JILPR Journal Indonesia Law and Policy Review https://ejournal.aissrd.org/index.php/jirpl <p><strong>Journal Indonesia Law and Policy Review (JILPR) eISSN <a href="https://issn.lipi.go.id/terbit/detail/1569196470">2715-498X</a></strong></p> <p><strong>Journal Indonesia Law and Policy Review (JILPR) </strong>is an international, peer-reviewed journal publishing articles on all aspects of LAW, POLICY REVIEW and SOCIAL SCIENCES. <strong>Journal Indonesia Law and Policy Review (JILPR)</strong> welcomes submissions of the following article types: (1) Papers: reports of high-quality original research with conclusions representing a significant advance, novelty or new finding in the field; (2) Topical Reviews: written by leading researchers in their fields, these articles present the background to and overview of a particular field, and the current state of the art. Topical Reviews are normally invited by the Editorial Board; (3) Comments: comment or criticism on work previously published in the journal. These are usually published with an associated Reply. <strong>Journal Indonesia Law and Policy Review (JILPR)</strong> publishes three (February, June, October) issues per year, published by IPEST, International Peneliti Ekonomi, Sosial and Teknologi. Article must publish in <span class="st">English.</span></p> International Peneliti Ekonomi, Sosial dan Teknologi en-US JILPR Journal Indonesia Law and Policy Review 2715-498X LEGAL CERTAINTY IN PROVIDING LABOR PROTECTION GUARANTEES FOR HOME WORKERS IN INDONESIAN LABOR LAW https://ejournal.aissrd.org/index.php/jirpl/article/view/239 <p>In Indonesia and in developed and even developing countries, labor is divided into two, namely, formal labor and informal labor. Homeworkers are considered not to be employed by “employers” directly because they are sub-contracted or in other words informal workers, they are not given the protection provided by law to other workers (workers in the formal sector). The purpose of this study is to determine and analyze the legal uncertainty in providing labor protection guarantees for home workers in Indonesian labor law and to understand and analyze a form of legal certainty in providing home worker protection guarantees in Indonesian labor law. This research method is a normative legal research with a normative juridical approach and analyzed qualitatively. The results of this study provide the conclusion that the current Manpower Law does not specifically and specifically address homeworkers causing legal uncertainty of protection guarantees for homeworkers and efforts that can be made to provide legal certainty for the protection of homeworkers are to ensure that homeworkers carry out their work based on work agreements, and the Government through the Ministry of Manpower must immediately make and pass laws that clearly and explicitly regulate the labor rights of homeworkers.</p> Jan Parlindungan Anwar Budiman Saefullah Saefullah Copyright (c) 2024 Jan Parlindungan, Anwar Budiman, Saefullah Saefullah https://creativecommons.org/licenses/by-sa/4.0 2024-06-16 2024-06-16 5 3 450 460 10.56371/jirpl.v5i3.239 THE INTERSECTION OF HEALTH LAWS AND HUMAN RIGHTS IN THE CONTEXT OF HIV-POSITIVE COUPLES https://ejournal.aissrd.org/index.php/jirpl/article/view/249 <p>Legal protection for partners of persons living with HIV (PLHIV) is the subject of this study. This study employs a form of normative juridical research that combines conceptual and statutory methodologies. A literature review was conducted to collect and analyze all legal materials utilized in this research. Deductive legal materials were employed for analysis. These are the outcomes of this research: 1) The relationship between health law and human rights in couples comprising people living with HIV (PLHIV) is reciprocal. Human rights violations frequently lead to health disruptions, and conversely, infringements upon the right to health constitute human rights violations. In the same way that health services must be universal and not discriminatory in accordance with the right to health, it is impermissible to deny access to health services to patients, including those who are partners of people living with HIV (PLHIV). 2) Legal protection for partners of persons living with HIV (PLHIV) is governed by the ICESCR, the ICCPR (Human Rights Law), and health-related legislation, including Health Law No. 17 of 2023. Human rights legislation is a reflection of societal values, specifically tolerance and nondiscrimination. Nonetheless, this legislation has yet to manifest empathy due to the absence of a concern-filled attitude towards the partners of individuals living with HIV.