Portal Jurnal Universitas Islam Sultan Agung (UNISSULA)
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Analysis of Protection Policies Against People with Mental Disorders in Kudus Regency from Human Rights Perspective
No full textPeople with mental disorders are often stereotyped as being strongly associated with criminal acts, especially violence, and threatening the safety and well-being of those around them. This perspective can make people with mental disorders or ODGJ shunned and feared, even though ODGJ need protection and care. In handling and preventing ODGJ, the Regional Government has a strategic role and has duties and responsibilities for implementing mental health efforts in its community. In Kudus, there are still ODGJ who are abandoned on the streets. Regional governments, through their authority, can be more progressive in dealing with ODGJ problems through regulatory instruments, so that ODGJ receive appropriate treatment. This research aims to analyze Kudus regional government policies in protecting mental health, with a focus on policies that prioritize human rights principles. This research method uses a normative juridical method, namely by analyzing in depth the existing policies in Kudus district related to ODGJ. The results of this research can be concluded that even though the Kudus Regional Government has policies related to mental health and mental disabilities. However, it does not specifically contain the prevention and/or prevention of mental disabilities with a human rights perspective
Legal Implications in Overcoming Pornography Issues and Dangerous Content for Children in the Digital Era in Indonesia
No full textThis research examines the legal implications in overcoming the issue of pornography and harmful content towards children in the digital era in Indonesia. This research aims to analyze the role of law in protecting children from the negative impacts of this content, as well as to evaluate the effectiveness of existing regulations in tackling the spread of dangerous content in the digital environment. The research method used is normative juridical research with a qualitative approach. Secondary data such as the application of positive legal norms and scientific work from scholars are the main focus of this research. The results of this research show that protecting children from the negative impacts of pornography and harmful content requires a comprehensive and coordinated legal approach. Effective law enforcement requires cross-sector collaboration between government, law enforcement agencies, the private sector and civil society. Apart from that, there is a need to improve legal regulations that can keep up with developments in digital technology and fill existing legal gaps. Public education and awareness about the dangers of dangerous content in the digital era is also an important key in protecting children. Thus, it is hoped that the results of this research can contribute to efforts to create a safe and healthy digital environment for children in Indonesia
Analysis of the Standing of Islamic Law in Legal System in Indonesia
No full textThe legal system in Indonesia consists of western law, customary law and Islamic law. In this paper the author wants to discuss more concretely the position of Islamic law in the Indonesian legal system. Because this law is considered not widely understood by the public, it is the source of law for the Unitary State of the Republic of Indonesia. The purpose of writing is to analyze the position of Islamic law in the legal system in Indonesia and provide input for solutions. The approach method in this research uses normative juridical. Data collection was carried out through library research studies. Processing of this research data with secondary data is divided into primary, secondary and tertiary legal materials. As a result of this research, the researcher provides conclusions and suggestions that legal pluralism is contrary to legal centralism, because centralism ignores the basic social and cultural diversity of society, including local legal norms taken from customs/customary law. So what is happening in Islamic law at the moment is that it includes legal pluralism, that is, apart from the Indonesian State implementing national legal policies, it is also thinking about customary law and Islamic law that apply in that area
The Prohibition of Leaving the Position of a Notary With in 7 (Seven) Consecutive Days Is a Nonsense Reason
