JILPR Journal Indonesia Law and Policy Review

EFFECTIVENESS OF PANCASILA AND CITIZENSHIP EDUCATION LEARNING

2024-11-04T14:04:56+00:00

The national urgency of Pancasila and Citizenship Education in overcoming the moral decadence faced by the nation. Character education in higher education, especially through the mandatory general courses of Pancasila and Citizenship Education, is a solution to form good character in students in accordance with the mandate of Law 12 of 2012 concerning Higher Education. The research was conducted in several universities in Pontianak City, focusing on the effectiveness of the courses in fulfilling the effectiveness of the law regarding the implementation of the mandatory curriculum of Pancasila and Citizenship Education courses in the context of local society. The research uses a qualitative approach with a descriptive analysis method. The results of the research will be in the form of reports and articles proposed for publication in accredited national journals. The purpose of this study is to show the effectiveness of the Pancasila and Citizenship Education courses in forming student character, as well as what strategies have been carried out by universities to achieve the effectiveness of MKWK learning in universities in Pontianak City. The results of the research are expected to contribute to building closer cooperation between the government and universities in strengthening character education. This can be done through knowledge exchange, curriculum development, regulations, or other supporting programs to strengthen character learning at the tertiary level.

GOVERNMENT REGULATION NUMBER 24 OF 1997 CONCERNING LAND REGISTRATION IN IMPLEMENTATION AND PROBLEMS AT REGENCY/CITY NATIONAL LAND AGENCY OFFICES

2024-11-04T14:04:47+00:00

Problems are complex and multi-functional and involve cross-sectoral aspects of life in society. Therefore, handling land problems cannot be seen from just one side, it must be comprehensive and integrated so that solutions can be resolved. In terms of community land registration, especially in Subang Regency, each agency related to land. This program is primarily concerned with issuing land certificates so that they can be fully functional and mobilized to take part in handling land issues in accordance with the scope of individual work. Coordination is carried out by the National Land Agency. This agency must have cooperation and a collaborative network with all related agencies and the need to handle strategic land issues, including land registration. This research uses normative juridical methods, with secondary data methods which are then analyzed using qualitative analysis techniques. The results show that the determination of land registration, especially in Subang Regency, if seen from Law Number 5 of 1960, is basically as intended in Article 46 to Article 72 of the Regulation of the Minister of Agrarian Affairs/Head of the National Land Agency Number 3 of 1997 concerning Implementing Regulations of Government Regulation Number 24 of 1997 concerning Land Registration. The sanctions given to land officials deviate from the legal provisions in registering land being handed over to the public. Even if there is evidence of a violation of fund allocation, it may be criminalized as an act of corruption.

LEGAL CONSEQUENCES OF SELLING ANTIBIOTICS DRUGS WITHOUT DOCTOR’S PRESCRIPTION IN PHARMACIES

2024-11-04T14:05:04+00:00

The use of antibiotic drugs is subject to statutory regulations, which require a doctor's prescription for purchase. Antibiotic drugs are classified as "list G drugs" or "hard drugs," and they can only be submitted with a doctor's prescription. The objective of this investigation is to examine the legal liability of pharmacies as sellers of antibiotics without a doctor's prescription and the legal repercussions for purchasers of antibiotics without a prescription. This research employs a form of normative legal research. This research employs a normative legal research method that employs primary data sources and secondary data, or data obtained through a statutory and conceptual approach. The results of this study are that the Pharmacist, as a pharmacy supervisor, is fully responsible for the delivery and collection of drugs to prevent unwanted events. Patients will not receive legal protection if they fail to comply with the Pharmacist's instructions to refrain from purchasing antibiotics without a doctor's prescription.

