1,720,973 research outputs found
Perkembangangan peran pecalang sebagai lembaga keamanan adat di masyarakat Bali Indonesia
Get PDFThe island of Bali is known as one of the world's tourist destinations with all its unique traditions and customary laws. The Balinese have a traditional security institution known as the Pecalang whose role is different from that of the police. The purpose of this article is to identify the position of Pecalang according to Regional Regulation Number 4 of 2019 concerning Traditional Villages and the development of the role of Pecalang. The method used is a mix of methods, namely normative and empirical methods. The results show that the existence of Pecalang is regulated in Law Number 9 of 1979 concerning Village Government and Regional Regulation Number 4 of 2019 concerning Traditional Villages. Pecalang is formed in each of the customary village residents (pekraman) who have the task of maintaining security and order. The role of pecalang is currently experiencing development, which leads to the business, and can even be used as a political tool. What stands out is the case of the closure of the Hare Krsna hostel where the function as a security guard was instead used as a tool by the village to bring order to religious groups or sects that were allegedly not in accordance with community traditions. The police should have been involved because they thought it was a religious matter and their area. The regulation of pecalang duties needs to be re-examined in the Perda so that its function as a guardian of order is clear and not vice versa.
How to cite item: Indrayanti, K. (2021). Perkembangangan peran pecalang sebagai lembaga keamanan adat di masyarakat Bali Indonesia. Jurnal Cakrawala Hukum, 12(3), 294-302. doi:https://doi.org/10.26905/idjch.v12i3.7093
PENETAPAN DAN PENCATATAN PERKAWINAN BEDA AGAMA DI INDONESIA YANG BERKEADILAN DAN BERKEMANUSIAN
Get PDFThe rights of citizens who carry out the marriage of different religions in Indonesia have not been fully protected because Law No. 1 of 1974 on Marriage has not been explicitly regulated. While the data show couples who make marriages of different religions continue to increase. This writing aims to analyze the marriage of different religions from the perspective of human rights and the solution that must be done by the state apparatus to give recognition and protection to the right of marriage partner of a different religion to embrace religion and right to form a family. The results show that the values contained within Pancasila and the 1945 Constitution provide clear protection that the right to embrace religion and the right to form a family is a recognized and protected natural right. The solution that can be done is the legal apparatus should improve its understanding of the legislation, theories, and principles of law and human rights values contained in Pancasila and the 1945 Constitution
Ratio Decidendi Penafsiran Klausula Eksonerasi Dalam Perjanjian Baku di Indonesia
Get PDFThe existance of an exoneration clause in a standard contract often causes different interpretations by judges when faced with concrete cases. One interesting decision that has sparked debate was the Malang District Court Decision Number 94/Pdt.G/2017/PN Mlg, where the Defendant has included the prohibition of the exoneration clause in the standard contract. This is unacceptable to the Plaintiff, so the cancellation of the contract is requested. However, the Panel of Judges in their decision stated that they rejected all of the Plaintiff\u27s claims. This study aims to analyze the ratio decidendi of the Malang District Court Decision Number 94/Pdt.G/2017/PN Mlg based on the principle of balance of positions between the parties. The research method used is normative legal research with statutory and case approaches The results of this study indicate that the Panel of Judges has its own perspective which has considered philosophical, juridical, and sociological aspects in its Decision. The main dispute that occurred between the parties was caused by the plaintiff\u27s default and not because of the exoneration clause in the standard contract. However, even though the Panel of Judges rejected the Plaintiff\u27s claim, in the context of the principle of balance in a standard contract, the position of the rights and obligations of the parties has not been realized, both from the beginning of the making of the contract to the implementation of the contract
PORTRAIT OF THE DEVELOPMENT OF LEGAL PROTECTION FOR INDONESIAN CITIZEN THAT EMBRACE FAITHS/BELIEFS: BETWEEN PRINCIPLE OF RIGHTS RECOGNITION AND DISCRIMINATION
Get PDFThe diversity that Indonesia has as a country, which consists of ethnicity, religion, belief, regional language and tradition is a gift from the Almighty Creator, requires the presence of the state to provide protection for the right to embrace religion and belief for every citizen. Currently, there are 6 (six) religions recognized by the state, while there are hundreds of faiths/beliefs embraced by the people who also want to get formal recognition. This paper aims to identify laws and regulations and government policies in recognizing the rights of faith-believing citizens, the development of their implementation as well as the constraints faced by citizens who embrace beliefs in exercising their rights. The applied research method is normative legal research using primary and secondary legal materials. The results show that there are several discriminatory laws and ministerial decrees, such as religion information in the Identity Card which must state as following a certain religion, the right to receive religious education, the right to interfaith marriage, and negative stigma from the community. After the Constitutional Court Decree Number 97 of 2016 and Government Regulation Number 40 of 2019, this recognition was formally granted. However discrimination on interfaith marriage had yet been recognize by marriage law and people\u27s perceptions of the group of followers still considered them to have deviated because they did not choose and embrace one religion
