting and concurring opinions, indicate different values in interpreting the law
CONSUMER PROTECTION: THE PHENOMENON OF CONSIDERATION SERVICES FOR PURCHASE OF GOODS
Full text linkThe urgency of this research is to understand the unique impact of each legal action, enabling the improvement of the legal system and for the sake of legal justice. The analysis of legal relationships in the sale and purchase agreement of online entrustment services is important to identify the rights and obligations of each party, so as to ensure consumer protection, and serve as a basis for measuring the success of the e-commerce regulatory system. The purpose of this research is to analyze legal protection for consumers and detect the laws used by the parties in online goods purchase and sale agreements. This research uses empirical legal research methods. The results show that the legal protection of consumers in the sale and purchase agreement of online entrustment services is entitled to compensation and replacement if the goods received are not in accordance with the agreement. Personal shopper business actors have provided legal protection with the fulfillment of consumer rights. The legal relationship that occurs in the business of buying and selling services can be categorized as buying and selling because the essential elements are fulfilled, namely the agreement on goods and prices. The research aims to ensure that concrete action is taken, so far there are very few legal rules that specifically discuss personal shopper agreements, this is held in order to guarantee the rights and obligations and protection. For business actors, buying and selling services should in writing contain the obligations and rights of each, including the mechanism in the sale and purchase agreement and the responsibilities of personal shopper business actors
SOCIO-LEGAL ANALYSIS OF INDUSTRIAL RELATIONS DISPUTE RESOLUTION DUE TO MASS EMPLOYMENT TERMINATION
Full text linkThe closure of five companies in Central Bangka Regency in May 2024 has resulted in mass layoffs of 675 workers. This fact reflects the social and legal reality (dass sein), which shows the weak protection of workers in a corporate crisis triggered by the Attorney General's Office's policy of blocking company accounts to enforce the tin trade law. On the other hand, this condition emphasizes the importance of a fair and crisis-adaptive mechanism for protecting and resolving industrial relations disputes (dass sollen). This study uses a socio-legal approach to evaluate local government interventions' effectiveness in dealing with the' impact of layoffs, including facilitating the disbursement of Old Age Security (JHT) through BPJS Ketenagakerjaan. However, these efforts are still temporary and have not touched on the long-term needs of affected workers. This study highlights the importance of holistic law enforcement, considering cross-sectoral impacts, and encouraging maximising the Job Loss Guarantee (JKP) program and job training as short-term solutions. These findings are expected to contribute to the development of an industrial relations dispute resolution model that is more responsive to the socio-economic context in Central Bangka
CORPORATE CRIMINAL LIABILITY: AN ANALYSIS OF CORPORATE CRIME PERPETRATORS UNDER POSITIVE LAW IN INDONESIA
Full text linkThis research discusses corporate criminal liability in Indonesia regarding corporate crime perpetrators in positive law. The economic interdependence between nations has increased the need for legal rules related to international trade and business. Corporate crimes have significant negative impacts on society and the environment. This research aims to analyze how corporate criminal liability is established based on positive laws in Indonesia regarding corporate crime perpetrators. This research employs a normative juridical approach, utilizing literature studies encompassing various sources such as books, online media, dissertations, and other relevant literature. The discussion encompasses the concept of corporate accountability in criminal acts and debates about who can be held accountable, the corporate entity or its executives. The results of this research serve as a basis for evaluating and improving the existing legal framework and contribute to developing more effective policies in addressing corporate crimes in Indonesia. The regulations regarding criminal liability for corporate crime perpetrators in Indonesia currently lack clear provisions and are scattered across multiple legislations. Therefore, a new Criminal Code should be promptly enacted to avoid legal loopholes in enforcing corporate criminal acts
CONTEXTUALIZATION OF GAMBLING IN THE TRADITION OF CHINESE SOCIETY IN BANGKA
Full text linkThis study analyses the gambling tradition in the Chinese community in Bangka using a socio-legal approach to understand the implementation of Article 303 of the Criminal Code (KUHP). The gambling tradition in Chinese culture is often not only viewed as an economic activity but also as part of a social ritual involving specific cultural values. This study focuses on three main aspects: first, a historical and cultural exploration of the background of the gambling tradition in the Chinese community in Bangka; second, a legal review of the implementation of Article 303 of the Criminal Code which regulates gambling in the local context; and third, an analysis of how harmonization between positive legal norms and local cultural norms can be achieved in enforcing gambling-related laws. This text research applies a qualitative method with a descriptive-analytical approach involving interviews, literature reviews, and legal document analysis. The results of the study indicate that the repressive approach in the implementation of Article 303 of the Criminal Code often does not fully pay attention to the local cultural context, so the Restorative Justice Framework for Cultural Integration method is needed as an alternative solution in resolving conflicts between legal and cultural norms