LAW, SOCIAL MEDIA, AND THE KARAOKE BUSINESS

2024-11-04T14:05:01+00:00

Intellectual property law, particularly copyright law, is a significant challenge for karaoke businesses. The necessity of obtaining proper music licenses is well-understood, but the complexities and costs involved often lead to gaps in compliance. Local regulations, including zoning laws, noise ordinances, and alcohol licensing, further complicate the legal landscape for karaoke operators. Non-compliance with these laws can result in severe penalties, including fines, legal disputes, and potential business closures. Social media has emerged as an essential tool for marketing and customer engagement in the karaoke industry. Platforms like Facebook, Instagram, and TikTok enable businesses to reach a broader audience and create interactive experiences that enhance customer loyalty. However, the use of copyrighted music in social media posts poses significant legal risks. While social media offers opportunities for growth, businesses must navigate these platforms carefully to avoid copyright infringement and other legal challenges. Managing online reputations is critical in the age of social media, where negative reviews or viral posts can significantly impact a business's image. Proactive strategies for handling customer feedback and maintaining a positive online presence are essential for mitigating reputational risks. The regulatory environment for karaoke businesses is evolving, with stricter enforcement of copyright laws and changing social media policies. Businesses must stay informed and adapt to these changes to ensure continued compliance and operational success. Karaoke businesses should prioritize legal education and seek expert guidance to navigate the complexities of copyright law and other regulatory requirements effectively. Clear social media policies that address the use of copyrighted material and customer interactions are vital for minimizing legal risks and maximizing the benefits of digital marketing. Implementing robust reputation management strategies, including prompt responses to online reviews and engagement with customers, can help maintain a positive public image and reduce the impact of negative feedback. Businesses should monitor changes in copyright enforcement and social media regulations, adapting their practices accordingly. Forming partnerships with music rights organizations or utilizing technology solutions can streamline compliance efforts.

LEGAL CERTAINTY ON THE MISUSE OF COVID-19 SOCIAL FUNDS AS A BASIS FOR CRIMINAL AGGRAVATION

2024-11-04T14:04:49+00:00

The existence of the Covid 19 Pandemic in Indonesia some time ago can be categorized as a non-natural disaster that has been determined nationally. To anticipate and help the community, the government has disbursed social funds for the poor and affected by the policy of Enforcing Community Activity Restrictions (PPKM). There are four potential corruptions in social assistance funds in the midst of a pandemic, including: First, corruption related to the procurement of goods/services. Second, the vulnerability to recording receipts, distribution of aid and misappropriation of aid or grants from the public or private sector given to the Task Force and all ministries/institutions/local governments. Third, on the allocation of sources of funds and spending as well as the utilization of the budget in the process of refocusing and reallocating the Covid-19 budget in the APBN and APBD. Fourth, on the implementation of social assistance (social safety net) by the central and regional governments. The various cases above validate the existence of an “epidemic of corruption” amid the COVID-19 outbreak. Corruption is like a virus that spreads to fellow human beings and is dangerous. The fertility of rasuah has damaged government institutions, faded integrity, and brought about the destruction of the nation. The imperfection of the country's system, which is currently in flux after the pandemic, is the biggest weakness that opens up wider opportunities for corruption. Furthermore, people often have a logical fallacy, where they think that the more corruption cases, the better. In fact, the rampant cases of corruption being handled indicate that the function of preventing corruption has not been implemented. Therefore, the massive expansion of corruption during the pandemic is a sad portrait of the nation that should be addressed immediately. Misuse of COVID 19 funds during the pandemic through corruption by the authorities deserves to be categorized as a criminal offense, one of which is the corruption case committed by the Minister of Social Affairs as decided in Decision Number 29/PID.SUS-TPK/2021PN JKT.PST.

THE IMPLEMENTATION OF THE MARRIAGE AGE LIMIT

2024-11-04T14:04:59+00:00

Article 7, Paragraph (1) of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 on Marriage states that "Marriage is only permitted if the man and woman have reached the age of 19 (nineteen) years." However, in practice, there are several cases of underage marriage without marriage dispensation in Kutapanjang District. The purpose of this study is to explain the implementation of Article 7, Paragraph (1) of Law Number 16 of 2019 concerning the Marriage Age Limit in Kutapanjang District, Gayo Lues Regency, and to identify the causes of underage marriage without a marriage dispensation. This research is empirical juridical research. The data were obtained through field research, primarily using interviews. The findings indicate that the implementation of Article 7, Paragraph (1) of Law Number 16 of 2019 concerning the Marriage Age Limit in Kutapanjang District, Gayo Lues Regency has not been fully effective, as several couples still do not comply with the regulations. As a result, the implementation of Article 7, Paragraph (1) in Kutapanjang District, Gayo Lues Regency has not been maximized. The factors contributing to underage marriages without marriage dispensation can be categorized into three: First, coercive circumstances where the female party is already pregnant, leading to an immediate marriage to avoid social disgrace for the family and community. Second, economic pressure, where families believe marrying off their children reduces the financial burden of supporting them. Third, rejection of a marriage dispensation request by the Sharia Court, leading to unofficial or unregistered marriages. It is recommended that the government, especially the Office of Religious Affairs (KUA), be more proactive in raising awareness about Law Number 16 of 2019, which amends Law Number 1 of 1974 regarding the Marriage Age Limit, to all levels of society.

