Portal Jurnal Universitas Islam Sultan Agung (UNISSULA)
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FORMULATION OF PROSECUTION OF CORRUPTION CRIMINAL ACTS BASED ON JUSTICE VALUES
Get PDFThe implementation of the authority of the public prosecutor's criminal prosecution in handling non-corruption cases tends to be low, does not have a clear benchmark and the range of punishment for corruption crimes in the Corruption Law is wide. So that there is potential for abuse of authority in handling corruption crimes. The purpose of this study is to determine the prosecution of perpetrators of corruption crimes; analyze the basis for the public prosecutor's considerations in determining the severity of criminal charges against defendants in corruption cases; analyze the formulation of prosecution of perpetrators of corruption crimes based on the value of Justice in the future. The approach method used in this study is the normative legal method. The results of this study are (1) The current regulation of corruption crimes in Indonesia has been regulated through Law Number 31 of 1999 in conjunction with Law Number 20 of 2001, which stipulates corruption as an extraordinary crime with a law enforcement approach involving various institutions such as the Prosecutor's Office, Police, and KPK. Although law enforcement efforts have been carried out through investigation, inquiry, and prosecution mechanisms, the effectiveness of this regulation still faces challenges such as disparity in sentences, high costs of handling small corruption cases, and weaknesses in proving state losses. (2) The basis for consideration by the Public Prosecutor in determining the severity of the criminal charges against defendants in corruption cases includes aspects of legal certainty, justice, and benefit, as regulated in the law, the Attorney General's Circular, and legal principles. These considerations include the extent of state losses, the impact of corruption on society and the environment, and the extent to which the defendant enriches himself or others. (3) Determining a firm minimum criminal threat is necessary to prevent disparities in punishment and provide a deterrent effect, while sentencing guidelines must be designed so that judges have a clear basis in considering factors for mitigating or aggravating punishment
The Narrating Ontology Morality of Corruption Law in Indonesia Based on Islamic Value
Get PDFThis article aimed to explain the ontology morality of corruption law in Indonesia from an Islamic value. The meaning of justice in the study of law contains the value of goodness and truth. The value of goodness has a home in the realm of 'taste,' which provides a foundation and direction towards the spirit of conscience. Philosophically, it must be done fundamentally, deeply, and thoroughly to the meanings of god's attributes in essence (ontology). The philosophical approach is one of the options for this article, besides the concept approach and doctrine (epistemology). Although realized, there is a firm limit to rational ability in providing the meanings of justice, certainty, and usefulness of the law. Limited ability shows 'dwarfity' and rational superiority under 'breadth' divine values and attributes. The ontology of legal morality in a country can be explored from its ideology, which is the source of basic values that guide the direction of the purpose of the establishment of a country. The constitution became a method to justify the realization of one's country's purpose. State ideology became the rail of formation, change, revocation, and enforcement of its laws. As a result, the goal of this analysis is to show how these religious beliefs strengthen legal frameworks, ensuring that corruption is viewed not only as a legal infringement but also as a serious moral breach that undermines society's well-being. To summarize, integrating Islamic moral concepts with corruption law increases the ethical foundations of legal systems, fostering both legal deterrence and moral accountability in governance
Tingkat pengetahuan dan sikap ibu dalam upaya penanganan kejang demam pada balita
No full textPendahuluan: Kejang demam banyak dijumpai pada anak balita berusia 6-54 bulan, dimana suhu tubuh meningkat secara tiba-tiba melebihi 38℃ dan menjadi faktor pemicu kejang. Tindakan awal penatalaksanaan kejang demam sangat tergantung pada peran orang tua terutama ibu. Pengetahuan dan kesadaran ibu mengenai kejang demam sangat penting untuk mencegah terjadinya kejang demam pada anak. Tujuan dari penelitian ini adalah untuk mengetahui gambaran tingkat pengetahuan dan sikap ibu dalam upaya penanganan kejang demam pada anak usia balita di Kelurahan Bangetayu Kulon Semarang. Metode: Penelitian ini merupakan jenis penelitian deskriptif dengan pendekatan survei. Pengumpulan data dilakukan dengan menggunakan kuesioner. Jumlah responden sebanyak 62 orang dengan teknik total sampling. Hasil: Hasil analisis menunjukkan bahwa dari 62 responden penelitian, rata-rata usia responden adalah 30,92 tahun. Karakteristik tingkat pendidikan sebagian besar berpendidikan menengah atas, yaitu 56,5%. Hasil penelitian juga menunjukkan 46,8% responden berpengetahuan baik dan 59,7% memiliki sikap cukup. Simpulan: Adanya kemampuan ibu dalam upaya penanganan kejang demam pada balita dengan baik yaitu 59,7%
Bridging cultures: Innovative adaptation strategies of Indonesian students navigating academic and social challenges in the United States
Get PDFThis study investigated the experiences of Indonesian students pursuing higher education in the United States, highlighting the importance of understanding their cultural adaptation, academic challenges, and social integration. Despite the significant presence of Indonesian students, comprehensive research addressing their unique experiences, and challenges in a new educational environment is limited. The study aims to understand their cultural adaptation, identify academic challenges, and examine strategies for social integration. A phenomenological qualitative approach was employed, utilizing semi-structured interviews with doctoral students to gather in-depth insights. Thematic analysis reveals that cultural adaptation is significantly influenced by language barriers, differing educational norms, and social dynamics. Participants reported academic challenges related to adjusting to critical thinking-based learning and independent study practices. Additionally, social integration is often complicated by cultural misunderstandings and the individualistic values prevalent in American society. To address these challenges, students employ strategies such as building support networks, engaging in campus activities, and utilizing institutional resources. This study underscores the necessity for proactive cultural engagement and institutional support to enhance international students' experiences and foster more inclusive educational environments.
