KEADILAN PROGRESIF
Not a member yet
160 research outputs found
Sort by
PENERAPAN PELAKSANAAN ANGGARAN PERCEPATAN PENDAFTARAN TANAH SISTEMATIS LENGKAP DI KABUPATEN TANGGAMUS
Full text linkSystematic land registration according to Government Regulation Number 24 of 1997 isdefined as a series of activities carried out by the government in a sustainable, sustainableand orderly manner. The problem in this study is the implementation of a systematicsystematic land registration budget at the Land Office of Tanggamus Regency based onMinister of Agrarian Regulation and Spatial Planning No. 35 of 2016 concerning SystematicComplete Land Registration Acceleration. The method used by the normative juridicalapproach and analysis is carried out qualitatively. Budget implementation is based on theMinister of Agrarian Regulation and Spatial Planning No. 35 of 2016 concerning theAcceleration of Comprehensive Systematic Land Registration in Tanggamus Regency but notyet optimal, can be seen from the fact that there are still 10% of the budget that has not beenabsorbed from the budget available in the Budget Implementation List (DIPA) in 2019specifically for PTSL, matters this is because relatively little time periods are also limited tothe closing budget per year. The Government's suggestion in this case the TanggamusDistrict Land Office should further increase public awareness and education regarding theimplementation of the budget in the Systematic Complete Land Registration (PTSL), this isdone so that the public understands and understands the use of funds collected from thecommunity so as not to cause polemics in the future
PEMBAHARUAN HUKUM PIDANA MENURUT RKUHP TAHUN 2018 TERHADAP PELAKU PENYALAHGUNAAN NARKOTIKA DENGAN SISTEM REHABILITASI
Full text linkCriminal Law Reform is an effort to form laws and regulations that are in accordancewith the conditions of the community, whose main goal is to achieve the ideals of Indonesia,namely not only regulating citizens through laws, but also creating peace and prosperitythrough state institutions that has the authority to make related regulations. The 2018Criminal Code (RKUHP) Draft has the goal of renewing sanctions imposed on perpetratorsof narcotics abuse with a rehabilitation system. Narcotics according to Law No. 35 of 2009concerning Narcotics is a substance or drug derived from plants both synthesis and semisynthesisthatcancauseadecreaseorchangeofconsciousness,lossofpainandcancausedependence.Regulations regarding sanctions for the penal system as outlined in the draftRKUHP 2018 are motivated by a number of basic ideas or principles, one of which is theidea of using a doubble track (between criminal and action) so that in the concept there areprovisions that are not in the Criminal Code currently in force, but one alternative criminalis the possibility of combining types of sanctions (criminal and action). In addition point 3 ofthe Supreme Court Circular No. 4 of 2010 regulates that rehabilitation in narcotic crimes iscarried out with integrated assessment, which consists of a team of doctors, namely doctorsand psychologists, a legal team, namely from the police, National Narcotics Agency (BNN),Prosecutors' Office and kemenkumham after issuing a recommendation that someone is aconcurrent user as a dealer or purely as an addict. Barriers to criminal law reformaccording to the RUHUHP 2018 against narcotics abusers with the rehabilitation systeminclude the RKUHP and Rubber Article that makes Narcotics Users sent to Prisons andnarcotics stigma is not a health proble
CITA HUKUM PANCASILA SEBAGAI LANDASAN FILOSOFIS POLITIK HUKUM HAK KEKAYAAN INTELEKTUAL
Full text linkThis research starts from the importance of protecting national interests in IntellectualProperty law. Amendments to the IPR Law adopted more of the principles of TRIPsAgreement than the principles of national law originating from Pancasila and the 1945Constitution. Indonesia needs an IPR legal politics that can be a guideline in renewing theIPR Law to protect national interests. The problems examined in this study are what theprinciples of IPR law derive from Pancasila, the 1945 Constitution and the social realities ofthe Indonesian nation which can be the legal basis for the regulation of Indonesian IPR. Thisstudy uses a normative juridical approach, with the method of law approach, conceptualapproach, principles of IPR law, political description of Indonesian IPR law, and IPR Lawsthat want to be formed in the future. Analysis of legal material is carried out qualitatively.The results of the study are the principles of Indonesian IPR law, consisting of the principleof freedom of work, the principle of legal protection against IPR, the principle of benefit, theprinciple of economic rights, the principle of human welfare, the principle of protectingnational culture, the principle of state authority to implement IPR for the national interestprotection with dimensions of morality and religion, the principle of limited exclusive rights,the principle of justice, the principle of social function and the principle of collectivism.Advice from the Government and Parliament must be highly committed, have political will,courage and nationalist spirit to realize the goals of the Republic of Indonesia as written inthe Opening of the fourth Alenia 1945 Constitution in forming or revising the Indonesian IPRLa
