scholarly journals Changes in Corruption Eradication Commission In Legal Sociology Perspective

Corruptio ◽  
2020 ◽  
Vol 1 (1) ◽  
pp. 40
Author(s):  
Joko Sriwidodo
Keyword(s):  
Current Practice ◽  
State Institution ◽  
Public Trust ◽  
Normative Theory ◽  
Legal Research ◽  
Independent State ◽  
The Public ◽  
Library Research ◽  
Legal Sociology ◽  
Laws And Regulations

The Corruption Eradication Commission is an independent state institution whose job it is to carry out the duties and powers of corruption eradication free from any power. The Corruption Eradication Commission was born during the reign of President Megawati, namely through Law No. 30 of 2002 concerning the Corruption Eradication Commission. In 2019 there was a revision of the Corruption Eradication Commission Law, but the revision was opposed by the public, because the change was seen as likely to weaken the Corruption Eradication Commission. Observing the brief description above, the researcher in this paper wants to raise at least 2 problems, namely; 1), Are the three foundations for the formation and amendment of the Prevailing Laws, namely juridical, philosophical and sociological elements that have been fulfilled in the amendment of the Corruption Eradication Commission Law? 2), is the amendment to the Corruption Eradication Commission Law in accordance with the expectations and realities in society from the perspective of legal sociology? This paper would like to try to provide an overview of the Corruption Eradication Commision and the Amendment to the Corruption Eradication Commision Law, both in the prevailing legal normative theory and in current practice. This research is a normative legal research which is carried out through library research. The discussion in the research, if viewed from the aspect of fulfilling the foundation for the formation and changes of laws and regulations, then the amendments to the Corruption Eradication Commision have fulfilled these aspects, namely philosophical, sociological and juridical aspects in which the Corruption Eradication Commision itself has existed for 17 years in carry out its duties and authorities as an agency to eradicate corruption. Meanwhile, from the perspective of legal sociology, the public does not want any changes to the Corruption Eradication Commision, in which the Corruption Eradication Commision is still the institution of public trust in eradicating corruption in Indonesia.

scholarly journals The COVID-19 Vaccination: Realization on Halal Vaccines for Benefits

2021 ◽  
Vol 5 (1) ◽  
pp. 174
Author(s):  
M Asrorun Niam Sholeh ◽  
Muhammad Ishar Helmi
Keyword(s):  
Rule Of Law ◽  
Research Method ◽  
Medical Personnel ◽  
Legal Research ◽  
The Public ◽  
Library Research

Vaccination is one of the alternatives that has been found to overcome the COVID-19 outbreak. The long-awaited discovery of its reality remains a debate among the public. Various issues continue to emerge, both health-based and religious-based. The refusal is wrapped by questions related to doubts about treatment with vaccination or the halalness of vaccine products. MUI as an institution that is trusted by the public in determining the results of its ijtihad, issues a fatwa number 2 of 2021 concerning vaccines. This paper will conduct related studies regarding the permissibility of using the COVID-19 vaccine from the perspective of fiqh and applicable laws in Indonesia. This study uses a normative legal research method with a rule of law approach and a doctrinal approach, In addition, the data obtained by library research. The results of this study explain that the vaccines used are of course required to use halal and holy vaccines. However, immunization with haram and/or unclean vaccines can be permitted under several conditions, namely when used in an emergency; halal and holy vaccine ingredients have not been found, and there is information from competent and trusted medical personnel that there is no halal vaccine.

scholarly journals Pengaturan Pendaftaran Secara Online Single Submission terhadap Usaha Kecil dan Menengah di Indonesia

2021 ◽  
Vol 4 (1) ◽  
pp. 289-295
Author(s):  
Zaini Munawir ◽  
Sri Hidayani
Keyword(s):  
Government Regulation ◽  
Legal Aspects ◽  
Business Activity ◽  
Legal Research ◽  
Is Research ◽  
Library Research ◽  
Laws And Regulations

