scholarly journals REFORMULASI PENYEDIAAN RUANG ASMARA SEBAGAI UPAYA PEMENUHAN KEBUTUHAN SEKSUAL HAK-HAK NARAPIDANA DI LEMBAGA PERMASYARAKATAN (SUATU WACANA PENGATURAN)

2019 ◽  
Vol 4 (1) ◽  
pp. 41
Author(s):  
JT Pareke
Keyword(s):  
Research Method ◽  
Government Regulation ◽  
Secondary Data ◽  
Sexual Rights ◽  
Correctional Institution ◽  
Correctional Institutions ◽  
Human Right ◽  
Sexual Activities ◽  
Sexual Deviations ◽  
Long Time

Abstract: The results of the study done in the Correctional Institution conducted by the Center of the Study and Development of Kemenkumham Policy for 3 months (4 May-6 August 2009) in 6 Provinces throughout Indonesia, found that the deviation of prisoners' sexual behavior varies greatly from object to object. The study was conducted to 326 prisoners, 108 respondents consisting of Head of Prison, Head of Coaching, Head of Security and discipline, head of coaching and education, and Guardian Prisoners, and 22 people including prisoners' families showed the results: 81 percent or 264 prisoners said they felt uncomfortable when their biological needs are not fulfilled. There are 78 percent or 244 prisoners often fantasize sex, 171 prisoners or 57 percent masturbate and 52 percent or 169 prisoners conduct deviant sexual activities. The above problems show a very different situation from the good and ideals objectives initiated by Sahardjo since the beginning of the establishment of Correctional institution as an institution of guidance, ethics and honor. The two cases above have shown enough that sexual deviations that occur in prisons are in a very alarming stage. Given that the main correctional function is as a process of fostering prisoners when reintegrating with social societies The research method uses doctrinal research methods, which are preliminary studies using a literary approach, in the form of secondary data consisting of primary, secondary and tertiary legal materials. The author finds facts of sexual deviation and the concept of sexual rights in a Human Right perspective, the author argues that reformulation of the provision of romance as an effort to fulfill the sexual needs of prisoners 'rights, the state must fulfill and protect it in the context of prisoners' protection. Reformulation in question without the need to change Law No. 12 year 1999 as the basis of the arrangement, because if the choice is taken as we can understand together that normatively legal politics requires a long time and process. Reformulation of the provision of romance spaces in correctional institutions can use the choice of legal products of Government Regulation as stated in Article 14 verse (2) of Law No. 12 year 1995.Keywords: Romance Room, Sexual Rights Needs, Prisoners.

scholarly journals Implementation of Immigration Supervision Refugees at Community House In Under Control Supervision of Immigration Detention House Jakarta

2019 ◽  
Vol 1 (1) ◽  
pp. 13-33
Author(s):  
Asto Yudho Kartiko ◽  
Jennifer Cecilia Telaumbanua ◽  
Tsaltsa Syah Putri
Keyword(s):  
Data Collection ◽  
Special Needs ◽  
Research Method ◽  
Government Regulation ◽  
Secondary Data ◽  
Health Condition ◽  
Poor Health ◽  
Immigration Detention ◽  
Legal Norms ◽  
Immigration Control

Indonesia is one of the countries that has not ratified the 1951 Convention on refugees but that does not prohibit refugees from coming and getting protection in Indonesia because based on the prevailing constitution, Indonesia has the responsibility to handle refugees and carry out immigration control over them. With the existence of Government Regulation Number 125 of 2016 concerning Handling of Refugees from Abroad, immigration plays a role in collecting data, placing, monitoring, and returning refugees to their home countries or third countries. Supervision is an important action taken in dealing with refugees while in Indonesia. Refugees who have received approval from UNHCR and have special needs will be placed in the Community House. The formulation of the problem in this study is how to implement immigration control for refugees in the Jakarta Community House and what obstacles are found in conducting surveillance. The purpose of this research is to find out how the implementation of immigration control carried out on refugees in Community House Jakarta. The research method used is normative empiris, using primary and secondary data, studying and evaluating phenomena about refugees and legal norms related to refugees and immigration control obtained from literature and law, then analyzed to get conclusions. So it can be explained that the implementation of immigration control of refugees at the Jakarta Community House is carried out by means of attendance and data collection on refugee identification cards and stamps and signatures of Jakarta Rudenim officers. The obstacle to monitoring at the Community House is that there is still conflict between the refugees and the refugee's poor health condition.  

