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    ANALISIS PENERAPAN SISTEM MERIT PADA MANAJEMEN DAN NETRALITAS ASN DARI UNSUR POLITIK BERDASARKAN UU NO.5 TAHUN 2014 TENTANG ASN DI KOTA TERNATE

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    The merit system intends to develop employee careers and also to reward the achievements of employees in carrying out their duties. This means that the merit system must be applied to all components or functions in ASN management. In this case the author will examine the Implementation of the Merit System in the Management of the State Civil Apparatus (ASN) and the Neutrality of ASN from Political Elements Based on Law Number 5 of 2014 concerning the State Civil Apparatus in the City of Ternate. In this case the author uses the juridical-normative legal research method. namely studying the law which is conceptualized as a norm or rule that applies in society, and becomes a reference for everyone\u27s behavior

    Factors Affecting the Victory of Kuwu Election

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    Kuwu is the village head directly elected by the village people. The village people have the freedom to use their right to vote in the candidate of the kuwu in accordance with their wishes. Every kuwu candidate and his supporters try to influence the people's suffrage in order to win the kuwu election. Kuwu candidates who get the most votes are declared as candidates for the election winners. What factors influenced the victory of the Kuwu election? This is an interesting problem that needs to be known. The results of empirical research on the practice of the election of the kuwu show that the family relationship between the voters and the candidate of the kuwu is the factor that most influences the victory of the kuwu election. Achievement and wealth factors of the prospective kuwu are the second and third factors that can influence the victory of the kuwu election in Indramayu Regency

    PROSES PELAKSANAAN TUGAS KOMISI PEMBERANTASAN KORUPSI DALAM PEMERIKSAAN TERSANGKA MENURUT PERUNDANGAN INDONESIA

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    Tujuan dari pada penelitian ini yaitu untuk mengetahui proses pelaksanaan tugas komisi pemberantasan korupsi dalam pemeriksaan tersangka menurut perundangan Indonesia. Metode yang yang digunakan penulis menggunakan metode kualitatif dengan kaitannya pendekatan deskriptif, diaplikasikan menggunakan pendekatan perundang statute approach dimana peneliti memakai undang undang sebagai dasar melakukan analisis. Hasil penelitian ini yaitu komisi pemberantasan korupsi merupakan lembaga independen yang bebas daripada pengaruh kekuasaan, lantaran mengaplikasikan korupsi tidak serta merta sendiri peorangan melainkan beberapa orang kerap disebut berkelompok, membahas mengenai korupsi sudah pasti tidak akan ada habisnya, Banyaknya peraturan mengenai korupsi mengapa masih saja terus terjadi kegiatan yang keji ini sudah terlihat jelas, bahwa kegiatan ini sungguh merugikan sangat amat merugikan, tingkat kerugikan Indonesia pada tahun 2022 menurut Indonesia corruption watch (ICW), kerugian negara akibat tindak pidana korupsi ini terjadi karena 252 kasus korupsi dengan 612 tersangka dengan mencapai Rp. 33,665 trilun. Kemudian melaksanakan tugas komisi pemberantasan korupsi sebagaimana diatur dalam ayat (1) komisi pemberantasan korupsi berwenang memulai penyelidikan atau penyelesaian tindak pidana korupsi yang dilakukan oleh kepolisian atau kejaksaan.The purpose of this study is to determine the process of implementing the duties of the Corruption Eradication Commission in examining suspects according to Indonesian law. The method used by the author uses a qualitative method with a descriptive approach, applied using a statute approach where the researcher uses the law as a basis for analysis. The results of this study are that the corruption eradication commission is an independent institution that is free from the influence of power, because applying corruption is not necessarily an individual but several people are often called a group, discussing corruption is definitely endless, the number of regulations regarding corruption why this heinous activity still continues to occur is obvious, that this activity is very very detrimental, the level of Indonesia\u27s loss in 2022 according to the Indonesia corruption watch (ICW), state losses due to corruption occurred due to 252 corruption cases with 612 suspects with Rp. 33.665 trillion. Then carrying out the duties of the corruption eradication commission as stipulated in paragraph (1), the corruption eradication commission is authorised to initiate the investigation or settlement of corruption offences carried out by the police or the prosecutor\u27s office

    PERLINDUNGAN HUKUM TERHADAP KORBAN KEKERASAN DALAM RUMAH TANGGA DENGAN STATUS NIKAH SIRI

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    Siri marriage is a marriage that is carried out under the hand or secretly, the reason someone does a siri marriage is usually because they want to avoid adultery, are pregnant outside of marriage, or the man does not want to register their marriage. As a result of this siri marriage, the marriage can be terminated easily, besides that violence against family members is also very vulnerable because the marriage does not have legal force. However, in some cases there are cases of domestic violence in siri marriages that get protection from the PKDRT Law, this makes legal uncertainty in the enforcement of domestic violence cases in siri marriage couples. Legal clarity is needed to provide protection for victims of domestic violence in a siri marriage without violating or changing the provisions of certain laws. The author's goal is for the community to know the consequences of siri marriage and provide information related to law enforcement in domestic violence cases. The method used by the author is normative legal research, whose main focus is on the study of legal norms or rules. Normative legal research aims to analyze legal rules or regulations as part of an interrelated legal system, and see how these rules relate to legal events that occur, the type of data used in this research is secondary data. Secondary data is data obtained from second sources or secondary sources of the data needed. Secondary data in this study such as decisions, books, journals. The author uses a statutory and case approach. The analytical approach to the law is to analyze the meaning contained and used in the legislation conceptually and examine all laws and regulations related to the legal issues being studied