</p> Retno Sesulih M. Tauchid Noor Adriano Copyright (c) 2024 Retno Sesulih, M. Tauchid Noor, Adriano https://creativecommons.org/licenses/by-sa/4.0 2024-06-16 2024-06-16 5 3 461 471 10.56371/jirpl.v5i3.249 EFFECTIVENESS OF IMPLEMENTING SANCTIONS IN THE FORM OF RETURN TO PARENTS AND SUPERVISION OF CHILDREN PERPETRATOR OF THE CRIME OF THEFT https://ejournal.aissrd.org/index.php/jirpl/article/view/250 <p>According to Article 82 paragraph (1) letter a of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, it is explained that sanctions that can be imposed on children include returning them to their parents/guardians. In the Banda Aceh District Court from 2015 to August 2016 there were 12 cases in which the perpetrators were children, but only 6 cases resulted in a decision to return the action to the parents. The purpose of writing this article is to explain the judge's considerations in imposing sanctions for returning parents, indicators of the effectiveness of implementing sanctions for returning parents to children who commit criminal acts and to explain the monitoring mechanism for the implementation of sanctions for returning parents. that the judge's considerations in imposing sanctions for returning parents are based on the severity of the crime committed and whether the person concerned has ever committed a crime or not. Applying the sanction of returning parents to children who commit criminal acts is considered better than imposing other sanctions, because children will receive direct supervision and education from their parents, and children will also avoid being labeled and/or branded as perpetrators of criminal acts by society. The monitoring mechanism for the implementation of sanctions for returning to parents is carried out by the Correctional Center (Bapas) for 3 (three) months and the results of supervision from the Bapas regarding children who are returned to their parents are that the child has good behavior such as taking part in community activities where he lives, such as attending recitations and carrying out social activities such as mutual cooperation.</p> Taufik Efendi Copyright (c) 2024 Taufik Efendi https://creativecommons.org/licenses/by-sa/4.0 2024-06-16 2024-06-16 5 3 472 492 10.56371/jirpl.v5i3.250 LEGAL PROTECTION FOR HOLDERS OF DEPOSITS AS A FORM OF INVESTMENT AVAILABLE IN BANK https://ejournal.aissrd.org/index.php/jirpl/article/view/273 <p>Legal protection is something that is very important considering that banks are financial institutions which in all their activities cannot be separated from the role of their customers, because the legal relationship between customers and banks is a legal relationship created based on trust (fiduciary relationship). A Certificate of Deposit or Certificate of Deposits is a product issued by a bank as a securities tool or instrument used to make payments in a transaction. Therefore, to foster public trust in banking institutions, steps need to be taken to protect the interests of depositors so that time deposit funds stored in a bank are guaranteed to be safe from all risks that may arise in the future. Providing legal protection to depositors is also related to the bank's operational potential. The formulation of the problem is what is the position of issuing deposit certificates in banking? and what form of legal protection is required by deposit holders in carrying out legal relations with banks?The form of research used in the research is normative juridical research. The results of this research are that the position of issuing deposit certificates is regulated in more detail in terms of the position of deposit certificates as securities that can be owned by all binding persons and their issuance can be reviewed from Financial Services Authority Regulation Number 10 /PJOK.03/2015 concerning the issuance of Deposit Certificates by Banks where deposit certificates can be issued in the form of scripless or scripless. AndThe legal relationship between the bank and the depositor is that they are essentially bound by an agreement where each party has the rights and obligations to fulfill the contents of the agreement. With the existence of an agreement, a relationship exists between the bank and the customer, where this relationship must be maintained by each party, especially the bank, by paying attention to the principles, namely the principle of trust, the principle of confidentiality, and the principle of prudence. Based on the provisions of Article 1 number 5 of Law Number 10 of 1998, between banks and customers is regulated by agreement law. So that the basis of the legal relationship between the bank and the customer is a contractual relationship. This means that once a customer enters into a contractual agreement with the bank, the engagement that arises is an engagement based on a contract (agreement).</p> Ahmad Supriyadi Copyright (c) 2024 Ahmad Supriyadi https://creativecommons.org/licenses/by-sa/4.0 2024-06-29 2024-06-29 5 3 493 499 10.56371/jirpl.v5i3.273 LEGAL PROTECTION OF POLICY HOLDERS AGAINST INSURANCE COMPANIES EXPERIENCED BANKRUPTCY https://ejournal.aissrd.org/index.php/jirpl/article/view/275 <p>The unequal position between insurance policy holders and insurance companies as applied to standard agreements, causes the function of legal protection for insurance policy holders to be questioned. One of the institutions that has the authority and functions to provide legal protection is the Financial Services Authority (OJK) as regulated in Law Number 21 of 2011 Article 55 paragraph (1). The transfer of risk in an insurance agreement is carried out in return for a premium payment by the insured which is deemed commensurate with the risk that must be insured, although the claim payment as fulfillment of performance is not necessarily equal to the premium amount. The formulation of the problem discussed is: What are the effects of Insurance Company Bankruptcy Law on Insurance Engagements? What are the responsibilities of an insurance company experiencing bankruptcy towards policy holders to obtain their rights in accordance with the agreement? What are the legal remedies for policyholders in the bankruptcy process? The research method used is a normative juridical method, namely analyzing legal issues, facts and other legal phenomena related to the legal approach, then obtaining a comprehensive picture of the problem to be studied. Based on the research results, the author concludes that the legal consequences of the bankruptcy of an Insurance Company give the Policy Holder the right to receive priority in receiving their rights to the distribution of their assets over other parties, and the responsibility of the company in the insurance sector which has been declared bankrupt to the holder's claim. policy from the insurance sector in the bankruptcy process, the directors have responsibilities during the bankruptcy process, from before until after the Company is declared bankrupt.