Implementation of Limited Company Social Responsibility in the Field of Natural Resources, West Kutai District
Get PDFThe legal product in the form of a Regent's Regulation issued by the West Kutai Regency Government, which regulates explicitly Guidelines for the Implementation of Corporate Social Responsibility, is a form of control function over companies operating in the West Kutai Regency area by the West Kutai Regency Government. Based on the description above, this article examines and analyzes the Implementation of the Social Responsibility Obligations of Limited Liability Companies in the Natural Resources Sector Law Number 40 of 2007 concerning Limited Liability Companies in West Kutai Regency and the factors that hinder its implementation. The research method used in this research is an empirical legal research method. Trubaindo Coal Mining, in implementing the Regulations on Limited Liability Company Social Responsibility Obligations in the field of natural resources based on Law Number 40 of 2007 concerning Limited Liability Companies in West Kutai Regency, has implemented the company's corporate social responsibility by the program required by the people of Muara Begai Village. Meanwhile, the inhibiting factors that arise in implementing implementation are not being able to distinguish between needs and desires; there are several groups that prioritize personal interests rather than the people at large; of course, this will interfere with the company in grouping the right groups that require Corporate Social Responsibility. The lack of Human Resources cannot be denied as an inhibiting factor, and unforeseen things such as natural disasters and floods make it impossible to carry out scheduled Corporate Social Responsibility programs
Pemenuhan hak anak yang dirampas kebebasannya: Diskursus standar minimum Lembaga Pembinaan Khusus Anak (LPKA) di Indonesia
Get PDFAlthough Indonesia has ratified the United Nations Convention on the Rights of the Child since 5 September 1990, its implementation still contains many weaknesses. This study aims to formulate minimum guideline standards for LPKA management in Indonesia that is able to protect children’s rights in accordance with the mandate of the legislations. This socio-legal research uses statutory, conceptual, and case approaches, taking samples from LPKA Blitar and LPKA Karangasem. The results indicate that there is no minimum guideline standards in LPKA for fulfilling children’s rights. The standards are adjusted to the capabilities of each LPKA based on the availability of human resources, funding, and minimal facilities. Therefore, the auhtor formulates minimum standards for LPKA management, starting from admission, registration and placement; physical environment; education, until return to community
Kajian parameter gender dalam substansi peraturan perundang-undangan di Indonesia
Get PDFThis article examines the objectives, principles, and integration of gender equality indicators in the formulation of laws. The method used is normative legal research because it examines some of the substance of laws that are gender biased. The results show that the role of the government in realizing gender equality in Indonesia today has been carried out through laws and regulations, policies and programs but still has to be fought for because in reality there is still a gap between the two sexes, which has an impact on gender discrimination. There are several laws whose substance shows discrimination against women, such as the Marriage Law. Therefore, the concept of gender equality should be understood as a "goal", so that both sexes as citizens can obtain their rights. There are three principles that must receive attention, namely basic equality, non-discrimination and the obligation of the State which is the opening door to improve conditions of gender inequality in society. These two principles should be accommodated in the legislation. Furthermore, the 4 gender indicators namely access, participation, control and opportunity should be integrated in an integrated manner starting from the manufacture of a legal product, then translated into policies and programs.
How to cite item: Indrayanti, K. (2021). Kajian parameter gender dalam substansi peraturan perundang-undangan di Indonesia. Jurnal Cakrawala Hukum, 12(2), 195-204. doi:https://doi.org/10.26905/idjch.v12i2.622
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
A Portrait of the Legal Awareness of Indonesian Educators (Teachers) about Violence Against Children in the School Environment: Study in State Senior High School, Malang City, East Java- Indonesia
Get PDFThe increasing number of child violence cases, particularly in schools, has become a pressing issue. Violence in schools occurs in various forms, including physical, psychological, and sexual abuse. This article examines and analyzes the legal awareness of educators regarding child violence in schools (a case study at SMAN in Malang City) and the factors influencing such legal awareness. This research employs an empirical method with a juridical qualitative approach. The results show that the legal awareness of educators concerning child violence in schools, as studied at SMAN in Malang City, reveals that while the educators are knowledgeable about the law, they lack a deeper understanding of the specific legal provisions. This is influenced by several factors, including their understanding and legal behavior patterns, age, internalization of legal knowledge, and personal experiences (legal attitudes) within society. However, their legal attitudes are highly responsive and proactive regarding child violence in the school environment
- …
