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Chemical Castration Execution Model Through The Administration of Police Medical Operation
No full textProsecutors as executors of court decisions are required to be able to be anticipatory in the process of law enforcement against sexual violence crimes following medical doctors' refusal to be involved in the execution of chemical castration. This study aims to find a model of chemical castration execution that can be applied through the administration of police medical operation (Dokpol) which combines the roles and positions of medical doctors and law enforcers simultaneously to support the implementation of police duties. The statements of the problem are set to find answers to the questions: Should the execution of chemical castration imposed by the court always be carried out? And can chemical castration be carried out through the implementation of police duties? The research method used is a normative juridical method. The availability of resources of police medical operation who have competence in the health sector is expected to be a solution for prosecutors to prepare chemical castration executors in accordance with the provisions required in Article 9 letter b of Government Regulation No. 70 of 2020, in order to achieve legal certainty regarding the implementation of the Mojokerto District Court decision whose execution is planned to take place in 2031
The Legal Position of Sumang Child According to Customary Law in Kopong Village of East Nusa Tenggara
No full textThe existence of Sumang Child for the people of Kopong Village, Sikka Regency, East Nusa Tenggara is a "disgrace" for his extended family, so based on local customs, the parents as well as the child must be expelled from the village, after going through the customary procession. Children born from unexpected relationships do not have rights either from the family of the 2 (two) parents or based on the provisions of national and international law. The formulation of the problem in the writing of this paper is "How is the Position of Sumang Child seen from Customary Law and State Law? This research is secondary data obtained through literature studies in the form of laws and descriptive analysis. Custom is a very sacred ritual for the people of Kopong village, Sikka Regency, East Nusa Tenggara, especially regarding ceremonies for the existence of Sumang Child and the parents that cannot be delayed or avoided. When viewed from the existence of the Child Protection Law and other regulations, this does not occur in the protection of the child and his parents
The Role of Community Counselor in Handling Child Clients in Class I Correctional Center of Medan
No full textThe existence of laws against children must be considered and must be led to be more responsible for themselves, because children are different from adults. Children are teenagers, human resources, and have the potential to continue the life of the nation and state. The child client is then guided to improve himself and his behavior in the existing reality, with the aim of changing his lifestyle, and assisted in behavioral restructuring, especially for clients with severe personality problems that take a long time to resolve. In other words, probation officers can educate a child client about the rejections they will face when receiving changes or feedback from others, while encouraging them to motivate themselves, accept their situation, and change what the child client is going through. Another important thing that must be done in dealing with child client is to involve the family of the child to participate in the process of handling the child who violates the law
Open Court Principle for The Public in Material Judicial Review Right in The Supreme Court
No full textThe Supreme Court (MA) has the authority legality review on regulations under the law against the law as stated in Article 34A paragraph (1) of the 1945 Constitution. Unlike the Constitutional Court (MK) in the examination process until the ruling applies Open Court Principle the Supreme Court does not implement it because apply the legal provisions that apply to the application case in the shortest possible time. This research uses normative legal research methods with conceptual approaches, philosophical approaches and statute approach. "There are two research questions of this study namely why is the principle of the trial open to the public in the right of judicial review in the MA in the concept of modern legal states and what is the constitutional basis for a trial open to the public based on the principle of Audi et Alteram Partem.? Based on principle as law country, Indonesia should emphasize on transparency to make public decision at court so that justice will prevail. The Supreme Court can make rule that accommodate the spirit of a trial that is open to the public as in the principle of Audi et Alteram Partem
Problematic in The Civil Decision Execution Process in Indonesia in Order to Realize Court Excellence
No full textThe duties and responsibilities attached to the position of the Head of the District Court have required him to examine and review every petition for execution submitted to the District Court he leads. This is necessary in order to avoid obstacles to the execution of court decisions that already have permanent legal force. Therefore, this paper aims to describe the causes of obstacles in the execution of court decisions that have permanent legal force. The method used in this research is descriptive-analytical method with the main approach is normative juridical. This study found that the main causes of delays in the execution of court decisions that already have permanent legal force include limited executors, limited budgets, opposition by other people or third parties, and judicial review of court decisions. In order to overcome the obstacles faced in the execution by the Supreme Court of the Republic of Indonesia, it is necessary to prepare State Civil Apparatus that specifically becomes executors by carrying out education in accordance with the main functions that are quite adequat
