Journal Cendekia Hukum (JCH - STIH Putri Maharaja Payakumbuh)
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THE POLICY OF OVERCROWDING MANAGEMENT OF JAIL IN INDONESIA DURING COVID-19 PANDEMIC
Get PDFThis research is focused on the overcrowding management policy of jail capacity in Indonesia by utilizing coronavirus disease (covid-19) pandemic momentum. The method of the research is an empiric juridical law method and other related laws and regulations as the primer data confirmed with the observation. Data analysis of the research is based on descriptive analysis. Based on the research data, it might be concluded that the situation in the prisons before the covid-19 pandemic was nationally overcrowding in 102% and it occurred almost all over Indonesia. This overcrowding condition was overloaded and inhuman, moreover in the covid-19 pandemic period. It potentially transmits the disease to the prisoners and officers, thus assimilation policy had been applied by intention to release 40.026 prisoners. It decreases the overcrowding percentage to be 74%. On the other side policy restriction for particular crimes might provide more spaces in the prisons, even though it is hard to be considered effective because overcrowding is still existed
FREEDOM OF SPEECH UNDER INTERNATIONAL LAW: MYANMAR'S ANTI-COUP DEMONSTRATION VIOLENCE CASE
Get PDFThe paper aims to examine the position of international law against violence committed by the Myanmar military known as Tatmadaw, against Myanmar which held anti-coup demonstrations in Myanmar. The research used the normative legal research method, with the main source of data collection of legal material containing normative law. The results showed that Myanmar is one of the countries in Southeast Asia whose government has been dominated by the military. In early 2021, the Tatmadaw staged a coup against Myanmar's President Aung San Suu Kyi. The tragedy began in the 2020 elections, in which the National Democratic League (NLD) was elected as the majority to sit in Myanmar's parliament. However, Tatmadaw could have no election results and no coup. Burmese, who did not support a coup by Myanmar's military, made a massive dip in the streets. Tatmadaw performs violent acts for action until 2019. However, from the direction of the protesters, some protesters became victims of violence by the Tatmadaw. It reflects the restrictions on the freedom of speech of the People of Myanmar. Free speech is an important right of the People of Myanmar to be part of the good Human Rights face-to-face by international law through arbitrary ministers by the Tatmadaw. The Tatmadaw's acts of violence against Myanmar violate human rights set forth in the Universal Declaration of Human Rights (UDHR) in articles 19 and 29. In addition, freedom of speech is also governed by the International Covenant on Civil and Political Rights in article 19
THE NEW PARADIGM OF THE STATE CIVIL APPARATUS AFTER RATIFICATION OF THE STATE CIVIL SERVICES REGULATION
Get PDFThe main role and resposiblity of bureaucracy is to organize the nation and state constitusionally, it needs to be realized that the bureaucracy is a factor that determines the success or failure of a government. So far, the bureaucracy is still considered convoluted and the widespread practice of KKN (Corruption, Collusion and Nepotism; not only makes bureaucratic services access very difficult for the public, but also makes people have to pay more in terms of services and human resource who are slow in providing service. This study aims to determine how the New Paradigm of State Civil Apparatus after the ratification of the State Civil Apparatus Law. This research is qualitative descriptive study. The formation of the ASN Law is the beginning of the management of ASN which is expected to be more professional, transparent and accountable bureaucracy because ASN is a major factor in state administration. The existence of the “Merit” system and the profesionality of ASN (civil servant) support in providing excellent public services. And with the existence of KASN, it is expected to be able in managing, monitoring, and evaluating of ASN policies and management implementation
ARRANGEMENT OF AUTHORITIES AND MECHANISM FOR CANCELLATION OF VILLAGE REGULATIONS IN THE FRAMEWORK OF VILLAGE AUTONOMY IN INDONESIA
Get PDFVillage regulations are statutory regulations established by the village headman after being discussed and agreed with the Village Consultative Body. This study aims to explain the arrangement of authority and the mechanism for canceling village regulations within the framework of village autonomy in Indonesia. The method used in this research is normative legal research, using a statutory approach. Law Number 6 of 2014 concerning Villages regulates the formation of village regulations, but does not regulate the cancellation of village regulations. The cancellation of village regulations is instead regulated in Article 87 of Government Regulation Number 43 of 2014 concerning Implementing Regulations of Law Number 6 of 2014 concerning Villages, which states that village regulations and village head regulations are contrary to the public interest and/or the provisions of laws and regulations that higher is canceled by the regent/mayor. This provision is contrary to Article 9 paragraph (2) of Law Number 12 of 2011 concerning the Establishment of Legislation and is not in accordance with the village autonomy framework as regulated in Law Number 6 of 2014 concerning Villages. The mechanism for canceling village regulations should be carried out through an expanded Village Consultative Body meeting because it is considered to have a sense of justice and the spirit of democracy and is a form of implementation of village autonomy
STUDY OF CONTRACT OBJECT IN MULTI-SERVICE FINANCING USING IJARAH IN ISLAMIC BANK
Get PDFIn a case of a dispute between an islamic bank and a customer related to multi-service financing using an ijarah contract at an islamic bank, the customer is suing for the cancellation of the contract on the multi-service financing on the grounds that the object of the contract is not the object of the contract, so the contract should be null and void. However, the court decision stated that he rejected the customer's claim. This research was conducted to examine the application of sharia principles in legal considerations in court decisions regarding contract objects in multi-service financing using the ijarah contract. This research is a normative legal research using the statutory approach method. The results of this study indicate that the legal considerations in court decisions regarding the object of the contract in multi-service financing using the ijarah contract are formally correct, but materially there is still a possibility of gharar that is not in accordance with sharia principles
CRIMINAL LIABILITY FOR PERFORMERS OF THE PERSECUTION OF RELIGIOUS FIGURES IN INDONESIA
