Jurnal Hukum Novelty
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Analysis on the Income Tax Compliance Behavior of Muzaki at Lazismu Sragen
Full text linkIntroduction to The Problem: Zakat as a deduction of taxable income has become an issue that has attracted the attention of the public economy. The most obvious thing is that the low realization of zakat collection and tax ratios affect the welfare gap (distribution function) and public services received by the citizens (allocation function). On an extreme scale, non-compliance with zakat and tax may threaten social cohesion and legal authority.Purpose/Objective Study: This study aims to find out how zakat regulation as a deduction of taxable income affects muzaki's behavior to comply or not comply with tax obligations.Design/Methodology/Approach: The research design is empirical legal research with qualitative analysis. The primary source builds on focus group discussions (FGDs). Otherwise, secondary sources are collected through a literature study of primary, secondary, and tertiary legal materials.Findings: Zakat as a deduction of taxable income affects muzaki's behavior to comply with tax obligations. The zakat scheme as a deduction of taxable income greatly influences muzaki's behavior within the level of tax compliance, specifically the level of resistance to tax because the system is considered oppressive, to move up to the level of tax compliance trying to comply but having difficulty understanding tax. This significant change occurs because the Zakat scheme as a deduction of taxable income is able to eliminate the characteristic of “tax is conflicting with zakat” in the level of tax compliance resistance because the system is considered oppressive.Paper Type: Research Article
The Role of Corporations in the Protection of Human Rights During the Covid-19 Pandemic
Full text linkIntroduction to The Problem: The essential role of corporations in the economic growth of a country is often accompanied by violations of human rights. In handling COVID-19, there is a tendency to clash between the need to fulfill the right to health and economic recovery, which results in the marginalization of human rights. Corporations still have to take responsibility for respecting human rights because a number of human rights aspects from the perspective of workers are vulnerable to being violated. Purpose/Objective Study: This study addresses the question of what corporations' roles are in protecting and respecting human rights during the pandemic, as well as what steps corporations take to fulfill their human rights responsibilities.Design/Methodology/Approach: This study uses normative legal research methods by collecting primary data to support secondary data. Data was obtained through legislation, library materials, and comparisons of previous research.Findings: Corporations, like the state, bear the same responsibility for respecting and protecting human rights through a series of measurable steps. Corporate responsibility in responding to economic difficulties and the health crisis during the COVID-19 pandemic is carried out by making reasonable efforts to prevent and reduce the impact of COVID-19 on workers' rights, as well as developing internal policies and establishing operational guidelines for respecting human rights in the management of a company.Paper Type: Research Articl
Legal Consistency of Health Personnel in Making Medical Records
Full text linkIntroduction to The Problem: Medical record is a record or document containing patient identity, examination, treatment, action and other services that must be made by health workers, but not 100% complete medical records. Currently, when talking about medical records, doctors always think, while in the law on health workers, medical records must be made by health workersPurpose/Objective Study: to find out the legal certainty of health workers in making medical recordsDesign/Methodology/Approach: This research is normative with deductive research analysis.Findings: the results of patient records carried out by the medical profession are called medical records, patient records carried out by nurses are called nursing care documentation and patient records carried out by midwives are called midwifery care documentation. Doctors who do not make medical records can get criminal sanctions, while nurses and midwives if they do not do documentation of care will get administrative sanctions.Paper Type: Research Articl
UN Palermo Protocol's Implementation on the Legal Protection of Street Children Trafficked in Indonesia
Full text linkIntroduction to The Problem: As one of the countries which ratified the UN Protocol to Prevent, Suppress, and Punish Trafficking in Persons, especially Women and Children, Indonesia recognizes the protection of child trafficking. However, the activity of child trafficking is still rampant throughout Indonesia.Purpose/Objective Study: Hence, this research aims to analyze further the implementation of the UN Palermo Protocol on the legal protection of street children trafficked in Indonesia.Design/Methodology/Approach: The research was normative legal research method or qualitative legal research.Findings: According to the findings of the study, as part of the implementation of the UN Palermo Protocol, Indonesia has made significant efforts to combat human trafficking crime through multilateral agreements and cooperation, the establishment of some related services, and the enactment of numerous legal products. Despite the fact that many efforts have been made by Indonesia to address the crime of child trafficking, the law enforcement on the crime of human trafficking in Indonesia is still inadequate. There are still many children on the street who are victims of human trafficking. As a result, we propose that the government enact a specific law or a special supervision system to combat the trafficking of street children in Indonesia.Paper Type: Research Articl