scholarly journals MEDIASI SEBAGAI UPAYA PENYELESAIAN PERKARA YANG BERSIFAT KOOPERATIF

GANEC SWARA ◽  
2021 ◽  
Vol 15 (1) ◽  
pp. 897
Author(s):  
I WAYAN SUWANDA
Keyword(s):  
Research Method ◽  
Low Cost ◽  
Secondary Data ◽  
Judicial System ◽  
Primary Data ◽  
Legal Research ◽  
Complex Needs ◽  
Study Approach ◽  
Efficiency And Effectiveness ◽  
Long Time

      It is estimated that the judicial system will not be able to meet the increasingly complex needs of society. This estimate is based on facts in the field. Dispute resolution through courts is considered too convoluted, takes a long time, and is inefficient for businesses that emphasize efficiency and effectiveness. Besides, the court's decision does not satisfy the parties. The principle of simple, fast, low-cost justice is still only a slogan.      Answering this problem, a study is conducted using the empirical normative legal research method with a study approach based on statutory regulations, conceptual approaches, and case approaches. Types and sources of data used in this study are primary data and secondary data with data collection techniques through document study and interviews, where the data obtained will be analyzed qualitatively deductively. Based on the results of research and discussion, it was found that mediation as a solution to the settlement of cases, both in court and outside the court, is cooperative

scholarly journals Kesiapan Lapas Kelas I Bandar Lampung Dalam Menghadapi Bencana Alam

Wajah Hukum ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 314
Author(s):  
Ganda Aulia Wicaksana ◽  
Padmono Wibowo
Keyword(s):  
Occupational Safety ◽  
Geographical Location ◽  
Secondary Data ◽  
Occupational Safety And Health ◽  
Primary Data ◽  
Correctional Institution ◽  
Correctional Institutions ◽  
Safety And Health ◽  
Sense Of Security ◽  
Evacuation Routes

The condition of correctional institutions in Indonesia which is currently over capacity or overcapacity as well as the geographical location of Indonesia which is surrounded by dozens of active volcanoes which are also in the zone or ring of fire area which makes the condition of the Indonesian state very dangerous and prone to disasters. However, there are still many lack of employee awareness regarding work accidents and a lack of Occupational Safety and Health signs in the correctional Technical Implementation Unit. So that it caused a lot of riots in the correctional institutions because of the disaster. The purpose of this study discusses the factors that cause accidents in prisons, the implementation of evacuation routes in prisons and a review of the implementation of evacuation routes in prisons. The method used in this research is descriptive method with a qualitative approach, the data sources obtained are field observations, interviews and literature studies. Data collection techniques are direct observation and interviews as primary data and literature studies and theory studies as secondary data. This research was conducted at the Class I Correctional Institution in Bandar Lampung. The results of this study are to be able to find out the factors that cause accidents in prisons, to find out the implementation of evacuation routes in prisons and to be able to evaluate the implementation of safety for natural disasters and other disasters based on the results of implementing the evacuation routes in prisons and the mechanisms for implementing evacuation routes. as the readiness of a correctional institution in dealing with, anticipating and preventing disasters. This study discusses the importance of fulfilling occupational safety and health signs in the form of evacuation routes to provide a sense of security and safety at work. This research also discusses the implementation of occupational safety and health signs as the fulfillment of the rights of prisoners. So that this research is expected to make people's views about prisoners not always negative and change people's views on the life of prisoners in prisons.

scholarly journals Food Service for Convicts in Correctional Institutions According to Laws and Regulations and Islamic Sharia