THE ANALYSIS OF THE AUTHORITY OF THE CORRUPTION ERADICATION COMMISSION IN CONDUCTING STING OPERATIONS

2024-11-04T14:04:51+00:00

The state suffers losses as a result of corrupt practices. The general populace shares the state's concern over this crime. The state and public are experiencing instability, and the Corruption Eradication Commission's position and power are crucial in overcoming and minimizing this. So, a sting operation is one of the things the Corruption Eradication Commission does. In this instance, it's important to consider not just the procedures followed by the Corruption Eradication Commission during sting operations, but also the operation's legal foundation and any elements that may have impeded its success. Opponents of the OTT point out that the Criminal Procedure Code only uses the phrase "caught red-handed," which they believe to be inadequate. The distinction thus leads one to the conclusion that being caught red-handed is indeed unlawful. I perceive a logical error in reasoning with respect to this issue. Although this phrase is not used in any Indonesian statute, it is true that the Criminal Procedure Code does not recognize it either. But that doesn't imply the operation is inherently unlawful.

THE ROLE OF LAW IN ECONOMIC DEVELOPMENT RETAIL BUSINESS

2024-11-04T14:04:54+00:00

Indonesia's economic system, which is increasing in modern times, requires the Indonesian people to play an active role in improving their welfare and economic level. To improve the level of the economy, people open various kinds of businesses. One of his efforts is to open a retail business. Retail business is a business that sells goods and services to end users or distributed directly to consumers. The retail business in Indonesia is currently growing very rapidly along with the shift from traditional to modern lifestyles, therefore this golden opportunity is utilized by retailers who have large capital and good management skills to open retail business businesses such as mini markets, super markets, hypermarkets and and so on that allows people to shop with facilities and comfort as well as good service, besides that the price of each product is quite affordable.

MECHANISM FOR TRANSFERRING THE RESOLUTION OF INDUSTRIAL RELATIONS DISPUTES THROUGH MEDIATION FROM THE NORTH LOMBOK REGENCY LABOR OFFICE TO THE WEST NUSA TENGGARA PROVINCIAL LABOR OFFICE

2024-11-04T14:05:06+00:00

This study aims to understand about the mechanism for transferring the resolution of disputes through mediation from the North Lombok Regency Labor Office to the West Nusa Tenggara Provincial Labor Office. The issues addressed in this study are why dispute resolution through mediation must be transferred to the NTB Provincial Labor Office and how the transfer mechanism works. The research method used in this study is Normative-Empirical Legal Research, which combines normative legal elements with additional empirical data. The findings of the research indicate that the main factor leading to the transfer of industrial relations disputes from the regency to the province is the absence of a mediator in North Lombok Regency. As a result, the parties involved can be referred to the provincial government, which has mediators. There is no specific mechanism for the transfer of such cases; the labor office merely sends a request letter to assign a mediator to handle the industrial relations issues through mediation. It is hoped that the central government can appoint or assign a mediator to be placed in the region to avoid the need for case transfers from the regency to the province, thereby minimizing the time required to resolve ongoing industrial relations disputes.

LEGAL PROTECTION FOR HEALTHCARE PROFESSIONALS AND HOSPITALS AGAINST PATIENT’ COMPLAINTS ON SOCIAL MEDIA

2024-12-07T02:45:24+00:00

In the digital era, social media platforms have evolved into potent communication tools; however, they also present novel obstacles, particularly for healthcare professionals and institutions. The reputation and operations of medical institutions can be substantially influenced by the increase in patient complaints that are shared online.This research was made by using normative legal research type, namely research that focuses on examining legal norms in applicable laws and regulations relating to the subject matter. The aim of this research is to analyze existing complaint services in hospitals as well as legal protection for hospitals and health workers against patient complaints on social media. The result of this research shows that there are still complaint services in hospitals that are not yet well provided, and other factors that cause patients to complain on social media. It also shows that legal protection against defamation in corporations has not been able to serve its purpose well, as well as Indonesian penal law which is oriented towards retributive justice rather than restorative justice.

