176 research outputs found
Sort by
The Existence of Islamic Norms in the Indonesia Constitutional Court Decisions No.22/PUU-XV/2017: Eksistensi Norma Islam dalam Putusan Mahkamah Konstitusi Republik Indonesia No.22/PUU-XV/2017
No full textThis study discusses the existence of Islamic norms in the Constitutional Court decisions. This study uses a case approach by examining the Constitutional Court decision no. 22 / PUU-XV / 2017. Data obtained from primary, secondary and tertiary data relating to legal issues in this paper. The main problem in this research is the consideration and decision of the Constitutional Court on the case decision No. 22 / PUU-XV / 2017 concerning marriage which is quite highlighted by the Indonesian people. What was tested in the a quo decision was article 7 paragraph (1) of Law No. 1 of 1974 concerning Marriage with article 27 paragraph (1) of the 1945 Constitution as a touchstone. In the a quo decision the petitioners argued that article 7 paragraph (1) was an article that was discriminatory for women. On the a quo decision, the panel of judges granted part of the petition's petition. the legal consequence of the Constitutional Court decision No. 22 / PUU-XV / 2017 is the emergence of Law No. 16 of 2019, amendments to Law No. 1 of 1974 concerning marriag
A Constitutional Dilemma: Local Elections amid of the Covid-19 Pandemic: Dilema Konstitusional: Pilkada di Tengah Pandemi Covid-19
No full textOn December 9, 2020, regional elections will be held simultaneously in 270 electoral districts across Indonesia. However, during this period the elections will be held amid the Covid-19 pandemic. This decision raised problems because the Government seemed to clash the protection of the right to health and the right to life due to the pandemic with political rights in the name of democracy. This clash ultimately created a constitutional dilemma. Elections has the potential to create election clusters considering the number of Covid-19 spread and transmission in Indonesia is still high and has not shown a significant decline. The General Election Commission (KPU) stated that the elections would implement health protocols. Nevertheless, holding elections is not just a matter of thorough preparation, but it is high risk, and also expensive. There will be a possible low voter turnout which could affect the legitimacy of the elections results. Facing this constitutional dilemma, an alternative to postponing elections through representative democracy can be an option. If it continues to be held, at least the Government must consider the safety of citizens first by controlling the Covid-19 pandemic, which clearly the mandate of constitutional rights as non-derogable rights, rights that cannot be reduced
A Review on Administrative Justice Competencies in France: Telaah Kompetensi Absolut Peradilan Administrasi di Perancis
No full textThe Indonesian justice system is closer to the French justice system, both general and administrative justice, with its "droits administrative regime". In addition, it is recognized that administrative justice in France is already well-established, so it has become a model for other countries. Therefore, the author tries to conduct normative legal research related to the Absolute Competence of Administrative Justice in France. This is certainly very different from the results of previous research and writings that examine the Study of State Administrative Courts based on the paradigm of Law Number 30 Year 2014 on Government Administration then research on the Absolute Study of State Administrative Courts in the Assessment of the Abuse of Authority, there is also research on Implications of Limiting the Absolute Competence of State Administrative Court, Reformulation of Unlawful Acts by Government Agencies or Officials in the Context of Absolute Competence in State Administrative Court and the Element of Abusing Authority in Corruption Crimes as Absolute Competence of Administrative Justice. The entire previous article is examining the Absolute Competence of Administrative Justice in Indonesia alone and its development while this paper contains the novelty of the elements that examine the history of law relating to the Absolute Competence of Administrative Justice in France. The conclusion is that France adheres to the dualite de la jurisdiction or duality of jurisdiction system. Administrative justice aims and ends at Conseil d'Etat besides general court comes from and aims at the Cour de Cassation (Supreme Court)
Bekwaamheid Effect in the Distribution of Divorce Cases in Indonesia: A Lesson from Sidoarjo: Pengaruh Bekwaamheid dalam Kasus Perceraian di Indonesia: Belajar dari Sidoarjo
No full textPeningkatan jumlah kasus perceraian di Sidoarjo, baik di Pengadilan Agama maupun Pengadilan Negeri, menimbulkan keprihatinan tersendiri. Tidak kurang dari 4000 kasus yang muncul setiap tahun, khususnya di Pengadilan Agama Sidoajo. Jumlah ini memicu keingintahuan peneliti untuk melakukan penelitian, yang mengkaitkan sebaran jumlah kasus perceraian tersebut dengan konsep bekwaamheid (khususnya kedewasaan umur). Dimana dalam logika sederhana, semakin dewasa umur seseorang, semakin matang tingkat pengelolaan emosi, seharusnya tidak mudah menghancurkan perkawinannya sendiri. Apalagi dengan alasan selingkuh atau ekonomi. Dengan metode penelitian hukum sosiologis, ditemukan jawaban bahwa ternyata bekwaamheid dalam hal ini tidak banyak berpengaruh. Dari tahun ke tahun (2016-2019), jumlah kasus perceraian di Sidoarjo tidak mengalami penurunan.