2021 ◽  
Vol 21 (4) ◽  
pp. 435
Author(s):  
Ahyar Ahyar
Keyword(s):  
Islamic Law ◽  
Correctional Officers ◽  
Food Service ◽  
Secondary Data ◽  
Sociological Research ◽  
Correctional Institution ◽  
Correctional Institutions ◽  
Sharia Law ◽  
Adequate Food ◽  
Laws And Regulations

The rights of convicts as Indonesian citizens who lost their independence due to criminal acts must be carried out in accordance with human rights. One of them is the right to obtain adequate food and beverage services that meet nutritional and health standards in accordance with the provisions of laws and regulations. In addition, Islamic sharia (law) also regulates the rights of convicts to get good and halal food and drink. This requirement is an order from the Al-Quran and Hadith. The problem of this research is how to organize food according to the provisions of laws and regulations and the provisions of Islamic law. This research used sociological research method. According to the type and nature of the research, the data sources used are secondary data consisting of primary legal materials. The secondary legal materials in this research consist of books, scientific journals, papers and scientific articles that can provide explanations of the primary legal materials. The results of the research found that in practice it was still found in Correctional Institutions that the rights of convicts had not been given in accordance with their rights as citizens. This is caused by several factors, including the lack of understanding of the regulations regarding the rights of convicts contained in the Law and sharia law by correctional Institution officers or even by the convicts themselves. Correctional officers need to be given dissemination regarding their obligation to provide food for convicts in accordance with laws and regulations.

scholarly journals HAK ASASI MANUSIA VERSUS PIDANA MATI

2021 ◽  
Author(s):  
Boni Suparto Wuarlela
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Death Penalty ◽  
Research Method ◽  
Secondary Data ◽  
The State ◽  
Right To Life ◽  
Human Right ◽  
Justice Process ◽  
Criminal Justice Process

Human Rights are the basic rights of every human being as God's creatures who are equal to one another. The application of the death penalty by the state through a court decision means that the state revokes the convict's right to life which is an unlimited human right. Therefore, its implementation must take into account the rights of the convict. The purpose of this paper is to find out whether the imposition of the death penalty for criminals is against human rights. What are the criteria for imposing the death penalty for perpetrators of crimes that do not conflict with human rights? The method used is a normative research method using secondary data. It can be concluded that the imposition of the death penalty is against human rights. However, in its application, it can be justified on the grounds of defending human rights and only for crimes that go beyond humanity and damage human civilization. The implementation of the criminal justice process must be transparent and fair.

scholarly journals Effect of Pattern Formation of Prisoners in The Correctional Institutions of Recidive (Case Study in Class II B Correctional Institution of Majalengka)

2018 ◽  
Vol 1 (3) ◽  
pp. 621
Author(s):  
Agus Yuliana Indra
Keyword(s):  
Descriptive Analysis ◽  
Secondary Data ◽  
Primary Data ◽  
Criminal Prosecution ◽  
Positive Contribution ◽  
Correctional Institution ◽  
Correctional Institutions ◽  
Development Patterns ◽  
Criminal Offenses ◽  
Class Iib

To implement the penal system for prisoners needed community participation both during development and acceptance of returned prisoners who have completed their criminal past. Commitments on at least can be a positive contribution to the process of coaching inmates who in turn can minimize the repetition of criminal acts. Connecting to the problems above who want revealed in this research is how development patterns inmates at Correctional Institution IIB of Majalengka classes and how the influence of development patterns against the repetition of crime (Recidive). The research is qualitative research in the form of descriptive analysis using sociological juridical approach. Types and sources of data used are primary data and secondary data. Data collected through the study of literature and interviews, while the juridical analysis using qualitative analysis. From the research we concluded that the pattern of development in the Penitentiary correctional IIB of Majalengka class represents the continuum of criminal law enforcement practice can not be separated from the development of general conception of the criminal prosecution. While the influence of development patterns prisoners against the repetition of criminal offenses (recidivism) on Prison Class IIB of Majalengka is still a lack of mental development also coaching skills to inmates that resulted in former inmates do not have the mental well and the skills needed to live her life outside of Prison Class IIB of Majalengka so the prisoner repeated his evil deeds.Keywords: Pattern Development, Prisoners, Recidive.