ANALISIS KEDUDUKAN PERATURAN DESA DAN PEMBENTUKAN PERATURAN DESA YANG DEMOKRATIS PARTIPATORIS
Full text linkThe position of village regulations after ratification of Law Number 6 of 2014concerning Village Regulations is as Legislation Regulations other than legislation listed inthe hierarchy in accordance with Article 7 paragraph (1) of Law Number 12 of 2011. VillagePostal Regulations ratified by Law Number 6 of 2014 no longer domiciled only as a furtherelaboration of the higher Regulations, but has been placed as recognized legislation. Theformation of a democratic perdes must reflect community participation. will avoid adverseeffects on the village community. Issues regarding How the Position of Village Regulations,How the Democratic Formation of Village Regulations The results of the discussion can beelaborated, The Position of Village Regulations The Hierarchical Legislation System TheVillage Regulatory System is no longer explicitly referred to as a type of regulation. Thismeans that the position of village regulations is considered only as a further elaboration ofhigher laws and regulations, but there is no local government to provide villageempowerment. The process of establishing democratic Village Regulations, Village Headsand BPD, must involve village structures (village officials), RW, RW and communitymembers. Formation of good village regulations, based on the substance of villageregulations, namely: principles of good village governance, namely, legal certainty, orderlyimplementation of village governance, public interests, openness, proportionality,professionalism, accountability, local livelihoods, diversity , and Participation. Suggestionsthat the Village Head and BPD in making village regulations, must be democratic, bypresenting community participation, community leaders, traditional leaders, religiousleaders and women in the village
IMPLEMENTASI PEMENUHAN HAK-HAK KORBAN PEREMPUAN YANG BERPROFESI SEBAGAI PEKERJA RUMAH TANGGA DALAM UPAYA PENCEGAHAN TERHADAP BENTUK KEKERASAN DALAM RUMAH TANGGA
Full text linkViolence is basically a form of crime. Responding to the violence that occurred at thistime was not spared from observations namely about violence that occurred in the household.It is possible that violence can occur to domestic workers because domestic workers areincluded in the scope of the household. The problem in this research is how to implement thefulfillment of the rights of women victims who work as domestic workers in an effort toprevent forms of domestic violence and what forms of legal protection for women who workas domestic workers? This study uses a Normative and Empirical Juridical approach. Theresults showed that the implementation of fulfilling the rights of women victims who workedas domestic workers in an effort to prevent other forms of domestic violence in real steps bythe government and the state was realized through pre-emptive efforts, namely issuingseveral regulations and promoting forms of fulfilling rights . victims in their capacity asdomestic servants. A form of legal protection for women who work as domestic workers.First, the legal protection provided to domestic workers can be divided into two parts,namely: First, formal criminal law protection for domestic workers who have been victims ofcrime, this protection is to obtain legal guarantees or compensation for the suffering or lossof someone who has become a victim of crime, including the right of the victim to obtain thefulfillment of rights. Second, the protection provided in material criminal law is in the form ofprotection to fulfill the rights of those who are victims of violence and their forms andfacilities. Suggestions conveyed by the authors in this study an effort to create a decent worksituation for domestic workers needs to be done. by passing the Domestic Workers ProtectionBill. Endorsement efforts must always be encouraged. This is because it is very important fordomestic workers to be recognized as workers
ASPEK PERLINDUNGAN HUKUM ATAS DATA PRIBADI NASABAH PADA PENYELENGGARAAN LAYANAN INTERNET BANKING (Studi Kasus Pada PT. Bank Mandiri Cabang Baturaja)
Full text linkIn this modern era, internet banking services have been widely used by banks inIndonesia. In particular, Bank Mandiri Baturaja Branch has also provided internet bankingservices for its customers. This service can make it easier for customers to make transactions,but this convenience is not always safe for these customers, because with this service many ofthe customers get losses and the customer's personal data can be hacked by hackers / cybercrime. The research question is how the legal aspects of banks in protecting customers'personal data on internet banking services and how the implementation of legal protection ofpersonal data of internet banking customers at PT Bank Mandiri Baturaja Branch By usingthe method of library (Library Research), field research (Field Research) and this researchuses narrative analysis using descriptive data. The results of the study found that the legalaspects of the bank in protecting customers using the internet banking PT. Bank MandiriBaturaja Branch in accordance with applicable law, but at this time the law that governsdirectly about internet banking does not yet exist, but it is associated with other regulations