No full textThe prohibition rule regarding "leaving the area of office for more than 7 (seven) working days" actually has 1 (one) prohibition rule which according to this journal is unreasonable and is not in accordance with the theory of utilitarianism (usefulness/benefits). The purpose of writing is to analyze the prohibition on leaving a Notary's position within 7 (seven) consecutive days for nonsense reasons and provide input for solutions. The approach method in this research uses normative juridical. Data collection was carried out through library research studies. Processing of this research data with secondary data is divided into primary, secondary and tertiary legal materials. The results of this research, researchers provide conclusions and suggestions that these regulations cannot adapt to developments in the 4.0 era in Indonesia. That is why the legal regulations prohibiting Advocates (Lawyers) in Indonesia do not regulate this matter because it is deemed not to provide benefits for Advocates. Why not remove this rule because with the difference in city location between the Notary and the client it is enough to communicate using the internet, either WhatsApp, or Facebook, or email, or Google Cloud. So that a Notary who is not in a fixed place is considered to be able to complete the required work because the laptop device can be taken anywhere, to any city, to any country, so there is no reason for the slightest use/benefit of the arrangement "leaving the area of office more than 7 (seven) working days"
Legal Framework Against Case Discrimination Against Religious and Ethnic Minorities in the Reformation Era
No full textIn the era of reform in Indonesia, the protection of the rights of religious and ethnic minorities has become the main focus. The legal framework built post-reform aims to prevent and overcome cases of discrimination against this minority group. By examining the constitution, laws, government regulations and judicial practices, a strong legal basis can be found to protect the rights of religious and ethnic minorities. However, challenges remain in implementing and enforcing these laws. The gap between existing laws and practice in the field remains a problem, and there are often obstacles in accessing justice for victims of discrimination. Study This use method juridical normative use studies References. An analysis of legal documents and literature, this research highlights the protection of human rights in the 1945 Constitution as well as related laws and regulations, such as Law no. 39/1999 concerning Human Rights, Law no. 12/2005 concerning Citizenship, and Law no. 40/2008 concerning the Elimination of Racial and Ethnic Discrimination. Research findings show that there is a strong legal basis for fighting discrimination, but challenges in implementing and enforcing the law remain. Efforts to strengthen law enforcement and increase awareness of human rights are the main recommendations to ensure fair protection for all citizens, independent of minorities religion or ethnicity
The Relevance of Human Rights from a Positive Legal Perspective in Indonesia
No full textConcretely, the state's obligations regarding Human Rights (HAM) are realized by protecting the human rights of every individual from abuse of state power, guaranteeing the existence of every individual's human rights in legal provisions and in their implementation and fulfilling the human rights of every individual, the state must make legal regulations that prohibit these practices. torture to protect every individual from acts of torture. The state must also ensure that every individual is truly free from acts of torture. The state must also truly fulfill the right not to be subjected to actual torture. What is the relevance of human rights from a positive legal perspective in Indonesia? and How is the government's obligations and responsibilities implemented in pholding human rights in Indonesia at this time? The aim is to find out and analyze the relevance of human rights from a positive legal perspective in Indonesia and the implementation of the government's obligations and responsibilities in upholding human rights in Indonesia today. Normative Juridical research methods. Human rights are rights that cannot be separated from one individual to another. Protection and law enforcement in Indonesia need to be considered so that Indonesian people feel safe under the umbrella of law. In state life, human rights are regulated and protected by the laws of the Republic of Indonesia, where every form of human rights violation whether committed by a person, group or agency or even a country will be tried in the implementation of human rights justice, the human rights court takes the trial process through the human rights court procedural law as stated in contained in the Human Rights Courts Act
Validity of Electronic Signatures in Land Utilization Agreement Letter (SPPT) in Batam City
No full textAI or Artificial Intelligence is artificial intelligence created by scientists by imitating the intelligence possessed by humans as closely as possible. Currently, there are many activities in society that are the result of AI intervention, starting from games, transportation with autopilot, robots, even design and art that also use AI. Your Certified Electronic Hand Status is Valid Almost the Same as an Authentic Certificate. Meanwhile, if it is not certified, the proof process requires a digital forensic test. Signatures are very important as a means of verification and authentication of the identity of the signer and show the authenticity and integrity of a document. Apart from that, it also ensures that the document or transaction is carried out by a legitimate individual. Both are recognized by law, but their position is much stronger than that of being certified. The flow of change in technological transformation is so fast, it raises big questions regarding whether the government as a decision maker, judicial institutions and law enforcers are ready or are they lagging far behind the digital industrial revolution which is no longer inevitable. In the Ratification of the Land Use Agreement (SPPT) in Batam City, there is an electronic signature, then what is the validity of the electronic signature according to the perspective of national law. This research uses a normative juridical method, namely by collecting data through literature study. The results of the research explain that the validity of the electronic signature in the SPPT letter has a legal basi