scholarly journals Analisis Yuridis Peraturan Penjagaan Lembaga Pemasyarakatan Terkait dengan Gangguan Keamanan dan Ketertiban di Lembaga Pemasyarakatan Klas IIb Lubuk Pakam

2019 ◽  
Vol 1 (2) ◽  
pp. 187-193
Author(s):  
Loviga Ferdinanta Sembiring ◽  
Utary Maharani Barus ◽  
Isnaini Isnaini
Keyword(s):  
Law Enforcement ◽  
Community Service ◽  
Research Method ◽  
Legal Protection ◽  
Secondary Data ◽  
Class Ii ◽  
Correctional Institutions ◽  
Development Officers ◽  
Security Officers

The purpose of this study is to find out 1) whether the legal protection carried out by prison officers for prisoners is in accordance with Law Number 12 of 1999 concerning Corrections; 2) how is the security system at Class II B Penitentiary in Lubuk Pakam; and 3) What are the obstacles faced in law enforcement in Class II B Penitentiary, Lubuk Pakam. The research method used in this study is empirical normative juridical supported by secondary data and interviews with informants. The results of the study show that: 1) Correctional Institutions are a place to carry out the formation of prisoners and correctional students. 2) Community service and security and order maintenance in Lapas are not yet optimal, the quality of human security officers is low, and 3) Development officers and administrative officers must always be consolidated through coaching officers with concurrent and special meetings/briefings.

scholarly journals IMPLEMENTASI PERATURAN PEMERINTAH NOMOR 32 TAHUN 1999 TENTANG PELAKSANAAN REMISI BAGI NARA PIDANA KORUPSI DI LAPAS KOTA MATARAM

2019 ◽  
Vol 6 (2) ◽  
pp. 1
Author(s):  
Rahmawati Rahmawati ◽  
Maemunah Maemunah
Keyword(s):  
Data Analysis ◽  
Data Collection ◽  
Empirical Research ◽  
Research Method ◽  
Government Regulation ◽  
Model Analysis ◽  
Guidance System ◽  
Correctional Institution ◽  
Normative Approach ◽  
Interactive Model

Pemberian remisi di Lembaga Permasyarakatan belum menunjukan hasil yang optimal dalam membina napi. Demikian juga sistem pembinaan dalam lembaga pemasyarakatan, secara yuridis belum sesuai dengan amanat Undang-undang remisi. Tujuan penelitian dalam penelitian ini yaitu untuk mengetahui implementasi Peraturan Pemerintah Nomor 32 Tahun 1999 Tentang Pelaksanaan Remisi Bagi Nara Pidana Korupsi dan besarnya pengampunan untuk koruptor menurut Peraturan Pemerintah Nomor 32 Tahun 1999 Tentang Pelaksanaan Remisi Bagi Nara Pidana Korupsi di Lapas Kota Mataram. Jenis metode penelitian ini termasuk penelitian empiris dengan pendekatan normatif yuridis. Penelitian dilaksanakan di Lapas Mataram, responden adalah stakeholder di Lapas Kota Mataram. Pengumpulan data menggunakan observasi, interview dan dokumentasi. Analisis data menggunakan analisis model interaktif. Hasil penelitian menunjukkan pelaksanaan remisi bagi nara pidana korupsi di Lapas Kota Mataram telah berjalan secara optimal, hal tersebut terlihat dari terjadi tren pemberian remisi bagi tahanan di Lapas Kota Mataram mengalami fluktuasi dan diantara nara pidana tersebut, juga diberikan pada pelaku tindak pidana korupsi. Jenis remisi berupa remisi umum sebanyak 543 nara pidana, remisi khusus sebanyak 51 nara pidana, dan remisi tambahan sebanyak 636 nara pidana, yang dilakukan berdasarkan Peraturan Pemerintah Nomor 32 Tahun 1999 Tentang Pelaksanaan Remisi Pasal 34, Pasal 36, Pasal 41, Pasal 42A, dan Pasal 43. Provision of remission at the Correctional Institution has not shown optimal results in fostering prisoners. Likewise, the guidance system in prisons is judicially not in accordance with the mandate of the remission law. The purpose of this research is to find out the implementation of Government Regulation No. 32 of 1999 concerning the Implementation of Remission for Nara Pidana Corruption and the amount of amnesty for corruptors according to Government Regulation Number 32 of 1999 concerning the Implementation of Remission for Nara Pidana Corruption in Mataram City Prison. This type of research method includes empirical research with a juridical normative approach. The study was conducted in Mataram Lapas, respondents were stakeholders in the Mataram City Prison. Data collection uses observation, interviews and documentation. Data analysis using interactive model analysis. The results showed that the implementation of remission for corruption convicts in Mataram City Prison had been running optimally, as seen from the trend of giving remissions for prisoners in Mataram City Prison experiencing fluctuations and among the convicts, also given to perpetrators of corruption. Types of remission in the form of general remissions of 543 convicts, special remissions of 51 convicts, and additional remissions of 636 convicts, carried out based on Government Regulation No. 32 of 1999 concerning the Implementation of Remission Article 34, Article 36, Article 41, Article 42A, and Article 43.