    Keabsahan Akta Notaris Memuat Klausula Nominee dalam Transaksi Peralihan Hak Atas Tanah Untuk Kepemilikan Tanah Orang Asing: Studi Putusan Nomor (259/PDT.G/2020/PN.GIN)

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    The nominee agreement involves David John Lock and Ann Lilian Lock (Plaintiffs I and II) from Australia with Anak Agung Gede Oka Yuliartha (Defendant) concerning the transfer of funds amounting to AUD 860,000 for the purchase of land and the construction of Villa Puncak Bukit in Bali. Notary Anak Agung Bagus Putrajaya is involved in the creation of the nominee agreement deed. This study focuses on the notary\u27s accountability in addressing challenges in the practice of nominee name lending by evaluating the notary\u27s role as a property transaction supervisor and a public official who creates nominee deeds. The ownership of land by foreigners, often resulting in the practice of nominee agreements to circumvent restrictions on land ownership by foreigners. The notary, as a party involved in the deed creation, bears responsibility in civil, criminal, and administrative aspects. Errors in the nominee agreement can lead to its cancellation and legal consequences. Therefore, the notary needs to be cautious and ensure that every agreement made complies with applicable legal requirements, especially those related to legitimate objects and causes. In the context of the relationship between parties, the nominee agreement demonstrates a reciprocal nature between the involved parties, with the fulfillment of obligations as a performance. However, the characteristics of lastgeving indicate the dominance of the grantor, which can impact the enforceability of the agreement

    Tinjauan Mendalam tentang Filsafat Hukum: Mengurai Akar Pemikiran di Balik Sistem Hukum

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    Legal philosophy shapes, guides, and provides an ethical context for the legal system. With a focus on philosophical thinking as the basis for behavior and social interaction, the role of legal philosophy in shaping the modern legal system and its relevance in responding to social challenges and contemporary policies are highlighted. The literature review method is employed to investigate, analyze, and synthesize relevant literature on the research topic. The impact of legal philosophy on shaping social order, the fundamental concepts of law, principles of justice, and the evolution of the legal system are discussed. Contributions from figures such as Locke, Kant, and Hart delve into perspectives on values, morality, and the role of law. Legal philosophy also influences the formation of positive law and naturalism, playing a role in social contract theory, utilitarianism, and progressivism. Its influence is also evident in the concepts of human rights, justice, and governmental responsibility. Legal philosophy promotes law-conscious citizenship by encouraging critical thinking and active participation in legal and political processes

    Perspektif Hukum terhadap Perlindungan Anak Korban Kekerasan Seksual dalam Undang-Undang Nomor 12 Tahun 2022

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    A nation\u27s legal system must provide for the legal protection of children who are the victims of sexual assault. One of the main initiatives to give children who are victims of sexual assault proper legal protection is Law Number 12 of 2022 about Sexual assault Crimes. This article examines the numerous legal protection measures provided by Law Number 12 of 2022 through a content analysis. These measures include rules pertaining to the definition of sexual violence, court procedures, penalties for offenders, and victim rehabilitation initiatives. The investigation focuses on the potential and difficulties in implementing Law Number 12 of 2022 throughout society, as well as how it offers a thorough legal framework to safeguard the rights of children who are sexually abused

    Perlindungan Hukum Bagi Pemilik Tanah yang Tumpang Tindih (Overlapping) Kepemilikan (Studi Putusan Mahkamah Agung Nomor 221 PK/PDT/2014)

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    Legal protection for land owners in Indonesia in resolving overlapping ownership conflicts highlights the complexity and challenges in the legal system. With UUPA as the basic framework, the analysis involves evaluating successes and weaknesses in aspects of land registration, dispute resolution mechanisms, and recognition of customary rights. High costs and slow land registration processes are obstacles, but efforts to speed things up and provide transparency have been made. Dispute resolution mechanisms, such as mediation, show progress, but challenges related to bureaucracy and accessibility remain. Recognition of customary rights needs to be strengthened to reduce gaps with positive law. Despite awareness of improvements, law enforcement remains slow, posing a risk of land ownership rights being violated. To improve protection, reforms are needed in the costs and efficiency of land registration, strengthening dispute resolution mechanisms, further recognition of customary rights, and serious improvements in law enforcement. A balance between regulation, community participation and law enforcement is key to achieving effective legal protection for land owners, supporting sustainability and inclusiveness in development in Indonesia

    Efektivitas Undang-Undang Nomor 39 Tahun 2007 Tentang Cukai dalam Penegakan Hukum Terhadap Tindak Pidana Ekonomi Rokok Ilegal di Indonesia

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    This research aims to analyze legal regulations related to the distribution of excise-free cigarettes in Indonesia and law enforcement efforts. The research method used is normative juridical legal research with a conceptual and problem approach. The research results show that the distribution of illegal cigarettes has become a significant problem in Indonesia, with a large number of the population purchasing cigarettes outside the registered system. Even though Law Number 39 of 2007 concerning Excise has relevant provisions, there are still problems in enforcing the law against illegal cigarettes. Law enforcement is carried out both preventively and repressively, but there are still obstacles such as lack of awareness of producers and the public, weak regulations, as well as obstacles in supervision and enforcement. However, there are criminal and administrative sanctions that have been regulated to deal with the distribution of illegal cigarettes. In conclusion, the existing legal regulations are relatively effective but further efforts are still needed in enforcing the law against the distribution of illegal cigarettes in Indonesia
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