 
Law Student's Legal Attitude Towards Campus' Smoking Ban Policy: Sikap Hukum Mahasiswa Fakultas Hukum Terhadap Larangan Merokok di Lingkungan Kampus
No full textCigarettes is a major national issue, especially amongst University students. An estimated 3.3 million votary will die of lung related diseases. This study discusses the law against students in the University Environment. The analysis was carried out using descriptive conceptual dams from KTR policies applied from each tertiary institution. The participating factors were the commitment of the local government, binding law enforcement, written restrictions on a place, positive support from the education sector and the active role of campus organizations. In addition, this journal was submitted to discuss students' opinions about the smoking ban in the campus environment and the number of cigarettes spent on each expenditure as well as the psychological effects obtained after smoking
Enforcement of Criminal Law on Crimes of Criminal Consensus Against State Security: Learning from Indonesia: Penegakan Hukum Pidana pada Tindak Pidana Pemufakatan Jahat Terhadap Keamanan Negara: Belajar dari Indonesia
No full textThe purpose of this legal research is to explain the first discussion, namely how to implement law enforcement against criminal conspiracy (samenspanning) which has been regulated in the Criminal Code and the Criminal Procedure Code. Second How is the imposition of sanctions for criminal conspiracy charges regulated in the Criminal Code in case Number: 293K / Pid / 2016. This type of research is normative research which is descriptive-analytical in nature, using secondary data with data collection techniques through library research and processing data qualitatively, it is concluded that law enforcement against criminal conspiracy is carried out by penal measures, penal measures are one of the efforts to enforce the law or all actions taken by law enforcement officials that focus more on eradication after a crime is committed under criminal law, namely criminal sanctions which constitute a threat to the perpetrator. The stages in this way include investigation, further investigation, prosecution, and so on, which in this case is part of criminal politics. The functionalization of criminal law is an effort to tackle crime through rational criminal law enforcement with the aim of creating the fulfillment of a sense of justice and efficiency. The imposition of sanctions Criminal sanctions imposed if a person has been proven to have committed a criminal act of treason can be punished with a criminal sentence contained in Article 106 of the Criminal Code with the threat of life imprisonment or twenty years in prison
Russia’s Eurasian Union Dream: A Way Forward Towards Multi Polar World Order: Rusia Eurasian Union Dream : Sebuah Jalan Menuju Tatanan Dunia Multi Kutub
No full textSince the disintegration of USSR Eurasia has gained a new geopolitical and strategic significance. Fifteen Countries emerged as result of disintegration, among which only Russian Federation was the successor state. The post-soviet era especially the era of 1990s was a political and economic trauma for the Russian federation and the post-soviet space. But Eurasianists were well aware about the American unilateralism and American ‘Grand Chessboard strategy” that was solely aimed at encircling Russian geography. With these concerns, the Eurasianists advised the Russian political and military elites to initiate the Eurasian Union Project. This paper briefly sketches Russian historical Eurasian dream, which deeply rooted in Russian imperial history and discusses about the importance of Eurasian philosophy for the political and economic stability of Russia-Eurasia. The paper also illustrates about the challenges and opportunities for the Eurasian integration and for the establishment of multipolar world order. Moreover, the paper also briefly outlines the geopolitical rationale behind the Eurasian project as key objective of the contemporary Russian foreign policy and geopolitics
Plagiarism in Higher Education: Power Relations and Legal Aspects: Plagiarisme dalam Perguruan Tinggi: Hubungan Kekuasaan dan Aspek Hukum
No full textAcademic expression of a person is often manifested in various scientific works as a form of efforts to help ‘educate the nation's life’. However, this scientific work becomes the object of intellectual crime, namely plagiarism. In fact, these intellectual crimes occur in tertiary institutions by utilizing the power relation aspects of certain academic positions. This research is a legal research; which aims to describe power relations as the cause of plagiarism in higher education, and is associated with professionalism and academic ethics; then describe the legal aspects that can be imposed on plagiarism for plagiarism in the realm of Higher Education. In this legal research, primary and secondary legal materials are used to inventory in order to obtain a prescription study on the legal issues discussed. The results of the study state that power relations are the main cause of plagiarism in Higher Education; considering that power relations lead to the structure of academic positions; so that it has the potential to make individuals under the control and dependence of parties who have greater authority. Then, the legal aspects of plagiarism in Higher Education can give birth to legal consequences; in the form of criminal sanctions, civil sanctions, and administrative sanctions. Therefore, the researcher recommends revising the Ministerial Regulation regarding plagiarism in Higher Education; and revising copyright laws and regulations by including several norms regarding plagiarism
The Legitimacy of Circular Letter in Handling COVID-19 Pandemic: Legitimasi Surat Edaran dalam Penanganan Pandemi COVID-19
No full textThe purpose of this legal research is to analyze the relevance of the discretion of government officials during the COVID-19 pandemic with the concepts and legislation related to legal issues; as well as analyzing the existence of a Circular to legitimize the handling of COVID-19 with statutory regulations. This legal research is carried out by making an inventory of various primary and secondary legal materials, so as to obtain relevant and critical studies of the legal issues discussed. The results of this legal research are that the discretion made by government officials can be justified legally if it is relevant to several provisions contained in legislation for the realization of good emergency governance; and the existence of a circular letter is legally valid if it is in accordance with the laws and regulations and the General Principles of Good Governance, by understanding that a circular is not a product of rules that are in the order of national legislation. Thus, a circular does not have strong and binding legal legitimacy. Therefore, the researcher recommends the criteria and classification of the parameters of discretion in the form of a circular as outlined in the form of a Supreme Court Regulation. This should be done so that there is no abuse of authority in implementing discretionary power by government officials and general legal principles
Challenges in Applying Night Work Norms in Indonesia: Tantangan Penerapan Norma Kerja Malam Hari di Indonesia
No full textEveryone has the right to have and determine the desired work, get a fair treat and get a decent wage, it is governed by the Constitution of the Republic of Indonesia. In general, working in the morning until evening, but there is also work carried out at night. The lawmakers pay special attention to the execution of work at night by providing a number of excusive rights as part of legal protection for workers. This research aims to determine the opportunities and challenges of applying the night work norms based Law No. 13 of 2003 on legal systems through legal substance, legal structure and legal culture analysis in the field of employment. TThe results of the research are in several Indonesian Regions there are still similar challenges regarding the implementation of night work norms. The authors also assess there are a number of opportunities for improvement in order for nighttime work norms to run well