scholarly journals Analisis Prosedur Pengelolaan Arsip Dinamis Pada Kantor Sub Bagian Keuangan Dinas Kehutanan

Jurnal Ecogen ◽  
2021 ◽  
Vol 4 (3) ◽  
pp. 347
Author(s):  
Hafri Deliani ◽  
Armiati Armiati
Keyword(s):  
Human Resources ◽  
Research Method ◽  
Secondary Data ◽  
Data Sources ◽  
Dynamic Management ◽  
Direct Observations ◽  
Object Based ◽  
West Sumatra ◽  
Long Time ◽  
Descriptive Qualitative

This study aims to oversee the management of dynamic records, human resources who carry out archive management activities to monitor obstacles in managing archives at the Sub-Division of Finance Office of the Forestry Service of West Sumatra Province. This research method is descriptive qualitative, with data sources of several informants who are determined based on criteria in accordance with interviews and direct observations to the object of research. Secondary data that supports this research is obtained from documents available at the place of research object. Based on the information from the information, this research can serve that the management of dynamic archives as a whole is almost done well, but it is still not maximized. This is because: 1) based on incoming and outgoing mails, it has not been implemented optimally; 2) the use of dynamic archives has not been implemented properly and archive recovery still takes a long time; 3) archive maintenance has not been implemented optimally; 4) shrinkage archives that are not in accordance with existing procedures. This happens because of several reasons: 1) there is no archivist or special employee who manages the records; 2) Inadequate quality and quantity of archiving facilities. Based on the research above, archives can be provided to employees to increase awareness of dynamic management. The leadership should place human resources who manage archives who have an archivist background, provide adequate and complete facilities and infrastructure.Keywords : dynamic archive management, archive dynamic.

scholarly journals EVALUASI PENERAPAN SKEMA PPH 25 ATAS WAJIB PAJAK ORANG PRIBADI PENGUSAHA TERTENTU SESUAI PP NOMOR 23 TAHUN 2018 DALAM UPAYA PENINGKATAN KEPATUHAN PERPAJAKAN PADA UMKM KOTA TANGERANG SELATAN

2020 ◽  
Vol 6 (2) ◽  
Author(s):  
Budi Setyawan ◽  
Sukarno Sukarno
Keyword(s):  
Income Tax ◽  
Research Method ◽  
Government Regulation ◽  
Tax Compliance ◽  
Field Research ◽  
Secondary Data ◽  
Tax Rates ◽  
Tax Rate ◽  
Descriptive Research ◽  
Qualitative Descriptive

