e-Journal BSK Hukum
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Information and Technology-Based Policy Strategy for Monitoring and Evaluation of Government Agencies with Corruption-Free Zone/ Serving and Clean Bureaucracy Zone Status
No full textThe Integrity Zone Development is the government's attempt to reform its bureaucracy. It is considered successful when the work unit within the Ministry/Agency can achieve the status of Corruption Free Zone (WBK)/ Serving and Clean Bureaucracy Zone (WBBM). In order to maintain this status, the work units entitled as WBK/ WBM must maintain their quality by doing regular monitoring and evaluation. However, the monitoring and evaluation related to WBK/ WBM status in the Ministry of Law and Human Rights have not been performed optimally. Therefore, an attempt and strategy are needed to optimize the implementation of the monitoring and evaluation. This paper aims to determine the implementation and challenges of the work unit monitoring and evaluation with WBK/ WBM status within the Ministry of Law and Human Rights. The primary data were collected through interviews and library research. The result of this study shows that the monitoring and evaluation at the Ministry of Law and Human Rights has not been fully implemented. It can be optimized by considering the challenges faced by Internal Assessment Team. It is suggested to revise and prepare a regulation related to technical instruction for Integrity Zone Development at the Ministry of Law and Human Rights
Overview of Sabang Class II Checkpoint Immigration Office Authority of Foreign Ship and Solution Effort
No full textThis study aims to examine the Immigration authority of a foreign ship which was delegated by the Police who were arrested on suspicion of narcotics crimes committed by its crews. The ship entered Indonesian territory with an emergency status in November 2019. The crews and the ship were handed over to Sabang Immigration Office. The crews of the ship were subject to Immigration Administrative Action by being placed in the Medan Immigration Detention Center. Meanwhile, the ship became the responsibility of the Sabang Immigration Office. What is the authority of the Immigration Office against foreign ships for alleged narcotics crimes and what are the efforts made by Sabang Immigration? The qualitative research methodology in this research used data collected from various sources. The results of this study are based on the laws and regulations in force in Indonesia. They include the Immigration regulations which explain that the Immigration Office does not have authority over the ship since it is not in the realm of Immigration investigation. The Immigration Office sought to resolve the ship's problem by actively working with relevant agencies and coordinating with the leadership for instructions and directions
Fast-Track Legislation Mechanism as an Alternative to the Formation of Legislation in Indonesia
No full textThe formation of laws and regulations that take a short time to be formulated may have procedural defects in the process of their formation, such as procedural violations, non-implementation of one or several procedures for their formation and insufficient quality of implementation of the procedures for their formation. Consequently, the legislative process in Indonesia leads to poor conditions, causing problems in the formation of laws and regulations. The practice of making laws and regulations in a short period carried out by the legislature seems to apply the mechanism of fast-track legislation. However, this fast process is not in accordance with the positive law that regulates it. Therefore, the mechanism of fast-track legislation is seen as an alternative to the formation of laws and regulations to prevent the practice of forming bad laws and regulations from being repeated continuously. This research is normative juridical research, with a statutory approach and a comparative law approach. This research journal aims to examine the effectiveness of the fast-track legislation mechanism when used as an alternative to the formation of legislation in Indonesia
Government Responsibility Post Covid-19 Pandemic with The Increase of Social Problems in Society