</p> Laode Man Mahatma Copyright (c) 2024 Laode Insan Mahatma https://creativecommons.org/licenses/by-sa/4.0 2024-06-29 2024-06-29 5 3 500 510 10.56371/jirpl.v5i3.275 CORPORATE CRIMINAL LIABILITY IN ENVIRONMENTAL POLLUTION CRIMES https://ejournal.aissrd.org/index.php/jirpl/article/view/274 <p>Environmental law is a set of regulations that regulate the protection and management of the environment. Environmental protection and management is a systematic and integrated effort carried out to preserve environmental functions and prevent environmental pollution and/or damage through structuring, utilization, control, maintenance, supervision and law enforcement.The problems in this journal are:What is the criminal responsibility of corporations as perpetrators of criminal acts of environmental pollution and how?efforts to overcome environmental pollution resulting from criminal acts of environmental pollution committed by corporations.The research method was carried out by methodnormative legal research/normative juridical legal research. This research was conducted to identify the application of corporate criminal responsibility teachings in criminal law enforcement. Based on this research, it can be understood that corporate criminal acts in the environmental sector have widespread and complex negative impacts so that they not only cause direct losses to society and the environment but also disrupt the financial and economic stability of the country, considering that environmental criminal acts are carried out with economic motives. The impact on society includes material losses, health and safety problems, and social and moral losses, namely damage to public trust in business behavior. Administrative environmental law functions to resolve the problem of their actions (environmental pollution), civil environmental law functions to provide legal protection to victims of pollution, and criminal environmental law functions to resolve the problem of polluters (perpetrators of pollution).</p> Deny Setiawan Warasman Marbun Arief Patramijaya Copyright (c) 2024 Deny Setiawan, Warasman Marbun, Arief Patramijaya https://creativecommons.org/licenses/by-sa/4.0 2024-06-29 2024-06-29 5 3 511 520 10.56371/jirpl.v5i3.274 APPLICATION OF CRIMINAL RESPONSIBILITY LAWS FOR OFFENDERS PARTICIPATING IN NARCOTICS ABUSE https://ejournal.aissrd.org/index.php/jirpl/article/view/276 <p>The consequences caused by narcotics abuse are very detrimental to the continuity of life of the younger generation as the majority, which ultimately impoverishes a country because it does not have a quality next generation to replace the generation that has entered retirement age. The problem is : How is the application of the law on criminal liability for perpetrators who participate in narcotics abuse (Case Study of Decision Number 46/Pid.Sus/2017/PN Mln and Decision Number 89/Pid.B/2015/PN Mam ? How do judges consider decisions regarding perpetrators who participate? narcotics abuse (Decision Number 46/Pid.Sus/2017/PN Mln and Decision Number 89/Pid.B/2015/PN Mam )? The research method used is normative legal research. The conclusion is that participating in Indonesian narcotics criminal law is an act that can be punished as considered by the panel of judges in decision Number 46/Pid.Sus/2017/PN Mln and Decision Number 89/Pid.B/2015/PN Mam and the basis for the judge's consideration is that it can be analyzed, namely considering all aspects related to the main case that occurred and then looking for statutory regulations that are relevant to the main disputed case as a legal basis. in rendering a decision.</p> IGM Seli Pudjawijaya Siswantari Pratiwi Mardani Copyright (c) 2024 IGM Seli Pudjawijaya, Siswantari Pratiwi, Mardani https://creativecommons.org/licenses/by-sa/4.0 2024-06-29 2024-06-29 5 3 521 530 10.56371/jirpl.v5i3.276 EFFECTIVENESS OF THE CRIMINAL ACTION OF COLLECTIVE PROPERTY LAND CLAIMS https://ejournal.aissrd.org/index.php/jirpl/article/view/277 <p>The act of illegally grabbing land is an act that can be classified as a criminal act. Land grabbing will harm other parties, so the perpetrators can be prosecuted with criminal legal instruments. Land grabbing in reality in Indonesia is something that is difficult to avoid, especially in metropolitan areas, where empty land is increasingly difficult to find but more and more immigrants are arriving to risk their fate even though they do not have a clear place to live or relatives and this is what drives this. There are many cases of grabbing of state land and land controlled by individuals or companies. The formulation of the problem is: What is the ratio decidendi made by the judge in making considerations regarding the decision in the criminal case of land grabbing as contained in Decision Number 4/Pid.C/2021/PN.Sdr and Decision Number 