Developing metacognitive awareness through Duolingo application in enhancing students' self-reliance in learning speaking
Get PDFEnglish Learners need to develop a willingness to learn independently. Due to this challenge, it is essential to foster students' metacognitive awareness, comprising the ability to understand, control, and manage the own learning process. The Duolingo application holds a potential to enhance students' metacognitive awareness, so far not much research has investigated this focus. Therefore, this research aims at investigating the role of Duolingo in developing students’ metacognitive awareness in learning to speak English; examining differences in students’ level of metacognitive awareness; and describing how the Duolingo fosters the students’ self-reliance in learning to speak English. The research involved 70 high school students in Semarang City and employed a Concurrent Nested Design. This research focused on measuring changes in the level of metacognitive awareness of the students before and after using Duolingo. Data collected from interview were used to describe how students used the application to improve their learning independence. The results revealed a significant improvement in students’ metacognitive awareness, with the mean pre-test score increasing from 79.43 to 91.81—a gain of 12.38 points. The standard deviation decreased from 6.606 (pre-test) to 5.483 (post-test), and the average N-gain score was 0.64, indicating a 64% mean percentage improvement. Although most participants improved significantly, there was notable variation in the improvement. Qualitative findings highlighted diverse perceptions and approaches among students, emphasizing Duolingo’s effectiveness in promoting independent learning and enhancing metacognitive awareness. This study underscores the value of integrating technology into language learning to support self-directed learning and metacognitive skill development
Legal Criminal Policy Analysis Against Perpetrators in The Crime of Murder Under The Alcohol Influence
Get PDFAlcohol can cause intoxication (poisoning, numbing) of the brain. Drinks seem to cause psychoseacuut, with signs including euphorie (feeling great, happy), loss of moral control, lack of self-criticism, feeling great, trivialising danger, little concentration. This writing aims to know and understand the criminal policy towards the perpetrators of the crime of murder under the influence of alcohol and the form of criminal liability by the perpetrators of the crime of murder under the influence of alcohol. The research method used is normative juridical with statutory approach method. The results showed that the criminal policy against the perpetrators of the crime of murder influenced by liquor in force at this time, there is no provision that prohibits a person to drink liquor. Criminal responsibility by the perpetrator of the crime of murder influenced by alcohol can be held accountable for the perpetrator who deliberately brings himself into a state of intoxication (action libera in causa), with the intention of being more courageous in committing a crime.