The OSS system is aimed at accelerating and increasing investment and making efforts and making it easier for Business Actors, both individuals, and non-individuals. To simplify the registration/management of business activity licenses, for example, the purpose of this study is to determine the background of OSS registration for MSMEs in Indonesia and its implementation in Indonesia. This research is normative legal research. Normative legal research is research that discusses legal aspects, by conducting library research that is oriented towards applicable laws and regulations. Registration is the registration of businesses and/or activities by Business Actors through OSS. Business Actors as referred to in Article 6 of Government Regulation Number 24 of 2018 shall register for business activities by accessing the OSS page as stipulated in Government Regulation Number 24 of 2018 concerning Electronically Integrated Business Licensing Services.

scholarly journals ANALISIS YURIDIS PENYIDIKAN TINDAK PIDANA PORNOGRAFI BERDASARKAN UNDANG-UNDANG NOMOR 44 TAHUN 2008 DI ERA DIGITALISASI

2014 ◽  
Vol 1 (2) ◽  
pp. 169
Author(s):  
Andri Winjaya Laksana ◽  
Suratman Suratman
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Research Method ◽  
Secondary Data ◽  
Criminal Procedure ◽  
Research Library ◽  
Legal Research ◽  
The Public ◽  
Criminal Investigations ◽  
Library Research

Pornography is a crime that is privacy so that enforcement against the eradication of pornography there are many difficulties. One of the factors inhibiting the eradication of pornography among others due to lack of cooperation from the public and the various parties in reporting this crime. Criminal law enforcement have a tendency to be influenced by the structure of society, that is a constraint that allows the criminal law enforcement can be run and can provide barriers that lead to the enforcement of criminal law can’t be started or can't be maximize. As happens to the pros cons on current legislation Law No. 44 Year 2008 concerning the Crime pornography. This research method using normative juridical approach. Normative juridical research also called legal research library research is done by checking library materials or secondary data. The results of the study refers to Article 34 in conjunction with Article 8 of Law No. 44 Year 2008 on Pornography, (1) that the elements of the crime of pornography consists of Subjective elements that error, which means intentionally or consent was committed and objective elements that act ( be) which means that objects or models that contain pornographic content. (2) In the process of criminal investigations conducted pornography remains based on Criminal Procedure unless otherwise provided in the Act No. 44 of 2008

scholarly journals Analisis Terhadap Kendala Perlindungan Konsumen oleh Majelis Permusyawaratan Ulama Aceh Terhadap Sertifikasi Label Halal Produk

2019 ◽  
Vol 8 (4) ◽  
pp. 480
Author(s):  
Sailendra Wangsa ◽  
Sri Walny Rahayu ◽  
M. Jafar
Keyword(s):  
Qualitative Analysis ◽  
Consumer Protection ◽  
Analysis Approach ◽  
Legal Research ◽  
The Public ◽  
Business People ◽  
Guarantee System ◽  
The City ◽  
Legal Sociology ◽  
Banda Aceh