05/Pid.C/2016/PN.BS? and What is the effectiveness of the land grabbing crime carried out by the perpetrators in Decision Number 4/Pid.C/2021/PN.Sdr and Decision Number 05/Pid.C/2016/PN.BS?. The research method used is normative legal research. The results of the research show that the Ratio Decidendi is made by the judge in making considerations regarding the decision in the case of criminal land grabbing as contained in Decision Number 4/Pid.C/2021/Pn.Sdr and Decision Number 05/Pid.C/2016/Pn.Bs In of the two decisions explained, it can be concluded that these are the main points or reasons that form the basis of the judge's ratio decidendi decision in deciding the case and the effectiveness of the crime of land grabbing carried out by the perpetrators, as explained in the Both decisions show great attention to the protection of the rights of legal land owners. In analyzing the effectiveness of criminal land grabbing, it was found that the legal system must continue to develop to overcome existing challenges and weaknesses.</p> Boy Fernanda Malau Siswantari Pratiwi Mardani Copyright (c) 2024 Boy Fernanda Malau, Siswantari Pratiwi, Mardani https://creativecommons.org/licenses/by-sa/4.0 2024-06-29 2024-06-29 5 3 531 538 10.56371/jirpl.v5i3.277 LEGAL PROTECTION OF CUSTOMERS/INVESTORS FROM FRAUD CRIMES COMMITTED BY INDIVIDUALS AND NON-BANK FINANCIAL INSTITUTIONS https://ejournal.aissrd.org/index.php/jirpl/article/view/278 <p>Illegal investment activities are carried out by collecting funds from the wider community by deviating or even avoiding banking regulations, which are activities that use public facilities to carry out their business activities. Thus, it is necessary to look at the authority that the Financial Services Authority has in providing protection for the public against Illegal Investment activities. The practice of moral hazard in Illegal Investment activities occurs because of the weak supervision system of financial institutions. Problem Formulation What are the factors that cause the crime of illegal investment fraud? What is the legal protection for customers of non-bank financial institutions who carry out collection activities without permission from Bank Indonesia and the OJK? The research method used is normative juridical, the results of this research are factors that cause the occurrence of criminal acts of illegal investment fraud, such as a lack of public awareness of the financial sector, especially legal investments, and the bad luck of those who seek high profits while ignoring the risks and legal protection for institutional customers. Non-Bank Finance Carrying Out Collection Activities Without Permission from Bank Indonesia and OJK Finance is a mechanism for legal protection of customers, namely by pursuing civil and general criminal charges.</p> Hadi Wicaksono Siswantari Pratiwi Saefulloh Copyright (c) 2024 Hadi Wicaksono, Siswantari Pratiwi, Saefulloh https://creativecommons.org/licenses/by-sa/4.0 2024-06-29 2024-06-29 5 3 539 543 10.56371/jirpl.v5i3.278 THE CRIME OF TREASON COMMITTED JOINTLY FROM THE PERSPECTIVE https://ejournal.aissrd.org/index.php/jirpl/article/view/279 <p>In general, treason is an action carried out by a person or group of citizens by questioning the legal order that applies in a country. They took this action because of dissatisfaction with the administration of government, so that citizens carried out various actions that were against the law. Or it can be said to be a discrepancy between an individual or group of people and government regulations. The problems in this journal are how to prove unlawful acts committed jointly by the perpetrators of the crime of treason (Aanslag) in crimes that threaten state security and how each perpetrator of treason is held accountable in the judge's decision in Decision Number 23/PID/2020 /PT.AMB and Decision Number 24/PID/2020/PT. AMB. The research method is carried out using the normative legal method because it describes the applicable laws and regulations and is linked to legal theories in the practice of implementation related to problems that will be researched using this method as well, it will describe/describe the facts that actually occur as reflection of the implementation of statutory regulations and legal principles linked to legal theories and implementation practices. Based on this research, it can be understood that the benchmark for determining whether an act is considered treason is an act that is indicated to endanger the head of state or head of government so that the head of state or head of government is unable to carry out his duties properly. The criminal liability of the perpetrators of the crime of treason is joint responsibility based on Article 106 of the Criminal Code in conjunction with Article 55 paragraph (1) 1 of the Criminal Code, namely those who committed, ordered to commit, and participated in committing the criminal act.