Jurnal Hukum
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The Legal System for Professional Discipline of Medical Personnel: Constructing Justice and Dignity
No full textThe medical professional discipline grants the Minister too broad authority to add types of disciplinary violations without clear boundaries. This study aims to analyze the regulation of the Minister of Health's role in the provisions regarding the medical professional discipline in Indonesia, which is currently not based on dignified justice. This study uses a socio-legal research approach. The results show that the regulation of the Minister of Health's role in the medical professional discipline is considered not based on dignified justice because it grants the Minister too broad authority to determine additional types of violations without adequate oversight mechanisms, thus creating legal uncertainty. Substantial, structural, and cultural weaknesses include the potential for unilateral expansion of norms, low competence of officials in the field of health law, and a culture that weakens social control. Therefore, reconstruction is needed by transferring the authority to determine types of violations from the Minister to an independent professional institution, following the Singaporean SMC model adapted to Indonesia's constitutional character, in order to build a more accountable, fair, and dignified disciplinary system
The Narrating Ontology Morality of Corruption Law in Indonesia Based on Islamic Value
Get PDFThis article aimed to explain the ontology morality of corruption law in Indonesia from an Islamic value. The meaning of justice in the study of law contains the value of goodness and truth. The value of goodness has a home in the realm of 'taste,' which provides a foundation and direction towards the spirit of conscience. Philosophically, it must be done fundamentally, deeply, and thoroughly to the meanings of god's attributes in essence (ontology). The philosophical approach is one of the options for this article, besides the concept approach and doctrine (epistemology). Although realized, there is a firm limit to rational ability in providing the meanings of justice, certainty, and usefulness of the law. Limited ability shows 'dwarfity' and rational superiority under 'breadth' divine values and attributes. The ontology of legal morality in a country can be explored from its ideology, which is the source of basic values that guide the direction of the purpose of the establishment of a country. The constitution became a method to justify the realization of one's country's purpose. State ideology became the rail of formation, change, revocation, and enforcement of its laws. As a result, the goal of this analysis is to show how these religious beliefs strengthen legal frameworks, ensuring that corruption is viewed not only as a legal infringement but also as a serious moral breach that undermines society's well-being. To summarize, integrating Islamic moral concepts with corruption law increases the ethical foundations of legal systems, fostering both legal deterrence and moral accountability in governance
Strengthening Consumer Protection in Digital Transactions: A Legal Perspective on Click-Wrap Agreements Under the Consumer Protection Law
No full textThis study examines the effectiveness of consumer protection in Indonesia’s digital transactions, with a focus on click-wrap agreements. It addresses three key questions: the normative application of consumer protection laws, the practical challenges in enforcing these laws in online markets, and strategies to strengthen legal safeguards. Using a normative and conceptual juridical approach, the research analyzes relevant legislation, including the consumer protection law, electronic information and transactions law, personal data protection law, Government Regulation Number 80/2019, and Minister of Trade Regulation Number 31/2023. Literature review and legal documents, such as academic studies, court decisions, and government policies, were also examined to assess compliance, identify ambiguous clauses, and evaluate protection mechanisms. Findings indicate that while Indonesia has legal framework guaranteeing consumer rights to accurate information, safety, compensation, and data privacy, practical enforcement remains limited. Click-wrap agreements often contain complex or non-negotiable clauses that reduce consumers’ ability to exercise their rights. Strengthening legal mechanisms, including online dispute resolution, enhanced capacity of the consumer dispute resolution agency, digital consumer literacy, and regulatory harmonization, is essential to bridge the gap between law and practice. Coordinated implementation of these measures can ensure effective, transparent, and equitable protection for digital consumers
Analysis of Legal Instruments and Policy Implementation for Improving Regional Asset Management in Riau Province
Get PDFThis study aims to comprehensively identify the main problems in the implementation of regional asset management in Riau Province, investigate their root causes, and propose policy strategies to align practice with applicable legal provisions. To pursue these aims, this research utilizes an empirical legal approach combined with a descriptive qualitative method. The empirical legal approach allows the researchers to observe and interpret how laws and regulations, particularly Government Regulation Number 27 of 2014, Minister of Home Affairs Regulation Number 47 of 2021, and related regulations, are implemented in practice. The study was conducted in three stages: first, analyzing the BMD management cycle; second, identifying key issues through Pareto analysis; and third, employing SWOT analysis to assess internal and external factors affecting implementation. The main data were collected from observation, document review, and in-depth interviews with heads of regional apparatus organizations. The results show persistent problems at all stages of asset management, from planning, administration, utilization, and supervision, due to weak legal compliance, poor IT infrastructure, incomplete ownership documents, and a shortage of human resources and training. To address these issues, strengthening regulations, optimizing information systems, and developing policy strategies are recommended to enable more effective, efficient, and accountable Regional Asset management in Riau Province
Reconstruction on the Existence of Notary Auction Officers in the Development of Auctions
Get PDFThis research focuses on the reconstruction of the position and authority of notaries as auction officials in filling the legal vacuum and strengthening the legitimacy of auction minutes. The goal is to realize legal certainty and encourage a more modern, fair, and responsive auction system that meets the needs of the community. This research uses doctrinal legal methods, relying on secondary data as library research. The research findings indicate that the existence of auction officials is still weak due to irrelevant colonial legacies, limited numbers, short terms of office, narrow authority, lack of authenticity in auction minutes, and outdated regulations and supervision. Reconstruction of the authority of auction officials from notaries is necessary to eliminate dualism, align regulations with the Notary Law, and strengthen legal certainty through the establishment of a new Auction Law that grants full authority to notaries with a certification mechanism, so that auction minutes have authentic legal force and can support the development of the auction system in Indonesia. This model adopts the pattern of appointing Notaries as Cooperative Deed Making Officials, thereby increasing professionalism and ensuring legal certainty in auction practices