The Nigerian Criminal Justice and the Belligerence of Blasphemy: Societal, Judicial and Islamic Law Perspectives
Full text linkIntroduction to the Problem: Blasphemy in religion undoubtedly jeopardises the universal human right of freedom of religion in any society. Considering that it is ethno-religiously linked and sensitive in multi-religious environments, the offence is proscribed under the Nigerian laws. With the re-emergence of democracy in Nigeria, the Criminal Justice System became expanded with the birth of a fully-fledged Shariah practice in some areas in Nigeria. The recent death sentence passed on a musician, Aminu, for the alleged offence of blasphemy by a Shariah Court in Kano State attracted the attention of the masses, particularly prompting the question of the propriety or otherwise of the punishment.Purpose/Objective Study: This work examined the societal, judicial and Islamic law perspectives on blasphemy with a view to proffering viable options as punishment for the offence.Design/Methodology/Approach: Doctrinal legal research methodology was adopted, and it involves primary sourcing materials from Quran, Sunnah, Acts and Cases. Secondary sources include journal articles, textbooks, official documents online and in newspaper.Findings: The findings revealed that the death penalty for the offence is incompatible with the most convincing opinion of scholars, the reality of Nigeria and the international best practices. It is consequently suggested that offence and punishments for blasphemy should be treated as a ta’zir, and the punishment should be less than death.Paper Type: Research Articl
Democratization of Legislative Prospective Candidate Selection: Urgency and Its Parameters
Full text linkIntroduction to The Problem: One of the most important functions of political parties in a representative democracy is to recruit or select candidates for public officials. One of which is the selection of legislative candidates. Through this function, political parties will determine whether a person has the quality and capacity to be a member of representative and carry out his role well. Article 241 of Law Number 7 of 2017 concerning General Elections mandates that political parties in selecting candidates must be democratically and openly. But, the criteria of democratic selection is not rigidly regulated because they are fully submitted to be regulated in the internal regulations of political parties.Purpose/Objective Study: This article aims to analyze the urgency of the process of selecting legislative prospective candidate democratically and to find several parameters for the democratic selection of legislative prospective candidate.Design/Methodology/Approach: This is a normative legal research. The research sources consist of primary law and secondary law. It will also use non-legal material sources. Data collection is carried out through literature study.Findings: The results of the research are: First, the urgency of the selection of candidates to be democratically because this mechanism promises some benefits for the societies, political parties, and the quality of democracy in general, i.e: The democratic process of selecting candidates is directly proportional to the satisfaction of the wider community towards the democratic system itself; and tending to produce competent and desired candidates by the public, as well as adopting more responsive policies. Second, the parameters or indicators that can be used as guidelines to determine the democratic selection of candidates will consist of 4 (four) indicators, that are: (1) Candidacy; (2) Selectorates; (3) The level of centralization/ decentralization of selection; and (4) How are candidates nominated?Paper Type: Research Articl
The Policy on the Determination of Top-Up Fee of E-Money
Full text linkIntroduction to The Problem: Bank Indonesia (BI) has determined the top-up fee of e-money in the Board Governor Member Regulation Number 19/8/PADG/2017 on the National Payment Gateway. This regulation is contrary to article 2 paragraphs 2, article 23 paragraph 1, article 33 paragraph 2 Law Number 7 of 2011 concerning Currency expressly regulates that every person is prohibited from refusing to accept rupiah. Aside from that, the regulation has the potential to cause injustice and discrimination for consumers.Purpose/Objective Study: This research aims to analyze whether Bank Indonesia actions determine the top-up fee in the form of the Board Governor Member Regulation Number 19/8/PADG/2017 on the National Payment Gateway are in line with its duties and authorities.Design/Methodology/Approach: This research uses the normative legal research type with the statute approach to research the Legislation that regulates Bank Indonesia authority regarding the policy on a top-up fee issued by Bank Indonesia supervision on implementing its policy.Findings: The research concluded that there is an inconsistency authority between Bank Indonesia and Financial Service Authority. Bank Indonesia is authorized to regulate the top-up fee of e-money to ensure consumer protection and the payment systems smoothness. Moreover, the supervision regarding the e-money top-up fee was in the hand of Bank Indonesia. However, when the consumer suffered loss because of the e-money organizers fault, the Financial Service Authority could take the lead to facilitate the customers complaint.Paper Type: Research Article