Urgensi Tata Ruang Berbasis Mitigasi Bencana Likuifaksi: Hak Asasi Masyarakat Kabupaten Jember
No full textThe potential for high liquefaction in Jember Regency has the potential to take its toll and losses that will interfere with aspects of life as experienced by the Central Sulawesi in 2018. Disaster mitigation efforts are needed that look at the extent to which spatial planning and development in Jember Regency pay attention to liquefaction vulnerabilities. Because the vulnerability of the region itself is a consideration of spatial planning and development. This aricle aims to discuss the extent of the importance of liquefaction mitigation-based spatial planning in Jember in terms of regulations, impacts, and their relation to the fulfillment of the human rights of the people of Jember. The method used is socio-legal. This paper confirms that the regulation of decent and safe housing from liquefaction disasters in Jember is still minimal. In addition, the RTRW and RPJMD Regional Regulations have also not made liquefaction part of the disaster in Jember. However, the urgency of this liquefaction regulation is actually not only about disaster mitigation-based spatial planning but also the fulfillment of the human rights of liquefaction victims, so the government is obliged to regulate it even if there are no specific regulations at the national or local level.Potensi likuifaksi tinggi di Kabupaten Jember berpotensi memakan korban dan kerugian yang akan mengganggu aspek kehidupan sebagaimana yang dialami Provinsi Sulawesi Tengah 2018. Perlu upaya mitigasi bencana yang melihat ulang sejauhmana penataan ruang dan pembangunan di Kabupaten Jember memperhatikan kerentanan likuifaksi. Sebab kerentanan wilayah sendiri merupakan pertimbangan penataan ruang dan pembangunan. Arikel ini bertujuan membahas sejauh mana pentingnya penataan ruang berbasis mitigasi likuifaksi di Jember ditinjau dari segi regulasi, dampak, dan kaitannya dengan pemenuhan hak asasi masyarakat Jember. Metode yang digunakan adalah sosio-legal. Tulisan ini menegaskan bahwa regulasi atas tempat tinggal yang layak dan aman dari bencana likuifaksi di Jember masih minim. Disamping itu, Perda RTRW dan RPJMD juga belum menjadikan likuifaksi bagian dari bencana di Jember. Namun, urgensi pengaturan likuifaksi ini sebetulnya tidak hanya mengenai penataan ruang berbasis mitigasi bencana tetapi juga pemenuhan HAM korban likuifaksi, sehingga pemerintah wajib mengaturnya sekalipun tidak ada peraturan khusus di tingkat nasional ataupun lokal
Pemenuhan Hak Warga Negara Eks Timor Timur untuk Mendapatkan Kehidupan yang Layak
No full textEast Timor is one of the provinces in Indonesia which separated itself as a result of the referendum in 1999 and became a country named Republik Deokratik Timor Leste (RDTL). As a result of the referendum, residents who wished to remain Indonesian citizens had to leave and then flee to the nearest area, one of which was in the Belu district, East Nusa Tenggara which is directly adjacent to East Timor. This research finds data that there are unfulfilled rights of citizens and solutions so that their rights can be fulfilled. The purpose of the research is to find out what rights have been received and aims to provide solutions so that their rights can be fulfilled. Collecting data by interviewing sources and then analyzing it. There are rights of ex-East Timorese that not been fulfilled, namely the right to have a proper place to live, the right to get a job, the right for children. The government must pay more attention to the conditions of the residents so that their rights are fulfilled. These problems can be handled by providing training and opening up job opportunities so that they can be independent and no longer live in refugee camps.Timor Timur merupakan salah satu provinsi di Indonesia yang memisahkan diri akibat dari adanya referendum pada tahun 1999 dan menjadi negara bernama Republik Demokratik Timor Leste (RDTL). Referendum tersebut dilakukan dengan cara jajak pendapat di mana mayoritas warga Timor Timur memilih untuk memisahkan diri dari Indonesia. Akibat dari referendum tersebut warga yang menginginkan tetap menjadi warga negara Indonesia harus keluar dan kemudian mengungsi ke daerah terdekat salah satunya di wilayah Kabupaten Belu, Nusa Tenggara Timur yang berbatasan langsung dengan Timor Timur. Penelitian ini menemukan data bahwa terdapat hak warga eks Timor Timur yang sudah terpenuhi dan belum terpenuhi serta solusi agar hak mereka dapat terpenuhi. Tujuan penelitian untuk menganalisis hak-hak yang sudah diterima dan bertujuan untuk memberikan solusi agar hak-hak mereka dapat terpenuhi. Pengumpulan data dengan wawancara secara langsung degan pengungsi kemudian menganalisisnya. Terdapat hak-hak warga eks Timor Timur di pengungsian belum terpenuhi yaitu hak mempunyai tempat tinggal dan lingkungan yang layak, hak untuk mendapatkan pekerjaan, hak bagi anak-anak. Pemerintah harus lebih memperhatikan kondisi warga di pengungsian agar hak-hak mereka terpenuhi. Permasalahan tersebut dapat ditangani dengan cara memberikan pelatihan serta pembukaan lapangan pekerjaan agar mereka dapat mandiri dan tidak lagi tinggal di pengungsian
Pornography in Universalism Perspective: A Freedom Expression?