</p> Gapung Wijanarko Siswantari Pratiwi Parbuntian Sinaga Copyright (c) 2024 Gapung Wijanarko, Siswantari Pratiwi, Parbuntian Sinaga https://creativecommons.org/licenses/by-sa/4.0 2024-06-29 2024-06-29 5 3 544 552 10.56371/jirpl.v5i3.279 LEGAL PROBLEMS IN INDEPENDENCE REPRESENTING OPINIONS IN PUBLIC AND SOCIAL MEDIA AS DEFAMATION https://ejournal.aissrd.org/index.php/jirpl/article/view/253 <p>Identify legal problems that arise related to the freedom to express opinions in public and on social media as a potential for preventing defamation according to Law Number 19 of 2016 concerning Amendments to Law of the Republic of Indonesia Number 11 of 2008 concerning Information and Electronic Transactions. This research is a conflict between freedom of opinion and protecting an individual's good name in the context of existing regulations. The research method used is normative juridical analysis or reviewing existing legal documents and reviewing related literature. The research results show the complexity of interpreting the law, which requires a balance between freedom of expression and protection of individual honor. The implication of this research is the need for careful and contextual interpretation of laws to avoid abuse and maintain a balance between individual rights and societal interests in the digital space.</p> Joni Nanang Narundana Copyright (c) 2024 Joni Nanang Narundana https://creativecommons.org/licenses/by-sa/4.0 2024-06-16 2024-06-16 5 3 553 557 10.56371/jirpl.v5i3.253 STATE AUTHORITY FOR HEALTH SERVICES FOR PATIENTS IN INDIGENT STATUS https://ejournal.aissrd.org/index.php/jirpl/article/view/257 <p>The objective of this research is to determine the legal framework regarding the role of the state in providing health services and to identify the legal safeguards available to impoverished individuals seeking healthcare in hospitals. This research employs normative juridical research methods, which involve a statutory and conceptual approach. The findings of this study indicate that the state's responsibility in fulfilling the right to health, as outlined in Law No. 17 of 2023 on Health and Law No. 24 on the Social Security Agency for Health (BPJS), lacks consistency in terms of the essence and substance of state responsibility. It has been demonstrated that there are still a significant number of economically disadvantaged individuals in Indonesia who qualify as recipients of contribution assistance (PBI). Additionally, patients are currently lacking legal protection in relation to their entitlement to receive services at a hospital, as stipulated in Article 189 of Law number 17. This refers to the state's obligation to ensure the right to health by offering sufficient and easily accessible healthcare facilities for all segments of the population. The state bears the primary obligation to ensure the fulfilment of its citizens' right to health as mandated by the constitution. States shall prioritise and ensure the realisation of the right to health without any kind of neglect or disregard.</p> Betty Yunita Sari Mokhamad Khoirul Huda Ninis Nugraheni Copyright (c) 2024 Betty Yunita Sari, Mokhamad Khoirul Huda, Ninis Nugraheni https://creativecommons.org/licenses/by-sa/4.0 2024-06-16 2024-06-16 5 3 558 567 10.56371/jirpl.v5i3.257 LEGAL RESPONSIBILITIES OF THE INDEPENDENT INSTITUTION AS THE ASSESSOR OF ACCREDITATION OF GOVERNMENT HOSPITALS https://ejournal.aissrd.org/index.php/jirpl/article/view/265 <p>There are still cases of hospital accreditation manipulation, highlighting the importance of the existence of independent institutions as assessors of government hospital accreditation. Therefore, two research questions arise: the regulation of independent institutions as assessors of government hospital accreditation and the administrative legal accountability of independent institutions as assessors of government hospital accreditation. This study is a normative legal research employing several approaches, including legislative approach, conceptual approach, and comparative approach. The results show that the authorization given to independent institutions in accrediting hospitals is regulated by Law Number 17 of 2023 concerning Health, aiming to create consistency, harmony, systematicity, and synchronicity in efforts to improve the quality of health services. These provisions are reinforced by regulations such as the Hospital Law, Minister of Health Regulation Number 12 of 2020, and Minister of Health Decree Number HK.01.07/MENKES/406/2020 jo. Minister of Health Decree Number HK.01.07/MENKES/6604/2021, and Minister of Health Decree Number HK.01.07/MENKES/1128/2022, demonstrating the accountability, consistency, and systematic nature of the legal basis needed. The administrative legal accountability of independent institutions as assessors of government hospital accreditation has administrative legal consequences, namely the revocation of the Minister of Health's decree that approves their status as hospital accreditation providers.</p> Tamima Izzat Nabella Asmuni Asmuni Budi Pramono Copyright (c) 2024 Tamima Izzat Nabella, Asmuni Asmuni, Budi Pramono https://creativecommons.org/licenses/by-sa/4.0 2024-06-29 2024-06-29 5 3 568 577 10.56371/jirpl.v5i3.265 APPLICATION OF RESTORATIVE JUSTICE IN EFFORTS TO RECOVER THE RIGHTS OF CHILD DEFENDERS WHO HAVE BEEN SENTENCED TO EXCEPTION https://ejournal.aissrd.org/index.php/jirpl/article/view/281 <p>Criminal justice legal regulations regarding child perpetrators of criminal acts of abuse have been implemented with diversion in the case of Decision Number 5/Pid.Sus-Anak/2022/PN JKT.PST so that child defendants are returned to their parents and Decision Number 24/Pid.Sus-Anak /2021/PN Jkt. Brt. by prosecutors and judges who do not apply diversion is indeed in accordance with the provisions of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System Article 7 (2). However, this is not in accordance with the principles of protection and prioritizing the best interests of the child's future and growth and development as stipulated