Journal Cendekia Hukum (JCH - STIH Putri Maharaja Payakumbuh)
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PERLINDUNGAN HUKUM TERHADAP ANAK DALAM PERSPEKTIF HAK ASASI MANUSIA
Get PDFThis study aims to analyze the problem of legal protection for children in the perspective of human rights. The type of this research is socio-juridical or including descriptive research with a non-doctrinal approach, which views law as a socio-empirical symptom observed in experience. The research method used is descriptive research with the type of incorporation of normative legal research with sociological legal research related to the implementation of legal protection for children in the perspective of human rights. The results of the study show that the results of this study are the legal protection of children in the perspective of human rights in essence is an effort made by parents, government and society to fulfill and guarantee all children's rights that have been guaranteed in the convention of children's rights and laws Number 35 of 2014 concerning Child Protection. Legal protection for children in the perspective of human rights is less implemented because the government has not implemented its obligations in fulfilling children's rights so that there are still legal violations of children. The recommendation of this research is to implement legal protection for children in the perspective of human rights, parents should be fully responsible for the behavior of children and the government establishes policies that are in line with the wishes of the community, so that the common perception between parents, government and society is realized in fulfilling the rights child
PEMBERANTASAN PERDAGANGAN ORANG MELALUI INSTRUMEN HUKUM NASIONAL DAN HUKUM INTERNASIONAL DI INDONESIA
Get PDFHuman trafficking is a modern form of slavery, occurring both nationally and internationally. With the development of information technology, communication and transformation then the mode of human trade increasingly sophisticated. Human trafficking becomes one of the five greatest crimes in the world to be overcome because of the effects not only on the economic, but also on the political, cultural and humanitarian aspects. It is therefore necessary to review the forms of human trafficking, its causal factors and legal instruments that can be used to combat trafficking. Answering these problems then this research is done by normative legal research methods. The results of research show that the forms of people's engagement include sexual exploitation, force labor, domestic slavery, illegal adoption of illegitimate children, debt bondage, mail order brides, and human organs trade. The results also show that poverty, population movement, discrimination and patriarchal culture are the factors causing human trafficking. Give the dangerous nature of trafficking in persons, the state or government of Indonesia should be responsible for preventing and overcoming human trafficking with existing legal instruments
PENAFSIRAN KONSTITUSI DALAM BINGKAI HUKUM PANCASILA
Get PDFInterpretive activity is an inherent activity with law and legal science. However, during this study the science of law provides a limited place to the activities of interpretation. In fact, the science of law as a practical science in charge of guiding, directing, and controlling the practical application of rational law, should be able to offer alternative solutions to legal problems, so it should provide more space for interpretation activities. Through this research, the researcher described that the interpretation of the constitution within the scope of Pancasila law. This research was normative law research. The data used in this study comes from primary legal materials, secondary legal materials, and tertiary legal materials. The legal materials, collected through literature study, and analyzed qualitatively are then presented in the form of analytical descriptive. This study concludes that in order to realize a living constitution that is responsive to societal change, the interpretation of constitutional norms must be based on the meaning of the word and its sentence structure (grammatical), historical (historical), purpose (teleological) the other positive (systematic) laws of the law, and contextually referring to social and economic (sociological) factors with reference to fundamental (philosophical) cultural and humanitarian values (predictions) for future (futurological). The principles and content of Pancasila as a limitation or restriction in the interpretation of the constitution is a necessity for the future of Indonesia, as aspired in the Preamble to the 1945 Constitution
TINJAUAN YURIDIS TERHADAP WANPRESTASI DALAM HAL HUTANG PIUTANG