Implementation of Policy for Islamic State Vocational School: A Legal Perspective on Challenges and Development
Get PDFThis research focuses on the implementation of policy for organizing Madrasah Aliyah Kejuruan Negeri (MAKN) under the Ministry of Religious Affairs of the Republic of Indonesia, particularly at MAKN 02 in Ende from 2021 to 2024. The main goals of this study were to analyze the implementation of policy for organizing MAKN, identify obstacles in policy implementation, and develop a policy implementation model that can help improve vocational education delivery in the future. This study used a qualitative descriptive field approach, employing a single instrumental case study. Primary data were collected through in-depth interviews and non-participant observation, while secondary data were taken from documents and regulations. The study applied Edwards III’s framework, focusing on dimensions of communication, resources, implementer attitude, and bureaucratic structure, and was enriched by adding policy feasibility to produce a more applicable policy implementation model. The results show that policy implementation at MAKN in Ende has not yet been fully effective due to limited resources, policy inconsistency, and a weak bureaucratic structure. The policy implementation model, which comprises policy feasibility, communication, resources, bureaucracy, and implementer loyalty, aims to help stakeholders implement vocational education policy more efficiently and effectively
Legal Protection of Intellectual Property for Digital Works by Utilizing Emerging Technologies
No full textThe advancement of digital technology has transformed access to information and creativity, enabling widespread distribution of digital works. However, this ease of access has led to significant challenges in enforcing Intellectual Property Rights (IPR), particularly in Indonesia, where legal frameworks like Law Number 28 of 2014 on Copyright and Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions are tested by rampant digital infringements. This study examines the adequacy of existing Indonesian legal frameworks in protecting IPR in the digital era, focusing on gaps in enforcement and regulatory adaptation to emerging technologies such as streaming platforms and Non-Fungible Tokens (NFTs). Using a normative juridical method, this research analyzes relevant statutes, case law, and legal doctrines to assess their effectiveness in addressing digital IPR violations. The findings reveal that while Indonesia has a robust legal foundation, enforcement remains weak due to limited public awareness and inadequate mechanisms for addressing digital-specific infringements. This study emphasizes the need for regulatory reform, enhanced enforcement mechanisms, and targeted education to strengthen IPR protection, fostering innovation and economic competitiveness in Indonesia’s digital landscape
Analyzing Embezzlement in Office in Indonesian Law: Legal Responsibility, Moral Implications, and Recommendations for Reform
Get PDFThis research explores the issue of embezzlement in office settings within Indonesian law, particularly focusing on the moral and trust aspects of this crime. The main aim is to analyze the legal responsibility of embezzlers under current Indonesian laws, including the Indonesian Penal Code, and to suggest improvements for future regulations. The study employs a normative research method, examining existing laws through their hierarchy and how they relate to one another. The findings indicate that a perpetrator's intent and mental state are crucial in determining responsibility for embezzlement. The upcoming revisions to the Criminal Code aim to set clear goals for punishment, including preventing future crimes, protecting social norms, and treating convicts humanely. This aligns with Article 372 to Article 376 of the Penal Code, which address theft and embezzlement, emphasizing accountability without degrading human dignity. In conclusion, the research recommends that Indonesian laws regarding embezzlement should include provisions for restitution, encouraging offenders to return stolen funds to the victims. This approach not only promotes accountability but also helps rebuild trust within society. The implications suggest that a balanced legal framework, with punitive measures, could deter future embezzlement and strengthen public confidence in institutions
The Form of Resolution of Juvenile Delinquency in Indonesia
Get PDFThe juvenile delinquency is an impact of a lack of understanding of the character possessed by a child who grows to maturity, apart from parental supervision and a lack of understanding of the rules and norms that apply in society so that deviations occur, in This is juvenile delinquency that often occurs, for example, bullying or brawls that occur until the occurrence of violence and the emergence of criminal violations. The purpose of this research is to analyze the factors of juvenile delinquency crimes in Indonesia, secondly to provide solutions for juvenile delinquency crimes in Indonesia. This study uses a descriptive research method with a normative juridical approach. The research data used is secondary data consisting of primary and secondary legal materials, with analysis of data obtained from research results in the form of data from Library research analyzed qualitatively. The results of this study, Solutions for Juvenile Delinquency Violations in Indonesia are the responsibility of all of us, through an approach in the field of Education, the learning curriculum is included as early as possible and can be started from grade VII education as the basis for understanding legal science, it is hoped that in the development of knowledge of juvenile delinquency law in Indonesia. can be overcome to make a better and more advanced generation, so that it becomes welfare, peace in accordance with the culture based on the values of Pancasila
The Political Shift in Legal Power of the Judiciary Post Constitutional Amendment
Get PDFThe purpose of this study examines the legal politics of the shift in judicial power after the constitutional amendment in Indonesia. This study was conducted using doctrinal legal research with a fundamental research approach, designed to gain a deeper understanding of law as a social phenomenon. The results of the study found that historically, the earliest shift in judicial power was related to the theory of shifting separation of powers and the imperative rule of law. The post-constitutional shift resulted from the amendment to the 1945 Constitution which expressly stated that the judiciary is independent. Judicial power is an independent power to organize justice in order to uphold the law and equality and judicial power is not only carried out by the Supreme Court, but also by the Constitutional Court, that the supreme court judge must have integrity and an impeccable personality, fair, professional, and experienced in the field of law, To guarantee the independence and integrity of judges, especially the amendment to the 1945 Constitution, a new institution was issued called the Indonesian Judicial Commission