No full textThe issue of the right to freedom of expression and pornography needs to be studied from a human rights perspective in terms of universalism and particularism. Pornography has the potential to have different standards depending on the time and place of a person's use of clothing and the extent to which the law restricts pornographic behavior. This study aims to unravel pornography and freedom of expression in the digital space from the Perspective of Human Rights Particularism. The research method used is normative legal research. The results reveal that freedom of expression in Indonesia is intertwined with the dimension of human rights particularism, especially Pancasila so all forms of protests that contain pornography disseminated through the digital space are contrast to the value of Indonesian human rights particularism
The Study on the Coronavirus Pandemic Using Human Rights and Human Security Approach
No full textIn March 2020, The World Health Organization (WHO) finally announced a coronavirus or Covid-19 disease outbreak as a pandemic. According to WHO, the status of a pandemic is determined if a new disease has not had an antidote against the spread of the virus in regions of the world. The virus attacked individuals and no doubt the impact on people is significant, which relates to the security of the people and human rights aspects. The article explores the argumentative basis of human security and further analyzes the problem, strategy and needs in the lens of human rights related to pandemic in the framework of human security. It aims to analytically describe human security approaches in relation to the COVID-19 with human rights perspective through the common pattern of threat identified worldwide and plausible strategies based on literature study. The state strategy addressed in the article exists as a set of examples of best practices and/or critics toward the policy with materials provided by journals. The article uses a qualitative approach with a systematic literature study based on human security framework with human-right analysis and results in a generic set of human security frameworks for COVID-19 with the perspective of human rights
Improving the Quality of Public Services through Bureaucratic Reformation: Human Right Perspectives
No full textThis article discusses Bureaucratic Reform from the Perspective of Human Rights in improving the quality of public services. Bureaucratic Reform is a process of change that is carried out in stages, systematically, and continuously. It aims to create clean governance, improving public services, capacity, and accountability of bureaucratic performance and professionalism of Human Resource Apparatus. This process can be seen as a change from the current condition to the targeted condition within the scope of Bureaucratic Reform. There are several problems faced in improving maximum public services, including 1) transactions leadership, 2) adaptive organizational structure, 3) weak policy implementation, 4) inefficient organizational structure and management, 5) unclear service systems and strategies, 6) corrupt organizational behavior; 7) lack of transparency. In order to solve problems in the government bureaucracy, it is necessary to reform its structure and work culture. If bureaucratic reform in services is successfully implemented, public service bureaucratic reformation will achieve the expected goals, including: an increase in public respect for government performance as a service provider, a decrease or even elimination of public authority abuse by officials in the agencies concerned; realization of a country that has the most-improved bureaucracy and improves the quality of each service sector to the public.This article discusses Bureaucratic Reform from the Perspective of Human Rights in improving the quality of public services. Bureaucratic Reform is a process of change that is carried out in stages, systematically, and continuously. It aims to create clean governance, improving public services, capacity, and accountability of bureaucratic performance and professionalism of Human Resource Apparatus. This process can be seen as a change from the current condition to the targeted condition within the scope of Bureaucratic Reform. There are several problems faced in improving maximum public services, including 1) transactions leadership, 2) adaptive organizational structure, 3) weak policy implementation, 4) inefficient organizational structure and management, 5) unclear service systems and strategies, 6) corrupt organizational behavior; 7) lack of transparency. In order to solve problems in the government bureaucracy, it is necessary to reform its structure and work culture. If bureaucratic reform in services is successfully implemented, public service bureaucratic reformation will achieve the expected goals, including: an increase in public respect for government performance as a service provider, a decrease or even elimination of public authority abuse by officials in the agencies concerned; realization of a country that has the most-improved bureaucracy and improves the quality of each service sector to the public