CRIMINAL LIABILITY PERPETRATOR Bullying THROUGH SOCIAL MEDIA

2024-12-07T02:45:22+00:00

The elements of the object of a criminal offense are acts carried out by distributing and/or transmitting and/or making accessible electronic information and/or electronic documents. The elements of criminal liability for perpetrators of criminal acts of cyber bullying must fulfill the elements regulated in Article 27 paragraph (3) of the ITE Law. Even though the highest criminal threat for cyber bullying is only four years in prison, the consequences of this act are very detrimental to the victim, both material and immaterial losses. The crime of cyber bullying can be seen as a result of relatively weak legal consequences or legal instruments. The problem faced is what kind of consequences are experienced by people who have become victims of cyber bullying. In Supreme Court Decision Number 120/Pid.Sus/2017/PN Lbo and Supreme Court Decision Number 95/Pid.Sus/2020/PT Gto, what is the criminal responsibility for those who carry out bullying behavior via social media? A normative legal research approach is used in this research. In conclusion, the impacts experienced by victims of cyber bullying include feeling hurt and afraid, often blaming themselves for the events they experienced, self-harm , experiencing sadness, and even thoughts and intentions to commit suicide. Criminal Responsibility of Perpetrators of Bullying Through Social Media in the Supreme Court Decision Number 120/Pid.Sus/2017/PN Lbo and Supreme Court Decision Number 95/Pid.Sus/2020/PT Gto the defendant of the crime of cyber bullying fulfills the element of responsibility as a subjective element, the defendant able to take responsibility for his actions, and the defendant does not have mental disorders or mental illness according to the Supreme Court decision.

LAW ENFORCEMENT AGAINST FOREIGNERS USING FAKE PASSPORTS

2024-12-07T02:45:17+00:00

The phenomenon of many foreigners still entering Indonesia has caused various problems, including the use of fake passports. In the field of supervision immigration Lots happen case forgery letter travel by foreigners. Although Constitution immigration arrange punishment serious crime, in reality Lots case forgery document journey Already brought to court, but the verdict Still too light on demands of the Public Prosecutor, as well as still there are foreigners who have already managed to get in to the Indonesian region with use letter the alleged journey fake. Of course just, thing This No cause effect deterrent for foreigners who try to fake document travel in Indonesia. The Problem Is How enforcement law against foreigners who use it passport false For enter and/ or go out from the territory of Indonesia in the Decision Number 126/ Pid.Sus /2021/PT.BTN and Decision Number 1234/ Pid.Sus /2020/PN JKT.SEL? How? effort prevention and eradication use passport fake by foreigners? The research method is normative legal research. The conclusion is Legal regulation of Foreign Citizens who commit the crime of passport forgery is regulated in Articles 263 to 264 of the Criminal Code in Indonesia regulated in Law No. 6 of 2011 regulated in CHAPTER XI Articles 126-130 and in Government Regulation No. 31 of 2013 concerning the Implementing Regulations of Law No. 6 of 2011 concerning Immigration and the efforts made by the Directorate General of Immigration to prevent passport forgery by Foreign Citizens, namely by forming TIMPORA (Foreigner Supervision Team) by forming a foreigner supervision team, immigration can synergize with related agencies to prevent foreigners who will make fake Indonesian passports.

CRIMES OF PHYSICAL DOMESTIC VIOLENCE AND NEGLIGENCE IN THE HOUSEHOLD

2024-12-07T02:45:15+00:00

Study This aim For do study to influencing variables happen violence in House stairs (domestic violence) in family , that is form violence physical and neglect . Additionally , research this is also purposeful For know action preventing and dealing with domestic violence carried out by husbands to wife , as Decision South Jakarta District Court Number 995/ Pid.Sus /2021/PN Jak.Sel . and Verdict South Jakarta District Court Number 130/ Pid.Sus /2022/PN Bks. Second decision the made with objective For discuss domestic violence problems . Specifically, the South Jakarta District Court and the South Jakarta District Court are the research locations. Both courts are in the South Jakarta area. The data collection process was carried out using several research methodologies, namely library research and field research. Primary data collection can be done by conducting interviews with relevant sources. Apart from that, secondary data was also obtained in the form of papers, books and research reports which were directly related to the topic of domestic violence in the form of physical violence and neglect in the household. This data was collected as additional primary data. To uncover the root causes of domestic violence in the form of physical violence and neglect in families in the South Jakarta and Bekasi City areas, the data obtained was then analyzed descriptively and qualitatively. This is done to find out what actions can be taken to reduce the impact of domestic violence. Based on the research results, the main factors that cause domestic violence crimes committed by husbands against their wives are internal factors, especially those related to the personality characteristics (temperament) of the perpetrator. In conditions that trigger uncontrolled anger, such as lack of communication and intense jealousy, these characteristics make it easier for individuals to commit criminal acts. This is because they are more easily affected by these events. It should be noted that education and economic factors are one of the external factors that cause domestic violence. To overcome the problem of criminal acts of domestic violence committed by husbands against wives in South Jakarta, it is necessary to carry out preventive efforts such as instilling moral values from an early age, preventive efforts such as increasing awareness of laws and regulations. , and repressive efforts such as taking action against perpetrators of criminal acts of domestic violence (KDRT).