SYNCHRONIZATION OF CUSTOMARY LAW AND NATIONAL LAW: THE PERSPECTIVE OF THE NORTH TORAJA PEOPLE
Full text linkCustomary law has become an important part of the life of the people of North Toraja, its existence in solving social problems that occur is evidence that its role is very strategic. This research aims to understand how the people of North Toraja view and adapt customary law in the context of national law. Along with the challenges of globalization and social change, a deep understanding of the synchronization of these laws is very important. In this study, researchers used a case study research method with an explanatory research approach. The subjects in this study amounted to 3 (three) people consisting of traditional leaders, community leaders and local government. Based on the results of this study, it shows that synchronization between customary law and national law in North Toraja is a strategic step to create a more comprehensive and effective legal system for the needs of society. By integrating local values into the national legal framework, it is expected to build a harmonious and respectful society between tradition and modernity. The synchronization of customary law and national law in North Toraja shows that the integration of these two legal systems is essential to create justice and sustainability in society
CRIMINAL DEFAMATION ASSOCIATED WITH CYBERBULLYING ASPECTS IN TERMS OF JUSTICE FOR VICTIMS
Full text linkCyberbullying is a form of defamation in which the perpetrator disseminates information or statements that demean the victim through digital media. This act of defamation is regulated in the Criminal Code (KUHP) and Law Number 11/2008 on Electronic Information and Transactions (UU ITE). This research examines a case with decision number 127/Pid. In Sus/2017/PN Lsm, Sabri Ismail Bin Ismail was convicted of defaming someone on social media. The defendant was convicted of knowingly disseminating electronic information containing insulting and defamatory comments. This study aims to analyze the legal basis used by the judge in handing down the verdict and see the application of the ITE Law in defamation cases through social media. Using a normative legal framework and doctrinal research methodology, this research focuses on the legal principles and doctrines used in the decision. The specification of this research is in the form of descriptive documents, aiming to provide a comprehensive description of the Judge's decision in a case of defamation through digital media and clarify the legal limitations related to defamation in the digital era
THE EXISTENCE OF CUSTOMARY LAND OF THE KAUM AS COMMUNAL PROPERTY RIGHTS POST-CERTIFICATION IN LIMA PULUH KOTA REGENCY
No full textThis research is motivated by the fact that the existence of land is essential for human life; the land is not only understood as an economic resource, a place to live, and a place for the grave, but it is also something sacred, especially for the Minangkabau people, especially communal land which is considered to have magical religious value. The existence of communal land as communal property, especially in Fifty Regency Cities, is decreasing daily. Both in terms of quality and quantity, in terms of quality, with the certification of these people's customary rights, in the perspective of Minangkabau customary law, the quality will decrease because it will be easily transferred or switched to other parties, either by purchasing and selling or used as collateral at the bank. Regarding quantity, the certification of customary rights will make the land of high value and easy to buy and sell or transfer to other parties. Besides, Minangkabau customary law prohibits buying and selling of customary land; this is stated in the old custom saying or kato adat, "Jua indak makan bali, gadai indak dimakan sando," which means that customary land cannot be bought and sold. Its ownership is transferred to parties outside the legal community association
THE ROLE OF CRIMINAL LAW IN MAINTAINING PUBLIC ORDER: A STUDY OF HOMELESS PEOPLE AND BEGGARS
Full text linkThis research discusses the application of criminal sanctions against vagrants and beggars inGorontalo City based on the provisions of Articles 504 and 505 of the Criminal Code and otherrelated regulations. The phenomenon of the increasing number of vagrants and beggars in the cityposes challenges in law enforcement, especially in terms of the effectiveness of the implementationof criminal sanctions and the socio-economic obstacles behind it. This study aims to analyze theimplementation of criminal provisions against homeless people and beggars and identify factorsthat hinder their enforcement. This research uses a qualitative method with an empirical legalapproach, which is obtained through a literature study and interviews with relevant agencies. Theresults show that the application of criminal sanctions has not been running optimally due to weakinter-agency coordination, the absence of specific regional regulations, and cultural factors of thecommunity that still tolerate the practice of begging. Therefore, an integrated legal approach isneeded to create a more just and sustainable repressive, preventive, and rehabilitative solution