Institutional Arrangements of the Political Party Wing on the Functions of Political Parties
Full text linkIntroduction to the Problem: In post-constitutional reform, every political party seeks to maximize each component within its party structure. One feature that has direct contact with the society is the political party wing, which is an essential resource in the regeneration of political party in internalizing its ideology and the development of the militancy character that can be done more efficiently. The institutional arrangements of the political party wing so far are still minimal. The limitations of the organizational structures of the political party wing have an impact on the uncertainty regarding the institutional organization of their wing organization.Objectives of the Study: This article identifies and examines the implication of the provision on the political party wing towards the institutional clarity of their wing organization; and the implications of the institutional arrangements of the political party wing on the functions of the political party.Methodology: This article uses normative legal research that analyses relevant secondary data related to the political party wing. This study concluded that the political party wing could be regulated as a public legal entity that is a part of the political party or an independent legal entity.Findings: This study indicates that the unclear provision regarding the political party wing is the potential to provide diverse interpretations by the political party in its institutional wing organization which is counterproductive or offers no meaning to the realization of the functions of the political party.Paper Type: Research Articl
The Health Services Legal Problems of In Vitro Fertilization (IVF) Program Patients in Indonesia
Full text linkIntroduction to The Problem: Every married couple expects children that the Constitution guarantees. However, the difficulty of having a child tends to be a problem in maintaining married life. Some couples decide to have a child by undergoing In Vitro Fertilization (IVF) Program. The arising problems are on how the current regulation of the IVF program and how to fulfil the rights of IVF program patients from consumer protection law.Purpose/Objective Study: This article focus on the problem of health services for IVF program patients based on the values of justice on the ground of consumer protection law in Indonesia.Design/Methodology/Approach: This study is socio-legal research. However, to support the validity of research, an empirical approach is critical to do-furthermore, where data obtained through interviews based on the researcher’s own experience.Findings: IVF program agreement between the IVF clinic and patients is a law based on Article 1338 of the Indonesian Civil Code. Even so, the research validation was still carried out with the support of an empirical approach. The results of this research are that the current IVF program has not been able to protect its patients’ rights. Patients’ position tends to be weak compared to the clinic or IVF hospital; the concept of the IVF program implementation agreement does not protect patient rights. In the future, attempts to protect IVF patients’ rights need an integrated and comprehensive regulation from the philosophical, juridical, and sociological basis to its practical implementation
Implementation of Human Rights Certification as an Application for the Protection of Human Rights to Workers in the Fisheries Industry
Full text linkIntroduction to the Problem: State responsibility is one of the important keys in the life of the state, one of which is in labor affairs. In its implementation, there are several records of human rights violations in the Indonesian Sea, namely Trafficking in Persons, Forced Labor/Slavery, Child Labor, Overtime, and the absence of health insurance.Objective: This research aims to analyze the regulations in Indonesia concerning the protection of human rights for workers in the fishing industry in Indonesia and whether the Fisheries Human Rights Certification under the Regulation of the Minister of Maritime Affairs and Fisheries Number 35 of 2015 has effectively grant human rights protection to workers in the field of fisheries fishing industry in Indonesia.Methodology: The research method used is juridical-normative.Findings: This study indicates that Human Rights Certification in the Fisheries Sector is one solution so that fishing companies meet the Human Rights criteria set by the Government but still need improvement in the context and implementation. Conclusion Research on Fisheries Human Rights Certification has not been effective in protecting workers in the fishing industry from a technical and conceptual perspective. Effectiveness can be improved if there is an evaluation of problems in the form of overlapping authorities between agencies, the seriousness of the Fisheries Human Rights Team in carrying out its authority.Paper Type: Research Articl