No full textThe post-covid-19 pandemic in Indonesia has had a major social impact on society in the form of unemployment and divorce. The problem is whether the government can be held accountable for its policies in the context of overcoming the COVID-19 pandemic which has caused many social impacts on the society. The is study aimed to determine the government's responsibility for increasing social community such as increasing layoffs (PHK) and divorce in the society during the pandemic. The research methodology applied empirical methods. The results were based on the theory of government action, which is an action taken by state administrators in carrying out government duties that cause disputes between the people and the government. In Indonesia, the responsibilities of the government have not been regulated, and in practice, the society is still neglected. Society has surrendered to the consequences of the PPKM policy during the COVID-19 pandemic. Even if there are people who will file a civil lawsuit against the government. This lawsuit against government officials in the civil sector in Indonesia is based on the unlawful acts of the government as regulated in Article 1365 of the Civil Code. The responsibilities of the Government other than in the field of civil law is in the field of state administrative law
The Decrease of Legislative Functions of The People's Representative Council of The Republic of Indonesia in The Reform Era
No full textThe indicator of the running of the legislative body's role is the production of pro-people legal products. However, in the reform era, the role of the People's Representative Council of the Republic of Indonesia has decreased as a legislative body. The decline in the role of the People's Representative Council of the Republic of Indonesia in the reform era was influenced by several factors. It is necessary to examine the factors causeby the weak role of the People's Representative Council of the Republic of Indonesia and also the implications of the Constitutional Court Decision on the Job Creation Act. This study aims to explain the causes of the decline in such a role and to explain the role of the People's Representative Council of the Republic of Indonesia in the formation of the law. This type of research is normative juridical. The results of the study indicate that there has been a weakening of the role of the People's Representative Council of the Republic of Indonesia in the reform era caused by several factors such as the weakening of the political parties' power, the large number of political parties in coalition with the government, as well as the large intervention of the economic elite in political parties and the government, which resulted in a controversy over the formation of Job Creation Act caused by the non-applicability of the principles of the formation of good legislation by legislators at the time of making the law
The Urgency of Reharmonization in Construction of The Stage Formation of Law
No full textIndonesia is a state of law that relies on a rule of law formed as a basic rule in the state and society. The law as the primary basis must be made following the principles of the Formation of good law so that it is expected that later it can be applied and has binding legal force for all levels of society. However, the current situation is far from the expectation of the formation of good law. For example, the Formation of a job creation law which is considered not to involve the community actively, many articles are contrary to legal principles, disharmonized and unsynchronized between law. The formation of law seems in a hurry so there are many errors in writing (typo) and many other things. Therefore, it is necessary to reconstruct the stages in making good law. This paper uses normative research with a statutory approach, a comparative approach, and finally concludes with a conceptual approach where concepts that are considered suitable can be applied in Indonesia. This article provides two conclusions. First, the practice of harmonization, synchronization and consolidation of conceptions that have been well implemented but only exist at the planning and drafting stages of the Bill. While after the discussion/mutual agreement (plenary), no further harmonization and synchronization are carried out. Second, the post-discussion (plenary) re-harmonization stage can provide space for the implementation of educational facilities, consultations and publications of pre-validation and enactment of law that will be ratified in the form of meaningful public participatio
Transplantasi Pengaturan Larangan Praktik Female Genital Mutilation melalui Studi Perbandingan Indonesia dengan Mesir