Get PDFKaselan S.Hut has lent money to Abdul Wahid bin Kosmol with the amount of money of Rp. 162,000,000. But abdul wahid bin kosmol wanprestasi until finally to the court but in the trial, the “majelis hakim” did not consider the willingness shown by abdul Wahid to pay off the debts to kaselan. The problem of the study was how the judges’s legal considerations in deciding cases Number 1372 K / PDT / 2008 and how about a way to prove the case Number 1372 K / PDT / 2008. Furthermore, the method of this journal was the type of normative research, the source data obtained from three parts of Primary Legal Material, the decision of the Supreme Court and the “Perdata" case No. 1372 K / PDT / 2008, secondary law materials from books and “hukum tersier”. From the results, its can be explained that the “majelis hakim mahkamah agung” in conducting examination of cases Number 1372 K / PDT / 2008 has been through legal procedures as defined by the law. However, in giving legal consideration in deciding the judgment only based on the validity of the agreement made by both parties, regardless of the "eksepsi" filed by the defendant, because the defendant also has good willingness and proven by the payment of the debt in several times. In reviewing the instruments of evidence the “majelis hakim mahkamah agung” only concerns for the evidence presented by the plaintiff, whereas the witness evidence presented by the defendant is not a part of assessment of the “majelis hakim”
KETERBUKAAN INFORMASI PUBLIK UNTUK MENDUKUNG KINERJA ASN YANG BERKARAKTER DAN PROPORSIONAL
No full textState civil service (ASN) resource management is an important part of state governance that aims to assist and support all human resources of state civil apparatus to realize their full potential as civil servants and citizens. One is the openness of public information described in the UU ASN and the Law on Public Information Disclosure (UU KIP). The implications of the application of the KIP Law to the public or the public are the opening of access for the public to obtain information related to the public interest. First, Information that must be provided and announced and Required Information Announced necessarily (easy to reach and easy to understand). Establishing characterized and proportional ASNs are various ways, namely: 1) State Civil Service Committee (KASN); 2) Utilizing information communication technology (ICT), which provides public information disclosure data to the public through the website; 3) Implementation of UU KIP; 4) need to be socialized both to public bodies and communities; 5) Public bodies are given space to establish, build, and develop institutional PPIDs in accordance with the characteristics of institutions of their respective public bodies; 6) The government should be able to optimize socialization and encourage public participation to be able to carry out information disclosure, as mandated by UU KIP. With these means are expected to realize the character of ASN and proportional that also amandat of UU KIP
KEDUDUKAN ORGANISASI KEMASYARAKATAN ASING DI INDONESIA DI TINJAU DARI PERATURAN PEMERINTAH NOMOR 59 TAHUN 2016
Get PDFOne of the form of applying the value of democratic in Indonesia is accommodate by the regulation of community organization which is concretely regulated in the provisions of article 28 E Paragraph 3 of the 1945 constitution also in the provisions of law number 39 of 1999 on Human Rights. The existence of community organizations does have a great constribution in the implementation of the state, but on the other hand the existence of people raises the pro and contra. The enecment of government regulation number 59 on community organization established by foreign citizens makes the community more worried if the exixtance of community organizations affect the sovereignty of NKRI because they have different ideology with Indonesia. Based on this, it should be discussed about the organizations in Indonesia. The position of foreign social organizatios in Indonesia is reviwed from the government regulation number 59 of 2016 on community organizations established by foreign citizens and the influence of basic organizations for the sovereignty of NKRI. To answer that question, qualitative method is used as a means to answer the problem by conducting of normative juridical approach which is done by reviewing the law and the literature. Based on this study, it is concluded that the existence of foreign social organizatios in Indonesia in line with democracy and human right but also politically can treaten NKRI
ANALISIS DASAR HUKUM BAHASA INDONESIA SEBAGAI BAHASA NASIONAL