Get PDFPersecution is a crime that is against the law in which the perpetrator must be sanctioned in accordance with the actions he committed. Refers to recent phenomenon, Persecution is happening againt religious leaders in Indonesia today. This is in the public spotlight because the perpetrators of persecution of religious figures according to the assumption of the perpetrators are mentally ill. In this study, the researcher used normative legal research methods. The type of data used in this research is secondary data and tertiary data. After the data is collected, then the data is analyzed and compiled using descriptive analysis and deductively deduced from general things to specific things. The results of the study state that perpetrators of persecution of religious figures can be held by legal liability for the crime and must comply with the elements contained in the Criminal Code. Criminal liability for perpetrators of persecution of religious figures depends on the results of examinations that have been carried out by a psychiatrist, then the judge will judge whether the psychological condition experienced by the perpetrator has influenced his actions or not
COSTUMER PROTECTION AGAINST CIRCULATING OF PRODUCT WITHOUT INFROMATION ATTECMENT IN BAHASA INDONESIA
Get PDFBased on Article 8 Paragraph (1) Letter j Law Number 8 of 1999 concerning on Consumer Protection, it states that business agents are prohibited to produce and / or trading goods and / or services for do not provide the information and / or instructions for using the goods in Indonesian. This research aims to explain of the legal protection of consumers for the distribution of food and beverage products that do not include the information of the product in Bahasa in Bengkalis Regency based on the legislation of Indonesia Number 8 of 1999 about the regulation of Consumer Protection. The method used in this research is socio-legal research. The results of the research explains that the legal protection of consumers for the distribution of food and beverage products for do not include information in Bahasa in Bengkalis Regency has not been implemented verywell; because circulating of food and beverage products in Bengkalis Regency have distributed to local market places without providing product’s information in Bahasa. The legal consequences for consumers for the circulation of food and beverage products without providing product’s information in Bahasa can be detrimental for consumers because consumers can not find information about these food and beverage products as well as the contents and the ingridiances of the product , including whether or not such food and beverages are dangerous
ULTIMUM REMEDIUM PRINCIPLES IN CRIMINAL DECISIONS IN CREATING RESTORATIVE JUSTICE
Get PDFPrinciples are the heart of law, where their application becomes a form of awareness for judges in making decisions. The concept of this study analyzes the extent to which the ultimum remedium principle becomes the basic principle of judges to remove children from prison. Because the ultimate goal of achieving this principle is to encourage resolution of the problem by involving perpetrators, victims, and other parties in seeking a just solution by emphasizing recovery back to its original state. The form of this research is a normative juridical study with a descriptive analytical approach, which takes a sample of 7 (seven) verdicts in child criminal cases in 2 (two) jurisdictions, namely the Medan District Court and the Stabat District Court. In the conclusion of the results formulating the provisions of Law no. 11 of 2012 becomes a form of certainty to make it easier for judges to make the best decisions for children as the principle of ultimum remedium principle, although there are still some judges acting based on the theory of retaliation when concluding responsibility for children's mistakes
THE EXISTENCE OF TRADITIONAL LAW REVIEWING FROM PANCASILA VALUES IN THE DEVELOPMENT OF NATIONAL LAW
Get PDFThe purpose of this study is to examine the existence of customary law in terms of Pancasila values in the development of national law and what factors influence the existence of customary law in terms of Pancasila values in the development of national law. The research method used is normative juridical. The Indonesian people have succeeded in carrying out legal reforms to the constitution. Legal reform must continue with the formation and renewal of laws replacing Dutch legacy laws. Having its own laws for the Indonesian people can reveal national identity. Legal development simply implies efforts to make improvements from unfavorable conditions to better ones. According to this understanding, development can be meaningful with renewal. Reform is an effort to reorient and reform something that will be pursued through policy. The development of national law is the process of building a legal system and its instruments. The development of national law must be able to replace all Dutch Colonial product laws replaced with their own product laws. Legal development cannot be separated from legal politics, because it is a direction in making and enforcing laws in order to achieve national goals and objectives. Law as mentioned in the Oxford English Dictionary is a collection of rules either as a result of formal legislation or custom, in which a certain state or society claims to be bound as members or as subjects. Law is a behavioral control system (ethical control). The legal form is a norm which is the product of a center of power that has the authority to create and apply the law. Law as a unidirectional control system carried out by a central organ that has power. Unidirectional control implies that control only takes place from a certain organ that is given the capacity and function for it. Unidirectional control is also automatic-mechanical that guides behavior
TRANSFER OF ULAYAT LAND OWNERSHIP RIGHTS ACCORDING TO LEGISLATION AND REGULATIONS IN INDONESIA
Get PDFUlayat land is a land with the members of the customary law community. This study aims to explain the transfer of customary land ownership rights according to the laws and regulations in Indonesia. The method used in this research is normative legal research, using a statutory approach. The results of the study explain that the recognition of ulayat rights is stipulated in the constitution of the State of Indonesia, namely Article 18B of the 1945 Constitution of the Republic of Indonesia admitts and reverences the customary community units and their traditional rights as long as they are alive and in accordance with with the development of society and the principles of the Unitary State of the Republic of Indonesia. Furthermore, Article 28 paragraph (3) of the 1945 Constitution of the Republic of Indonesia states that traditional cultural and community identities are respected in line with the development of times and civilizations. In the concept of national land law, there are three entities related to land status, namely state land, private land, and customary land, but in the concept of national forest law, only two forest statuses are recognized, namely state forest and private forest. In the concept of land acquisition for the public interest, indigenous peoples are not given the freedom to make decisions on development programs and investments made by the government on ulayat lands, for example toll road construction projects