No full textEfforts to eliminate and prevent the practice of P2GP/FGM which are considered human rights violations against women are carried out by banning P2GP/FGM in several countries, one of which is Egypt. Meanwhile, there is no regulation or policy to stop P2GP/FGM in Indonesia. Seeing the decline in the prevalence of FGM practices in Egypt, the authors are interested in analyzing the transplantation of P2GP/FGM prohibition settings through a comparative study of Indonesian and Egyptian laws. This research is normative legal research with a conceptual approach and comparative law. Comparative law studies are conducted to get an overview of solutions to the same problems in other countries. The practice of P2GP/FGM in both Indonesia and Egypt is based on ancient traditions and not for medical or religious purposes. The striking difference between the two countries in eliminating FGM practices is the commitment to regulate FGM in legal instruments in their countries. Therefore, in dealing with problems with the same root cause, Indonesia can refer to the same solution, namely by formulating legal instruments regarding P2GP/FGM as a criminal act by carrying out legal transplants adapted to the ideals of the Indonesian legal state.Upaya penghapusan dan pencegahan praktik P2GP/FGM yang dianggap pelanggaran HAM terhadap perempuan, dilakukan dengan pelarangan P2GP/FGM di beberapa negara, salah satunya Mesir. Sedangkan di Indonesia sampai saat ini belum terdapat pengaturan maupun kebijakan untuk menghentikan P2GP/FGM. Melihat penurunan prevalensi praktik FGM di Mesir, penulis tertarik menganalisis transplantasi pengaturan larangan P2GP/FGM melalui studi perbandingan hukum Indonesia dengan Mesir. Penelitian ini merupakan penelitian hukum normatif dengan pendekatan konseptual dan perbandingan Hukum. Studi perbandingan hukum dilakukan untuk mendapatkan gambaran solusi atas permasalahan yang sama di negara lain. Praktik P2GP/FGM baik di Indonesia maupun di Mesir merupakan praktik atas dasar tradisi kuno dan bukan untuk kepentingan medis maupun agama. Perbedaan yang mencolok kedua negara dalam penghapusan praktik FGM adalah komitmen pengaturan FGM dalam instrumen hukum di negaranya. Oleh karena itu, dalam menghadapi permasalahan dengan akar masalah yang sama, Indonesia dapat merujuk solusi yang sama, yakni dengan merumuskan instrumen hukum mengenai P2GP/FGM sebagai tindak pidana dengan melakukan transplantasi hukum yang disesuaikan dengan cita negara hukum Indonesia
Revitalisasi Voice sebagai Hak Politik Warga Kota di Indonesia: Suatu Kajian Konseptual
No full textThe idea of voice has been long existing within society. When it comes to current urban environment, it seems that voice has been declining due to firm influence of individualism. This makes the inclusive dialogue space between inter citizens group & government and society relationship faded away. Concerning on this issue, this paper would like to highlight the possibility of voice to be main drive to rebuild political rights for citizens. By using a mixed method that consists of in-depth interviews and critical literature review, this paper shows that voice recently has been institutionalised into two ways: formal through e-government and informal through community radio broadcasting. Both ways are able to deliver grass root aspiration to be policymaking issues. These finding of this research suggests the need of active citizen participation to voice their aspiration through different platforms rather than formal ways. Gagasan "voice" telah lama eksis dalam masyarakat. Ketika itu berusaha untuk diterapkan dalam lingkungan perkotaan, sepertinya "voice" menurun seiring dengan menguatnya individualisme di kota. Hal itu membuat ruang dialog inklusif antar kelompok warga kota dan juga relasi negara dan masyarakat kota mengalami pengikisan. Adanya fenomena tersebut, tulisan ini berusaha untuk mengulas kembali kemungkinan "voice" sebagai faktor pendorong utama dalam membangun kembali hak politik warga kota. Dengan menggunakan metode penelitian campuran berbasis wawancara mendalam dan juga analisa literatur kritis, temuan tulisan ini menunjukkan adanya kebutuhan akan "voice" yang terinstitusionalisasikan dalam dua cara yakni: formal lewat e-government dan informal lewat siaran radio komunitas. Kedua cara tersebut dinilai bisa dalam mengantarkan isu-isu yang berkembang di akar rumput mnejadi bahan pembuatan kebijakan publik. Temuan penelitian ini juga menyarankan adanya partisipasi aktif warga kota dalam menyuarakan aspirasinya melalui berbagai kanal daripada lewat proses formal.
Freedom Of Speech and Human Rights: What Can Civic Education Do?