Phenomenon of Love Scam Cases in Legal Practice: Exploring Case Construction and Victim Responses
Get PDFA new mode of online fraud is loving scamming, namely using social media or dating applications to commit fraud by building interpersonal relationships between the perpetrator and the victim. Love scammers will target victims and communicate continuously so that they have a love relationship. After an emotional bond, the perpetrator will ask for money with the mode of needing money for urgent needs. Three problems will be discussed: the analysis of love scams in the vortex of cybercrime, the construction of love scam cases in the Law of the Republic of Indonesia Number 1 of 2024, and the victims' response and when they can report it. Love scam is a crime committed in cyberspace; therefore, electronic evidence is essential for uncovering cases when they reach the police. Not all gifts based on a love relationship can be reported. Several criminal provisions in Law Number 1 of 2024 can be used to ensnare perpetrators. In legal practice, not all victims want to report love scams that have happened to them. Some victims do not realize they are victims; some victims deliberately do not report because they are embarrassed and to avoid social judgment; some do not have evidence
Transition of Acehnese Legal Culture Towards the Implementation of Qonun on Sharia Finance with Islamic Law Analysis
No full textThis study aims to analyze the transition of the legal culture of the Acehnese people towards the implementation of Qanun Number 11 of 2018 concerning Islamic Financial Institutions (LKS). The implementation of this qanun is an important step in realizing a sharia-based financial system in Aceh, which has a Muslim majority population. The research method used is an inductive approach in qualitative research with the type of empirical legal research or socio-legal research, which aims to understand how the law operates in society. The three main approaches in this study are analysis of community responses, inhibiting and supporting factors, and the influence of changes in legal culture on the implementation of this qanun. The results of the study show that the implementation of the LKS Qanun received a positive response from the Acehnese people, with significant changes in legal culture, where people began to shift from conventional bank transactions to Islamic financial institutions. Support for this qanun cannot be separated from political factors, the culture of a Muslim majority society, and clear legal substance. However, there are several challenges, such as rejection from some people who feel disadvantaged, as well as limited facilities and infrastructure that are not yet fully ready. However, the changes in legal culture that have occurred have contributed to positive economic growth and the welfare of the Acehnese people. The implementation of this qanun has succeeded in becoming part of the Indonesian economic legal system and has the potential to be adapted by other regions with similar cultures. Thus, it can be concluded that the implementation of the LKS Qanun has succeeded in providing a positive impact on changing the legal culture in Aceh
Reformulation of Patent Law in Indonesia Regarding Patent Waiver of Vaccines in Certain Circumstances
Get PDFThis research aims to reformulate patent law in Indonesia based on the 12th WTO MC Decision on the TRIPs Agreement related to patent waivers for vaccines in certain circumstances, such as pandemics. Patenting vaccines during a pandemic can hamper efforts to handle the pandemic quickly and effectively and make access to vaccines limited, especially for lower-middle-income countries (LMICs). This can be seen in the implementation of Covid-19 vaccination where there is a gap in vaccination rates and vaccine prices between developed countries and LMICs countries. For example, vaccine supplies in Indonesia as one of the LMICs countries could only meet 24% of the coverage target of 181 million people at the beginning of the Covid-19 pandemic. The patent law in Indonesia has provided flexibility regarding the implementation of patents for vaccines in certain circumstances through the implementation of patents by the government, but in fact it still cannot overcome the scarcity of vaccines in an emergency in Indonesia. This study uses normative (doctrinal) research types with statue, conceptual, and analytical. Based on the results of the research, in order to minimize existing problems so that they do not occur in the future, Indonesia can reformulate the formulation of patent laws in Indonesia based on the TRIPs Agreement, namely first, the regulation that the implementation of patent waivers for vaccines in certain circumstances does not require permission from the patent holder; second, the regulation on determining the amount of remuneration for inventors; and third, regulation on the prohibition of re-export of vaccines whose patents are ignored.
The Juridical Review on Payment Security and Protection of Authors' Rights in Journal Publication
No full textCopyright is an exclusive right held by the creator over his/her work, whether in the form of scientific, literary, artistic, or technological works. In the context of publishing scientific journals, copyright relates to control over published scientific works, including distribution, reproduction, and royalty payments. Meanwhile, royalties are payments received by authors or creators in return for the use of their creative works, which are usually calculated based on the number of copies or accesses made to the work. The main objective of this study is to Legal Review of Payment Security and Protection of Authors' Rights in Journal Publication. The method used is a qualitative approach with an analysis of scientific journal publishing contracts and interviews with authors involved in the publication. The results of the study indicate significant inequality between publishers and authors in terms of the distribution of copyright and royalties. Many authors, especially in developing countries, do not receive fair compensation, even though their work provides great benefits to publishers. The practice of transferring copyright entirely to publishers and the lack of transparency in royalty reports are major factors that exacerbate this injustice. The conclusion of this study is that stricter and more transparent regulations are needed to ensure a fair distribution of royalties, as well as protection of authors' copyright. Open access models and merit-based payment systems are considered potential solutions to create a fairer ecosystem in scientific journal publishing. Authors are encouraged to gain more control over their work, while publishers need to provide transparent reporting on the use of the work and the distribution of royalties