Aceh as a Province that implements Islamic Sharia is required so that every product circulating to be certified halal before being consumed by the public. The task was given to the Aceh Ulama Consultative Assembly through the Institute for the Assessment of Food, Medicine and Cosmetics Aceh Ulama Consultative Assembly (LPPOM MPU) Aceh. In fact in 2017 the discovery of the same noodle products traded in the city of Banda Aceh and not halal certified. This study discusses to explain and analyze the causes of ineffective consumer protection by the Aceh Ulama Consultative Assembly on Samyang Noodle Product Halal Certification Certification. This research is an empirical juridical legal research using a legal sociology approach and a qualitative analysis approach using an inductive mindset. Based on the results of research that prove the obstacles-which cause less effective consumer protection by the Aceh Ulama Consultative Assembly on the certification of halal labels for Samyang noodles are that the Aceh Government has not issued a Governor Regulation which is a derivative of Qanun Number 8 of 2016 concerning the Halal Product Guarantee System. And the socialization of the Qanun has not been communicated to the wider community and business people Aceh sebagai Provinsi yang melaksanakan syariat Islam diwajibkan agar setiap produk yang beredar untuk disertifikasi halal sebelum dikonsumsi oleh masyarakat. Tugas tersebut diberikan kepada Majelis Permusyawaratan Ulama Aceh melalui LPPOM MPU Aceh.. Kenyataanya pada tahun 2017 ditemukannya produk mie samyang yang diperdagangkan di Kota Banda Aceh serta tidak bersertifikasi halal. Penelitian ini bertujuan untuk menjelaskan dan menganalisis hambatan yang menyebabkan kurang efektifnya perlindungan konsumen oleh Majelis Permusyawaratan Ulama Aceh Terhadap Sertifikasi Label Halal Produk mie Samyang. Penelitian ini merupakan penelitian hukum yuridis empiris dengan menggunakan pendekatan sosiologi hukum dan pendekatan analisis secara kualitatif menggunakan kerangka pikir induktif. Berdasarkan hasil penelitian diketahui bahwa hambatan-hambatan yang menyebabkan kurang efektifnya perlindungan konsumen oleh Majelis Permusyawaratan Ulama Aceh terhadap sertifikasi label halal produk mie Samyang yaitu, Pemerintah Aceh belum mengeluarkan Peraturan  Gubernur yang merupakan turunan dari Qanun Nomor 8 Tahun 2016 tentang Sistem Jaminan Produk Halal. Dan belum tersosialisasinya Qanun tersebut kepada masyarakat luas dan para pelaku usaha.

scholarly journals THE NEED FOR PUBLIC INTEREST DEFENCE IN COPYRIGHT LAW DURING THE INFORMATION TECHNOLOGY ERA

2020 ◽  
Vol 5 (19) ◽  
pp. 107-117
Author(s):  
Ahmad Shamsul Abd Aziz ◽  
Nor Azlina Mohd Noor ◽  
Khadijah Mohamed
Keyword(s):  
Information Technology ◽  
Public Interest ◽  
Copyright Law ◽  
Copyright Owner ◽  
Legal Research ◽  
The Public ◽  
Legal Provisions ◽  
Library Research ◽  
Theory Of Information ◽  
Special Provision

In the age of information technology, copyright law contends with a new challenge. Owing to this, various challenges of regulating copyright infringement on the Internet need to be tackled. Copyright law has its intent in the public interest. Nevertheless, it should not forfeit the rights of the copyright owner. Therefore, a balance must be maintained in preserving copyright owners ' rights while, at the same time, the work can be used by the public. This is so as the public interest in Malaysia is not rendered as a special provision pertaining to entitlements under the Copyright Act 1987. Still, certain legal provisions in the Copyright Act 1987 include the term of public interest. In arguing the need to offer public interest in copyright law especially in the era of information technology, this article discusses the theory of public interest and the theory of information technology. Via library research, this article uses the legal research method. This article concludes that while there is no specific provision as regards the public interest in Copyright Act 1987, it does not in itself oppose Article 8 of the TRIPS Agreement because the public interest is being impliedly considered in the defense of copyright. Therefore, there is no need to create specific provisions as the current defenses of copyright are appropriate and the court may decide whether the use of such remedies is allowed or not.

scholarly journals Kewenangan Kepolisian Daerah Bali dalam Penegakan Hukum Terhadap Aksi Unjuk Rasa yang Anarkis

2021 ◽  
Vol 2 (3) ◽  
pp. 575-581
Author(s):  
I Nyoman Budiantara ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Nyoman Sutama
Keyword(s):  
Law Enforcement ◽  
Freedom Of Expression ◽  
Police Chief ◽  
Legal Certainty ◽  
Legal Research ◽  
The Public ◽  
Inhibiting Factors ◽  
The Right ◽  
National Police ◽  
Laws And Regulations