ABSTRAK Penelitian ini bertujuan untuk mengevaluasi kepatuhan perpajakan Wajib Pajak Orang Pribadi (WPOP) Pengusaha Tertentu yang menggunakan tarif pajak umum yaitu PPh 25 dengan tarif 0,75% yang dapat dikreditkan di akhir tahun pajak, sehubungan dengan adanya penurunan tarif PPh Final  dari 1% menjadi 0,5% dengan diterbitkannya Peraturan Pemerintah (PP) Nomor 23 tahun 2018. Wajib Pajak Orang Pribadi (WPOP) Pengusaha Tertentu juga dipersiapkan untuk lebih tertib dan disiplin dalam menyelenggarakan pembukuan untuk menyusun laporan keuangannya agar dapat menentukan pajak terutang menggunakan skema PPh 25 dengan lebih tepat. Terutama bagi WPOP Pengusaha Tertentu yang sudah memiliki omzet lebih dari Rp 4.800.000.000,- (Empat Milyar Delapan Ratus Juta Rupiah) dalam satu tahun pajak. Metode yang digunakan adalah Metode Studi Lapangan (Field Research) dengan terjun langsung ke lapangan. Data penelitian diperoleh observasi, dokumentasi dan wawancara langsung para pelaku UMKM Wajib Pajak Orang Pribadi (WPOP) Pengusaha Tertentu di Kota Tangerang Selatan dan melalui data sekunder melalui studi literatur. Jenis penelitian ini adalah penelitian deskriptif kualitatif. Peneliti menggunakan metode penelitian deskriptif kualitatif karena penelitian ini mengeksplor fenomena peningkatan kepatuhan perpajakan dan proses penyusunan pembukuan para pelaku UMKM WPOP Pengusaha Tertentu di Kota Tangerang Selatan. Hasil penelitian menunjukkan Penerapan Skema PPh Pasal 25 Atas WPOP Pengusaha Tertentu sesuai PP Nomor 23 Tahun 2018 pada UMKM Kota Tangerang Selatan yang terdaftar di KPP Pratama Serpong dan KPP Pratama Pondok Aren tidak maksimal karena wajib pajak cenderung menggunakan tarif PPh Final 0,5% dan tidak efektif dalam meningkatkan tingkat kepatuhan  WPOP Pengusaha Tertentu.Kata Kunci: PPh 25, PPh Final, Kepatuhan, dan UMKM ABSTRACT                 This study aims to evaluate the tax compliance of certain individual taxpayers (WPOP) using general tax rates, namely PPh 25 at a rate of 0.75%, which can be credited at the end of the tax year, in connection with a reduction in the Final Income Tax rate from 1% to 0. , 5% with the issuance of Government Regulation (PP) Number 23 of 2018. Individual Taxpayers (WPOP) Certain Entrepreneurs are also prepared to be more orderly and disciplined in keeping track of their financial statements to determine payable taxes using the PPh 25 scheme more precisely. Especially for Certain Entrepreneur WPOPs who already have a turnover of more than IDR 4,800,000,000 - (Four Billion Eight Hundred Million Rupiah) in one tax year. The method used is the Field Research Method by going directly to the field. Research data is obtained by observation, documentation, and direct interviews of SME actors Individual Taxpayers (WPOP), Certain Entrepreneurs in South Tangerang City, and secondary data through literature studies. This type of research is a qualitative descriptive study. The researcher uses a qualitative descriptive research method because it explores the phenomenon of increasing tax compliance and the bookkeeping process of individual entrepreneurs in South Tangerang. The results showed that the application of the PPh Article 25 Scheme on the WPOP of Certain Entrepreneurs by Government Regulation Number 23 of 2018 at South Tangerang City MSMEs registered at KPP Pratama Serpong and KPP Pratama Pondok Aren is not optimal because taxpayers tend to use a Final PPh rate of 0.5% and not. Useful in increasing the level of compliance of certain employers' WPOP. Keywords: PPh 25, Final Income Tax, Compliance, and MSMEs

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