in Law Number 35 of 2014 concerning Amendments to Law No. 23 of 2002 Articles 4 to Article 18 concerning Child Protection. The judge took diversion steps to uphold children's rights as regulated in Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection. Restoration of the rights of accused child perpetrators of abuse who have been sentenced to acquittal with restorative justice efforts (Case study of Decision Number 5/Pid.Sus-Anak/2022/PN JKT.PST and Decision Number 24/Pid.Sus-Anak/2021/PN Jkt. Brt is not appropriate where the judge does not carry out diversion which should be mandatory for criminal court cases involving children who are in conflict with the law to take diversion steps to carry out the diversion process so that children can resolve cases outside the court which is an embodiment of Article 59 of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection.</p> Vita Rukmawati Copyright (c) 2024 Vita Rukmawati https://creativecommons.org/licenses/by-sa/4.0 2024-06-30 2024-06-30 5 3 578 593 10.56371/jirpl.v5i3.281 LAW ENFORCEMENT AGAINST PERFORMERS OF THE CRIME OF MONEY LAUNDERING RESULTING FROM CRIMINAL ACTS OF FRAUD OR EMBEZZER https://ejournal.aissrd.org/index.php/jirpl/article/view/280 <p>The crime of money laundering is a crime that has a distinctive characteristic, namely, this crime is not a single crime but multiple crimes. This crime is characterized by the form of money laundering, which is a crime that is a follow-up crime or continuing crime, while the main crime or original crime is called a predicate offense or core crime or there are countries that formulate it as an unlawful activity, namely an original crime that produces money and then carries out the laundering process. The crime of money laundering can be seen in Article 1 of Law Number 8 of 2010 which explains that money laundering is any act that fulfills the elements of a criminal act in accordance with the provisions of this law. The problem taken is regarding the proof of the crime of money laundering which is related to the predicate crime. As well as law enforcement against perpetrators of money laundering crimes resulting from criminal acts of fraud or embezzlement. The research method that the author uses is normative juridical research. The conclusion obtained is that the evidence in Law Number 8 of 2010 is one of the anti-money laundering crime efforts which is specifically at the stage of evidence at trial, with efforts to accommodate difficulties at the stage of proving the crime of money laundering and law enforcement against the crime of money laundering is still ongoing. there are obstacles both in terms of substantive law (material law) and in terms of procedural law (formal law) as regulated in Law Number 8 of 2010.</p> Nur Suhartono Mardani Grace Sharon Copyright (c) 2024 Nur Suhartono, Mardani, Grace Sharon https://creativecommons.org/licenses/by-sa/4.0 2024-06-30 2024-06-30 5 3 594 605 10.56371/jirpl.v5i3.280 TRANSFER OF AUTHORITY OF THE INDONESIAN MEDICAL COUNCIL TO ISSUE REGISTRATION CERTIFICATES FOR MEDICAL PERSONNEL https://ejournal.aissrd.org/index.php/jirpl/article/view/283 <p>This research aims to analyse the basic legal ratio of the authority of the Indonesian Medical Council in issuing Registration Certificates for medical personnel and to analyze the legal consequences of issuing Registration Certificates for medical personnel by the Indonesian Medical Council after the issuance of Law Number 17 of 2023 concerning Health. The research approach used was normative juridical research. The legal materials used were primary and secondary legal materials. The technique for collecting legal materials in this research was by conducting a literature study. The research results showed that after the issuance of Law 17/2023, the central government through the Minister of Health is simplifying the practice requirements for medical personnel by introducing lifetime STR and SIP with the SKP system which is assessed directly by the Minister of Health and Regional Government. The legal consequences are not only a shift in norms, but also the formation of a new council with the latest structure, the SKP requirements shifted from the issuance of STR to SIP, and also the emergence of SKP management authority by the Regional Government c.q. Head of the Regency/City Health Service or Head of the Regency/City Regional Investment and One-Stop Integrated Services</p> Syofini Handayani M. Tauchid Noor Ninis Nugraheni Copyright (c) 2024 Syofini Handayani, M. Tauchid Noor, Ninis Nugraheni https://creativecommons.org/licenses/by-sa/4.0 2024-06-30 2024-06-30 5 3 606 617 10.56371/jirpl.v5i3.283 THE URGENCY OF PUNISHMENT AGAINST CHILDREN OF NARCOTICS ABUSERS https://ejournal.aissrd.org/index.php/jirpl/article/view/289 <p>This research aims to analyze the public prosecutor's considerations in proving the elements of the article so that children are categorized as narcotics providers and the public prosecutor's considerations in proving the elements of the article regarding children as perpetrators of narcotics providers. This research is empirical research carried out at the Sidenreng Rappang District Prosecutor's Office. The data obtained is then processed and analyzed using a qualitative descriptive method, namely a method where data is collected, compiled, interpreted and analyzed so as to provide complete information according to the problems faced. The results of this research are: 1) The child's public prosecutor's