Freedom of expression in public is the right of every citizen which is protected by law. There are several principles that must be followed in expressing opinions in public, namely the principle of balancing rights and obligations, deliberation and consensus, legal certainty and justice, proportionality, and benefits. However, the fact is that demonstrations are often carried out in an anarchic manner. The purpose of this study is to determine the authority of the Bali police in law enforcement against anarchic demonstrations, and to find out the obstacles faced by the Balinese police in dealing with demonstrations. This study uses empirical legal research because of the gap between theory and reality. The results of the research that the authority of the Bali Regional Police in law enforcement against anarchist demonstrations refers to Law/8/1998 and the National Police Chief Regulation No. Pol. 16 of 2006, as well as Protap No. PROTAP/1/X/2010. Barriers to the Bali Police in dealing with anarchic demonstrations are divided into internal inhibiting factors such as knowledge, emotions, and delays in information. The external such as no permission to protest, influenced by alcohol. To the public, to always comply with the laws and regulations in terms of demonstrations.

scholarly journals Dualisme Penerapan Hukum Bagi Pelaku Kekerasan Seksual Terhadap Anak di Provinsi Aceh

2019 ◽  
Vol 9 (1) ◽  
pp. 142-167
Author(s):  
Amarina habibi
Keyword(s):  
Child Protection ◽  
Research Data ◽  
Sexual Offence ◽  
Absolute Power ◽  
The Public ◽  
Library Research ◽  
Laws And Regulations

Act Number 35, 2014 on Child Protection (UUPA) and Qanun (provincial law) Aceh Number 6, 2014 regarding  Qanun Jinayat has given rise to legal dualism. Both laws and regulations govern the same case in the jurisdiction of Aceh, so that it can cause problems in its enforcement. This research applies primary, secondary and tertiary legal sources. This research uses the statue approach. Library research data are then analyzed from secondary and tertiary legal sourcesby using deductive method.The research shows that the enforcement of absolute power at the judicial institutions relating the trial of the sexual offence towards children cases in Aceh, the Public Court, which is granted its power under the UUPA,is privilege compared to Syar’iyah Court, which is having its power from Qanun Jinayat. The reasons for this are as following: a) the punisment in the UUPA is more serious and cumulative, while in Qanun Jinayat is more lenient and alternative; b) UUPA regulates specific things regarding child cases, while Qanun Jinayat is general; c) the enforcement of UUPA together with its changes is still facing hurdles, and there is also the enactment of Qanun Jinayat; d) there are problems in regards with lack of facilities of the detentions and budget during the process of the cases and there is an absent of the cooperation between correctional center for the convicted under the Qanun Jinayat; e) judges in the Public Court mostly already have certificates in dealing with child case compared to   Syar’iyah Court. This research found that the later court judges have not had any certificate yet. The enforcement of punishment towards the perpetrators in Aceh mostly tried under the UUPA compared to using Qanun Jinayat as it provides more justice for victims.

scholarly journals ARRANGEMENT OF AUTHORITIES AND MECHANISM FOR CANCELLATION OF VILLAGE REGULATIONS IN THE FRAMEWORK OF VILLAGE AUTONOMY IN INDONESIA

2021 ◽  
Vol 7 (1) ◽  
pp. 82
Author(s):  
Eddy Asnawi ◽  
Yasrif Yakub Tambusai ◽  
Andrew Shandy Utama
Keyword(s):  
Public Interest ◽  
Government Regulation ◽  
Legal Research ◽  
The Public ◽  
Article 9 ◽  
Consultative Body ◽  
Sense Of Justice ◽  
The Village ◽  
Laws And Regulations

Village regulations are statutory regulations established by the village headman after being discussed and agreed with the Village Consultative Body. This study aims to explain the arrangement of authority and the mechanism for canceling village regulations within the framework of village autonomy in Indonesia. The method used in this research is normative legal research, using a statutory approach. Law Number 6 of 2014 concerning Villages regulates the formation of village regulations, but does not regulate the cancellation of village regulations. The cancellation of village regulations is instead regulated in Article 87 of Government Regulation Number 43 of 2014 concerning Implementing Regulations of Law Number 6 of 2014 concerning Villages, which states that village regulations and village head regulations are contrary to the public interest and/or the provisions of laws and regulations that higher is canceled by the regent/mayor. This provision is contrary to Article 9 paragraph (2) of Law Number 12 of 2011 concerning the Establishment of Legislation and is not in accordance with the village autonomy framework as regulated in Law Number 6 of 2014 concerning Villages. The mechanism for canceling village regulations should be carried out through an expanded Village Consultative Body meeting because it is considered to have a sense of justice and the spirit of democracy and is a form of implementation of village autonomy.