No full textPancasila and Citizenship Education can be considered as a way to improve citizens' opinions. This research is a critical literature review of 40 articles from 2017 to 2022 and focuses on research progress on freedom of expression. The formulation and findings of this study indicated that the practice of freedom of expression in Indonesia has been regulated by law, but in some aspects, it is subject to restrictions. People are often act uncontrollably and abuse their freedom of speech. The impact of the existence of freedom of expression is that people can express themselves but must remain in the corridor of respecting the rights of others and actively participate in providing constructive suggestions for the state. Thus, this study concludes that freedom of expression must be balanced with good delivery procedures, citizenship and civility in expressing opinions is a cultural challenge that must be resolved to build healthy freedom of speech. Citizens' civility for opinion and expression is recommended as one of the crucial issues that should be discussed and developed in Pancasila and Citizenship Education and as well as for inclusive education program.Humans have basic rights to life, one of which is freedom of opinion. Democracy guarantees the freedom of its citizens to express their opinion. However, in the practice of freedom of expression, several problems were found related to ethics of opinion and restrictions on freedom of expression. This study aims to analyze the practice of freedom of expression and its relation to human rights, the impact of freedom of expression, and the role of PPKn in improving civic civility in expressing opinions. This research is a critical literature review reviewing 40 articles from 2017 to 2022 and focuses on research progress on freedom of expression. The formulation and findings of this study are that the practice of freedom of expression in Indonesia has been regulated by law, but in some aspects, it is subject to space restrictions. People are often uncontrolled and abuse their freedom of expression. The impact of the existence of freedom of expression is that people can express themselves but must remain in the corridor of respecting the rights of others, and actively participate in providing constructive suggestions for the state. Thus, this study concludes that freedom of expression must be balanced with good delivery procedures, citizenship in expressing opinions is a cultural challenge that must be resolved to build healthy freedom of opinion. Citizens' civility for opinion and expression is recommended to be one of the crucial issues that should be discussed and developed in Pancasila and Citizenship Education and is also recommended for inclusive education program plans
Perlindungan Hukum Hak Asasi Manusia dalam memperoleh Hak Atas Tanah di Indonesia
No full textAll living things philosophically need the land, especially humans. Human need land to maintain their lives. Based on it, the protection of human rights in obtaining land rights is essential as well as in defending their land rights. Defending the land means preserving life. The research problem in this paper is how the legal protection of human rights in obtaining land rights in Indonesia? This paper aims to learn about legal protection for human rights in obtaining land rights in Indonesia. Therefore, to maintain and ensure legal protection of human rights in obtaining land rights in Indonesia, it has been regulated in the 1945 Constitution of the Republic of Indonesia and then regulated explicitly in Law Number 5 of 1960 concerning Regulations about Basic Agrarian Fundamentals. However, it still has weaknesses in the legal protection of human rights in obtaining land rights in Indonesia. So, it can be concluded that the legal protection of human rights in obtaining land rights in Indonesia still has weaknesses. Therefore, the government and the DPR RI are supposed to immediately revise Law Number 5 of 1960 about Basic Regulations on Agrarian Principles.Tanah secara filosofis dibutuhkan oleh semua makhluk hidup terutama manusia sangat membutuhkan tanah dalammempertahankan kehidupannya bahkan sampaimeninggal dunia, perlindungan hak asasimanusia dalam memperoleh hak atas tanah sangat diperlukan begitu juga dalam mempertahankan hak atas tanahnya tersebut. Mempertahankan tanah berarti mempertahankan hidup dan kehidupannya. Maka yang menjadi permasalahan dalam tulisan ini bagaimana perlindungan hukum terhadap Hak Asasi Manusia dalam memperoleh hak atas tanah di Indonesia. Dengan tujuan untuk mengetahui mengenai perlindingan hukum terhadap hak asasi manusia dalam memperoleh hak atas tanah di Indonesia. Untuk menjaga dan menjamin perlindungan hukum terhadap hak asasi manusia dalam memperoleh hak atas tanah di Indonesia sudah diatur di dalam Konstitusi atau Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 kemudian diatur secara khusus dalam Undang-Undang Nomor 5 Tahun 1960 tentang Peraturan Dasar-Dasar Pokok Agraria. Akan tetapi masih memiliki kelemahan-kelemahan dalam perlindungan hukum terhadap hak asasi manusia dalam memperoleh hak atas tanah di Indonesia. Sehingga dapat disimpulkan bahwa perlindungan hukum terhadap hak asasi manusia dalam memperoleh hak atas tanah di Indonesia masih memiliki kelemahan-kelemahan. Pemerintah dan DPR RI segera melakukan revisi terhadap Undang-Undang Nomor 5 Tahun 1960 tentang Peraturan Dasar Pokok-Pokok Agraria