DINAMIKA PANCASILA PADA ERA GLOBALISASI
Full text linkThe position of Pancasila as a staatsfundamentalnorm and Pancasila as an ideology is verymandatory to be instilled and implied specifically to the State elite from both the political andeconomic aspects of the nation and state. The problem is whether Pancasila is able toovercome the problems of the nation at this time. The method used is the Normative andEmpirical Juridical approach. Data is sourced from library studies and field studies. Dataanalysis was carried out qualitatively. The results of the study show that Pancasila as a stateideology is still very capable of overcoming the problems of the nation today, including aproblem that is tentative with the political elite in its existence for the welfare of the nationand state both in terms of politics, development and the economy. To construct it is verynecessary to do methods that include: 1) Development of state politics to maintain theintegrity and sustainability of the nation, 2) Developing the content of Pancasila in thenational education system and 3) Establishment of a special body for the formulation andcivilization of Pancasil
PEMBUKTIAN DALAM MENENTUKAN KERUGIAN KONSUMEN DALAM TRANSAKSI ELEKTRONIK
Full text linkThe development of e-commerce in Indonesia took place long before the Electronic Law waspassed, this e-commerce transaction itself would be predicted to continue to increase whichcould eventually lead to disputes between business actors and consumers. The problem in thisstudy is how to determine the proof of consumer losses in electronic transactions. Theapproach method used is a normative juridical approach method, secondary data sourcedfrom the study of literature and data analysis using qualitative analysis. The results of thestudy prove that to prove the existence of losses for consumers, of course, evidence is neededwhich can be used as evidence guidelines in standard agreements electronically.Conventionally proof is done in the form of print-outs or proof of writing with legalization.This can be done by adopting various provisions that contain the legal strength of electronicevidence as stipulated in the UNCITRAL Model Law On Electronic Commerce. Suggestionsneed to be immediately updated about the direction of the Indonesian Treaty Law inaccordance with Indonesia's national interests, so as to be able to participate in anincreasingly global world in the cyber era
KEDUDUKAN ADMINISTRASI NEGARA SEBAGAI MEDIATOR PENYELESAIAN SENGKETA HUBUNGAN INDUSTRIAL
Full text linkUU no. 17 Th. 2007 concerning the National Long Term Development Plan for 2005-2025mandates that harmonious industrial relations with proper protection, as well as therealization of industrial settlement processes that satisfy all parties, are characteristic of thedesired labor market. In connection with this, the purpose of this study is to examine andanalyze the position of state administration as a mediator in creating harmonious relations.The method used in this research is normative juridical approach. To analyze data and drawconclusions from the results of the study, a qualitative normative analysis method is used.The results showed that the position of State Administration as a mediator in creating aharmonious relationship is as a coach and executor of resolving industrial relations disputesoutside the court, in order to direct the disputing parties to deliberate so that they canproduce a wise agreement and can be carried out as efficiently as possible to the system ofnorms, systems of behavior, and value systems that are in accordance with Pancasila as theideology of the state. The government is expected to intensify the development of industrialrelations to the public, especially the workers and employers community, by furtherhighlighting complaints resolution institutions and making regular observations so thatindustrial relations disputes can be addressed earl
KEPAILITAN DEBITUR DALAM PRAKTIK PERADILAN
Full text linkBankruptcy law is very dominant in protecting the interests of creditors, it can be seenfrom the requirements that must be declared bankrupt namely the existence of two or moredebts, and one of them has matured. Bankruptcy to the Debtor can be granted if the Debtor isno longer able to pay its debts. The problem in this study is how the position of the debtor inbankruptcy in judicial practice. The method used by the normative juridical approach andanalysis is carried out qualitatively. The results showed that the application for bankruptcystatements in both the applicant and respondent's petition was individual, the Court did notconsider the position of the Petitioner or Respondent, the Court only considered the extent ofthe legal relationship that exists between the Petitioner and the Petitioner. and theRespondent in this bankruptcy request. The court considers whether the request for abankruptcy statement is in accordance with the provisions stated in Article 2 paragraph (1)of the Bankruptcy Act, and whether the evidence is simple, the Court is of the opinion that allrequirements are fulfille