Case Title In The Context Of Determining A Suspect In The Law Enforcement Process Of The Ite Law In Terms Of The Syariah Maqashid Theory In Order To Achieve Justice
No full textThis research reviews the role of case designation in determining suspects in Electronic Information and Transaction (ITE) criminal cases by the Maqashid syariah approach to achieving justice. Maqashid syariah are sharia principles which aim to protect five main aspects, namely religion, soul, reason, lineage and property. This study involves an in-depth analysis of how case titles influence the process of determining suspects fairly in the context of ITE crimes. By understanding the principles of Maqasid Syariah, this research aims to provide a framework that helps law enforcers in determining suspects, by paying attention to universal principles of justice, while ensuring that the legal process runs accordance to moral and ethical values upheld. in Islam. Hopefully, this research may make an important contribution to realize justice in handling ITE criminal cases based on universal principles and highly upheld sharia values
Reconstruction Of The Authority Of The Judicial Commission Based On Law Number 18 Of 2011 Concerning Amendments To Law Number 22 Of 2004 Concerning The Judicial Commission
No full textThis research aims to discuss the Judicial Commission as an independent and authorized state institution in order to maintain and uphold the honor, dignity and behavior of judges. The approach to this legal research is normative legal research. The specifications for this legal research are analytical descriptive. The sources of this legal research are sources of primary legal materials and secondary legal materials. The data collection and retrieval procedure used is a literature study. The results of this research are: 1). The Judicial Commission supervises judges according to the law, namely supervision of judges regarding ethical violations and behavior of judges in the Supreme Court, including judges in the District Court, Religious Court judges, State Administrative Court judges, and Military Court judges. Starting from monitoring, receiving reports, verification and investigations, to determining whether or not a violation of the code of ethics and/or code of conduct for judges has occurred, as well as being able to take legal steps against people or groups who degrade the dignity and nobility of judges. 2) The Judicial Commission which has important duties regarding legal work in Indonesia. The Judicial Commission will pay close attention to the structure of law enforcement officials. The authority that should be given to the Judicial Commission to maintain the nobility and dignity of judges is to revise the 1945 Constitution of the Republic of Indonesia by strengthening the Judicial Commission institution. Strengthening the Judicial Commission Institution can imitate the Judicial Commission model; Netherlands and Peru
Juridical Aspects Of Electronic Registration Of Mortgage Rights In Kantah Bpn Semarang City
No full textIn this era of increasingly advanced technology, everything uses electronics. Such as the implementation of electronic registration of mortgage deeds at the Semarang City Land Office. This research aims to determine the process of electronically registering a mortgage deed at the Semarang City Land Office. Apart from that, we also want to find out whether Law Number 4 of 1996 allows electronic registration of mortgage rights. The research method used in this research uses a juridical-empirical approach. The sources and types of data used are primary data taken empirically and secondary data through literature. The data collection technique used was through interviews and literature study and the data analysis technique used was qualitative analysis. The results of this research show that the registration of a Mortgage Deed is a policy innovation at ATR/BPN offices throughout Indonesia based on the regulations of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Electronic Agency Number 5 of 2020 concerning Integrated Mortgage Rights Services. Electronic . The electronic mortgage deed registration service at the Semarang City Land Office is carried out using the LENTERA Application System. The policy for electronic registration of mortgage deeds regulated in Ministerial Regulation Number 5 of 2020 concerning Electronically Integrated Mortgage Services does not conflict with Law Number 4 of 1996 concerning Mortgage Rights for Land and Objects Related to Land