LAW ENFORCEMENT ON THE CRIMINAL ACTS OF SERIOUS ABUSE BY CHILDREN TO CHILDREN ACCORDING TO LAW NUMBER 35 OF 2014 ON CHILD PROTECTION

2024-12-07T02:45:11+00:00

This study aims to analyze the qualifications of criminal acts of physical violence against children based on legislation and to analyze the application of criminal law in criminal acts of physical violence against children in Decision Number 19/Pid.Sus-Anak/2018/PN Jkt.Pst., and Decision Number 00/Pid.Sus-Anak/2023/PN Jkt.Brt. The type of research used by the author is a type of normative legal research with a legislative approach method, a case approach, and a conceptual approach. The legal materials used consist of primary legal materials, namely laws and regulations, and judges' decisions. Secondary legal materials, namely journals and book literature related to this study. As well as tertiary legal materials, namely articles and literature on the internet as supporting data in this study. All of these legal materials are analyzed qualitatively and presented descriptively. The results of this study are, 1) The qualification of the crime of physical violence against children based on statutory regulations is an act that is included in Article 80 Paragraph (1) of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection concerning physical violence committed against children as victims and in the general scope. 2) The application of criminal law in Decision Number 19/Pid.Sus-Anak/2018/PN Jkt.Pst., and Decision Number 00/Pid.Sus-Anak/2023/PN Jkt.Brt., is correct. The defendant has been proven legally and convincingly to fulfill the elements in Article 80 Paragraph (1) of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection. The judge considered that the defendant could be held responsible for the actions he had committed because he was in good health when he committed the crime, and there was no reason to remove the criminal sentence, so the Panel of Judges sentenced the Defendants to imprisonment.

CRIMINAL RESPONSIBILITY FOR FINES TO CORPORATIONS IN CRIMINAL ACTS OF CORRUPTION BASED ON EMPLOYMENT RELATIONSHIPS

2024-12-07T02:45:09+00:00

This study aims to determine the criminal liability of corporations in corruption crimes and to determine the application of material criminal law in Decision Number 1751 / Pid.Sus / 2020 / PT Mdn., and Decision Number 47 / Pid.Sus-TPK / 2022 / PT Dki. The research method used is normative legal research, by using the Statute Approach and Case Approach methods . This study uses a type of normative legal research with a statute approach and a case approach. The sources of legal materials used are primary and secondary legal materials. The method used by the author is the library method, then the analysis of the legal materials used is descriptive of the legal materials obtained. The results obtained from this study are: 1). The qualification of the Criminal Act of Deleting Account Records of a Bank is regulated in Article 49 paragraph (1) letter c of the Banking Law which stipulates that Members of the Board of Commissioners, Directors, or Bank Employees who intentionally change, obscure, hide, delete, or eliminate any records in the books or in reports, or in documents or reports of business activities, transaction reports or accounts of a bank, or intentionally change, obscure, eliminate, hide or damage the bookkeeping records, shall be subject to imprisonment of at least five years and a maximum of fifteen years and a fine of at least ten billion rupiah and a maximum of two hundred billion rupiah, and 2). The panel of judges who examined and decided on Case Decision Number 1751/Pid.Sus/2020/PT Mdn., and Decision Number 47/Pid.Sus-TPK/2022/PT Dki. The author believes that the panel of judges has examined and tried this case properly, considering the public prosecutor's indictment, demands, defense from the defendant and his legal counsel, evidence, and other facts revealed at the trial.

Constitutional Amendment in a Democratic Rule of Law State in Indonesia

2024-12-07T02:45:19+00:00

This research was conducted with the aim of finding out: 1) Procedures and practices for changing the constitution in Indonesia 2) Constitutional amendments in a democratic rule of law state in Indonesia. The type of research used in this research is normative legal research using a statutory approach and a conceptual approach. The types and sources of legal materials in this research are primary and secondary legal materials. The results of this research show that: 1) The procedures and practices for changing the constitution in Indonesia are regulated in several regulations, including: the 1945 Constitution to the RIS Constitution, the RIS Constitution to the 1950 Constitution, the 1950 UUDS to the 1945 Constitution and the 1945 Constitution (Decree) to the 1945 Constitution (Amendment). 2) Constitutional amendments in a democratic legal state in Indonesia, namely: First, changes to the constitution must be in accordance with procedures that have been determined by themselves, because this is what is in accordance with changes to the constitution according to law (vervassunganderung). Second, institutions that make changes must receive legitimacy from the people. Third, actions or changes to the constitution must involve the community.