considerations in making a child's demand letter pay attention to the best interests and future for the child, then in its implementation it refers to juridical reasons related to applicable legal rules and non-juridical ones related to the child's personal, social, family and environment. children and the impact of children's actions on society and the state, as well as children's attitudes in undergoing the trial process; 2) There is conformity in the demands and decisions regarding the proven element, namely the element of providing, even though the element of control is not included in the judge's consideration as an element that is fulfilled in the proof of the indictment in the child's public prosecutor's claim, so even so, the public prosecutor's claim is proven in the element of providing in Article 112 paragraph (1) and paragraph (2) of Law Number 35 of 2009 concerning Narcotics, this strengthens the position of the claim that the claim is appropriate).</p> R. Reo Handoko Siswantari Pratiwi Ali Johardi Copyright (c) 2024 R. Reo Handoko, Siswantari Pratiwi, Ali Johardi https://creativecommons.org/licenses/by-sa/4.0 2024-06-30 2024-06-30 5 3 618 626 10.56371/jirpl.v5i3.289 LEGAL DEVELOPMENT AND URGENCY OF PERSONAL DATA PROTECTION IN INDONESIA https://ejournal.aissrd.org/index.php/jirpl/article/view/284 <p>This research aims to know and analyze the development of personal data protection law and to know and analyze the urgency of personal data protection in Indonesia. This research is normative juridical research using secondary data. The approaches used are legislative and historical approaches. The data collected is then analyzed qualitatively. Based on the results of the research, it is known that the laws and regulations on personal data protection continue to develop from time to time. The regulation begins with the inclusion of Article 28 G Paragraph (1) in the 1945 Constitution which becomes the legal basis in guaranteeing the rights of every person or owner of personal data and reaches the peak where a special regulation has been formed that specifically regulates the protection of personal data, namely in Law Number 27 of 2022 concerning Personal Data Protection (PDP Law). Previously, the regulation on personal data protection was regulated partially and sectorally, so with the enactment of the PDP Law, there is a special regulation related to personal data protection. In relation to the urgency of personal data protection, personal data is important to protect because along with the development of technology and information, it is easier for violations to occur, including the misuse of personal data. Violations of personal data should be prevented and handled seriously because personal data is very important data related to one's privacy. Protection of personal data can ultimately increase public confidence in providing personal data to support government policies in fulfilling public interests without violating people's personal rights.</p> Yohanes Leonardus Ngompat Mary Grace Megumi Maran Copyright (c) 2024 Yohanes Leonardus Ngompat, Mary Grace Megumi Maran https://creativecommons.org/licenses/by-sa/4.0 2024-06-30 2024-06-30 5 3 627 635 10.56371/jirpl.v5i3.284 Implementasi Pengadaan Barang dan Jasa Ramah Lingkungan/Berkelanjutan pada Pemerintah Provinsi Kalimantan Barat https://ejournal.aissrd.org/index.php/jirpl/article/view/264 <p>Penelitian ini mengkaji implementasi kebijakan Green Public Procurement (GPP) di Kalimantan Barat menggunakan perspektif teori Meter dan Horn (1975). Teori ini menyatakan bahwa implementasi kebijakan akan berhasil jika perubahan kecil dan konsensus tujuan tercapai. Namun, implementasi GPP di Kalimantan Barat belum optimal karena standar kebijakan masih generik, kurangnya kolaborasi antar organisasi, koordinasi yang lemah, dan kurangnya komitmen dari para pelaksana. Penulis mengembangkan Model Implementasi Kebijakan GPP Berkelanjutan yang mencakup dimensi instrumen normatif, sumber daya kebijakan, kegiatan pelaksanaan, dan kepatuhan aktor kebijakan. Model ini menambahkan komponen leadership dan kolaborasi yang penting dalam implementasi kebijakan. Penulis memberikan beberapa saran untuk meningkatkan implementasi GPP, termasuk memperkuat kerangka hukum, memberikan insentif bagi pelaksana kebijakan, menyusun prosedur operasional yang komprehensif, dan menjalin kemitraan dengan akademisi untuk penelitian lebih lanjut.</p> Nur Aliuddin Petrus Nafsiatun Copyright (c) 2024 Nur Aliuddin, Petrus, Nafsiatun https://creativecommons.org/licenses/by-sa/4.0 2024-06-16 2024-06-16 5 3 10.56371/jirpl.v5i3.264 IMPLICATIONS OF REVERSE PROOF AS AN EFFORT TO ERADICATE CRIMINAL ACTS OF CORRUPTION AND RETURN STATE ASSETS https://ejournal.aissrd.org/index.php/jirpl/article/view/254 <p>The crime of corruption is a large and systemic problem and is also a legal issue involving a type of crime that is complicated to overcome. One of the reasons why it is difficult to eradicate corruption is the difficulty of proving it, because the perpetrators of this crime carry out their crimes very neatly. To solve the problem of the difficulty of proving criminal acts of corruption, one of the efforts that can be taken by the government through penal means is to apply reverse evidence to corruption cases. The return of state assets corrupted by the perpetrators must be the main focus, considering that the losses and damage caused are very miserable for the people. For this reason, in connection