scholarly journals THE ROLE OF THE COMMUNITY IN THE FRAMEWORK OF PREVENTION AND ERADICATION OF CORRUPTION IN THE PERSPECTIVE OF LAWS IN INDONESIA

2019 ◽  
Vol 2 (2) ◽  
pp. 47-58
Author(s):  
Yulia Monita ◽  
Elizabeth Siregar ◽  
Dheny Wahyudi
Keyword(s):  
Law Enforcement ◽  
Community Participation ◽  
Active Role ◽  
Legal Research ◽  
Legal Norms ◽  
The Public ◽  
Materials Used ◽  
Laws And Regulations

Law Enforcement Problems including corruption, both prevention and eradication of corruption are not only the duty of law enforcers, but the duties of all parties including the public, community participation in the prevention and eradication of corruption have been regulated in many laws and regulations in Indonesia, this matter is interesting in detail, whether the regulation of community participation is still not appropriate so that the public does not know it or still needs a deeper analysis of the provisions of the articles on community participation so that the community is more optimal in playing an active role in efforts to prevent and eradicate corruption. Based on the explanation, the problem in this research is: How are the Settings and Forms of Community Participation in the Prevention and Eradication of Corruption in the Perspective of Laws in Indonesia? To answer this problem, the type of research used in this study is the type of normative legal research that is a type of research that examines matters that are theoretical, principles, conceptions, legal doctrines and legal norms relating to community participation in the framework of prevention and combating corruption in the perspective of legislation in Indonesia. While the legal materials used are primary, secondary and tertiary legal materials. The results of this study will analyze legally the rules and forms of community participation in the prevention and eradication of criminal acts of corruption in various laws and regulations in Indonesia. There are several regulations that still need to be improved in the formulation of norms so that they can be more understood and understood by the public. Recommendations from this research are the arrangement and forms of community participation in the prevention and eradication of criminal acts of corruption in various laws and regulations in Indonesia must have a good norm formulation and need to be socialized to the public so that people know and participate, so the formulation of norms in the legislation is not only contained in legislation but can be applied by the community in the context of preventing and eradicating criminal acts of corruption in the perspective of legislation in Indonesia.

scholarly journals STRATEGI KOMUNIKASI KPID JAWA TIMUR DALAM PENCEGAHAN PENYEBARAN VIRUS CORONA

KOMUNIKE ◽  
2020 ◽  
Vol 12 (2) ◽  
pp. 146-166
Author(s):  
Amalia Rosyadi Putri ◽  
Ellyda Retpitasari
Keyword(s):  
Public Sphere ◽  
Media Literacy ◽  
State Institution ◽  
Phenomenological Approach ◽  
Communication Strategy ◽  
Talk Shows ◽  
Independent State ◽  
Broadcast Media ◽  
The Public ◽  
Television Broadcasting

This research is motivated by a phenomenon that occurred in early March 2020, the Indonesian people were shocked by the Corona pandemic outbreak, this outbreak originating from China, finally infecting Indonesian society. Broadcast media, both television and radio, are competing to broadcast the Corona outbreak. Indonesian Broadcasting Commission (KPID) East Java as an independent state institution participates in overcoming panic and efforts to prevent the Corona outbreak. The purpose of this study is to describe and find out the communication strategy of the KPID East Java in preventing the spread of the Corona outbreak. The theory used is the analysis of The Pervasive Presence. The method used is qualitative using a phenomenological approach. The results of this study found that the communication strategy of the KPID East Java in dealing with the spread of the Corona outbreak consisted of three strategies, namely by live talk shows on television and radio, distributing circulars to radio and television broadcasting institutions throughout East Java via email and WhatsApp, and publication of information through social media and public sphere, namely the KPID East Java Instagram. These three communication strategies are part of the task of the KPID East Java in supervising broadcasting institutions and media literacy to the public.

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