Get PDFThis article was written to describe the legal analysis of the Indonesian language as a national language. Indonesian is the language of unity, national language, and national language. The Youth Pledge of the Indonesian Youth Congress on October 28, 1928 was a crystallization of Indonesian nationalism. Indonesian as one of the contents of the youth oath plays an important role for Indonesian nationalism. Indonesian language is a flourishing nationalism in our society that inhabits thousands of islands in the archipelago with various ethnic groups and languages. The language of an area is motivated by different socio-cultural and linguistic backgrounds. Based on this, language will not hamper communication between regions and between cultures, because of the national language or language to avoid misunderstanding with each other due to differences in socio-cultural and linguistic backgrounds. Language as a National language, Indonesian is a dynamic language along with the dynamics of community progress as a result of national development. In order that Indonesian language is used is always good and right, we as speakers of language are required to always be open and dynamic following the development of Indonesian. As an effort to foster Indonesian language, the community must always be positive about Indonesian and Indonesian. Fostering Indonesian language also fosters national nationalism because Indonesian is the national identity of the Indonesian people
ANALISA YURIDIS BIAYA EKSEKUSI PADA LEMBAGA PEMBIAYAAN
Get PDFThe purchase of consumer goods for the public through financial institutions can answer and be a solution for the community to have these goods, while for financing institutions this is an opportunity to develop their business, both for goods such as cars, motorbikes, furniture and also electronic goods. The community gets the convenience of payments that can be paid in installments according to their ability. The problems and dynamics that arise in this consumer financing agreement are interesting things to study so that people will understand and find solutions. The method used in this study is juridical empirical, using primary data and secondary data and then analyzed using qualitative analysis techniques. The results of the study can answer that the relationship between consumers and financing institutions or companies is the relationship of consumer financing agreements. Consumer financing agreements are always in written form where the agreement clause has been provided by a finance company, or commonly referred to as a standard agreement. With limited purchasing power
SOSIALISASI RANCANGAN UNDANG-UNDANG PASAL 485 PADA PENANGGULANGAN CYBER SEX
Get PDFThe violation of the law is: "Article 32, which reads every person who played, display, use, possess or store pornographic products as referred to in Article 6 shall be liable to a maximum imprisonment of 4 (four) years and / or a maximum fine of Rp. 2,000,000,000.00 (two billion rupiah). (Note: Article 6 of each person is prohibited from playing, displaying, exploiting, memorizing or storing pornographic products as referred to in Article 4 paragraph (1), except those authorized by law". Islamic law views any extramarital sexual relations as adultery and threatening with punishment, whether the perpetrator is married or not, done likes it or not. Our source of law Qs, 24: 2: "The woman who commits adultery and the adulterer then hail every one of them a hundred times dera. This uses the method of empirical normative legal research, which is "Explaining what it is about a legal event or legal conditions. The municipal or local government seems impressed still in determining the termination of access to pornography or cybersex including socialization of positive criminal law about the crime of single adultery such as Draft Law Article 485. And the proposed criminal law of 2 years imprisonment or fine penalty of R 50,000,000.00 (Fifty million rupiahs) for a single individual. As the law of takzir
PERLIDUNGAN HUKUM TERHADAP PELAKSANAAN KESELAMATAN DAN KESEHATAN KERJA (K3) PADA PERUSAHAAN
Get PDFLegal protection concerning Occupational Safety and Health at company, given in effort of prevention (preventive) to avoid accident and cause work-related diseases. The Importance of Occupational Safety and Health is closely related to employee performance and ultimately affects the company's performance. In this case, this study discusses: First, general understanding of Occupational Safety and Health (K3), Second, How is the protection of law regarding Occupational Safety and Health (K3) according to the laws and regulations in Indonesia. This research is a normative juridical research with secondary data collection method that is research of library (library research) in the form of primary law material, secondary law material and tertiary legal material. The results of this study explain that the safety of work on the company is included in the technical protection, where the protection of the worker in question is for workers to be safe from the harm that can be caused by work tools or materials and work health which is also intended to protect or keep workers from the events harm health and decency in doing his job. Implementation Legal protection of Occupational Safety and Health in legislation in accordance with Law No. 1 of 1970 on Occupational Safety and Law No. 13 of 2003