with the description of the problem above, the author is interested in studying the dynamics of the problem of evidence in cases of criminal acts of corruption which in the end can restore maximum state assets. In this research, the method used is a normative legal research method with a literature study approach with a focus on legal studies which is linked to the effectiveness of reverse evidence. The results of the research are that the evidence in the corruption trials of the four corruption cases has referred to the dimension of mutual proof or balanced evidence between the Public Prosecutor and the defendant, but has not yet maximally applied limited and balanced reverse evidence. So the evidence applied is evidence of a general nature and is based on the theory of negative evidence based on law (<em>negatief wettelijk bewijstheorie</em>), which is regulated in Article 183 of the Criminal Procedure Code.</p> Muh. Rustiawan Ardiansyah Copyright (c) 2024 Muh. Rustiawan Ardiansyah https://creativecommons.org/licenses/by-sa/4.0 2024-06-16 2024-06-16 5 3 10.56371/jirpl.v5i3.254 MEDICAL DISPUTE RESOLUTION BETWEEN PATIENTS AND MEDICAL PERSONNEL AFTER LAW NUMBER 17 OF 2023 CONCERNING HEALTH https://ejournal.aissrd.org/index.php/jirpl/article/view/252 <p><em>Hubungan antara dokter dan pasien terletak pada adanya persetujuan tindakan medis dan perjanjian terapeutik. Pelanggaran terhadap persetujuan tindakan medis atau perjanjian terapeutik dapat berupa perbuatan melawan hukum atau wanprestasi. Dokter dalam melakukan tindakan medis tidak luput dari kesalahan atau kelalaian. Kesalahan atau kelalaian dokter ini dapat juga dikualifikasi sebagai perbuatan melawan hukum. Untuk menentukan ada atau tidaknya kesalahan dokter dalam melakukan tindakan medis, maka pasien berdasarkan ketentuan Pasal 304 jo Pasal 305 ayat (1) Undang-Undang Nomor 17 Tahun 2023 tentang Kesehatan dapat mengadukan ke Majelis Penegakan Disiplin Tenaga Medis dan Tenaga Kesehatan yang dibentuk Menteri Kesehatan. Namun, hingga saat ini mejelis tersebut belum terbentuk sebagaimana maksud dalam Pasal 304 ayat (5). &nbsp;Selanjutnya setelah melewati proses dalam Majelis Penegakan Disiplin Tenaga Medis dan Tenaga Kesehatan, pasien atau keluarganya yang mengalami kerugian akibat tindakan medis maupun tindakan dari tenaga kesehatan harus menyelesaikan&nbsp; perselisihan melalui alternatif penyelesaian sengketa di luar pengadilan. Tata cara alternatif penyelesaian sengketa medis hingga saat ini belum diatur dalam peraturan pemerintah. Bagaimana penyelesaian sengketa medis yang terjadi antara tenaga medis dan pasien? Bagaimana perlindungan hukum terhadap pasien yang menjalani rawat inap di rumah sakit? Metode penelitian yang digunakan adalah penelitian yuridis normatif. Penyelesaian sengketa medis harus dilakukan sesuai dengan ketentuan Pasal 304 dan 310 Undang-Undang Nomor 17 Tahun 2023 tentang Kesehatan. Sementara itu, perlindungan hukum terhadap pasien yang berada di rumah sakit dilakukan berdasarkan ketentuan Pasal 184 jo Pasal 189 Undang-Undang Nomor 17 Tahun 2023 tentang Kesehatan. Apabila terjadi sengketa antara rumah sakit, dokter, dan pasien, maka penyelesaian sengketanya harus diselesaikan melalui Majelis Penegakan Disiplin Profesi Tenaga Kesehatan dan Tenaga Medis serta terlebih dahulu dilakukan penyelesaian perselisihan sebelum ke pengadilan. Ketentuan Pasal 310 membuka peluang adanya pelbagai lembaga mediasi dan arbitrase kesehatan.</em></p> Putu Harry Suandana Putra Ni Putu Yuliana Kemalasari I Gusti Made Maha Putra I Gusti Made Maha Putra Copyright (c) 2024 Putu Harry Suandana Putra, Ni Putu Yuliana Kemalasari, I Gusti Made Maha Putra, I Gusti Made Maha Putra https://creativecommons.org/licenses/by-sa/4.0 2024-06-16 2024-06-16 5 3 10.56371/jirpl.v5i3.252 Enhancing International Cooperation for Ship and Port Facility Security to Address Security Disruptions https://ejournal.aissrd.org/index.php/jirpl/article/view/256 <p>Port security is a crucial component of maritime security that plays a vital role in facilitating economic activity at sea, particularly in the transit of people, commodities, and services. The terrorist assault on September 11, 2001, commonly referred to as 9/11, resulted in the destruction of the twin towers of the World Trade Centre (WTC) in New York, United States. This event served as the catalyst for the adoption of the International Ships and Port Facility Security Code (ISPS Code) across all port facilities. It is desired that acts of terrorism, narcotics smuggling, illegal drug trafficking, piracy, and theft do not take place. The objective of this study is to examine the execution of security system policies, the compliance of port facility facilities and infrastructure, and the necessary measures to regulate and meet these facilities and infrastructure. The ultimate goal is to reduce and prevent potential security risks to port facilities. Several member countries of the International Maritime Organisation (IMO) are driven to amend the international convention, commonly referred to as the International Ship and Port Facility Security Code (ISPS Code), or the International Code pertaining to the security of ships and port facilities, with the aim of guaranteeing the safety of ships and port facilities.</p> Mexi Miano Ubjaan Agung Pramono Budi Pramono Copyright (c) 2024 Mexi Miano Ubjaan, Agung Pramono, Budi Pramono https://creativecommons.org/licenses/by-sa/4.0 2024-06-16 2024-06-16 5 3 10.56371/jirpl.v5i3.256