scholarly journals Legal Form of Relief Is Free Of Charge by the Person or Group of Advocate for the Poor (Study at Jurisdiction in Ex Residency of Cirebon)

2020 ◽  
Vol 3 (1) ◽  
pp. 35
Author(s):  
Tofan Alamsyah ◽  
Gunarto Gunarto
Keyword(s):  
Descriptive Analysis ◽  
Legal Protection ◽  
Secondary Data ◽  
Primary Data ◽  
Poor People ◽  
Legal Assistance ◽  
Legal Aid ◽  
Legal Form ◽  
Theory Of Justice ◽  
The Poor

The problems of this study are: 1) forms of legal assistance free of charge given to the person or group of poor people in the Ex Residency of Cirebon, 2) challenges and solutions lawyers to provide legal assistance free of charge at the Ex Residency of Cirebon, 3) forms of legal protection given for free of charge that given to the person or group of poor people in the Ex Residency of Cirebon in the future.The method used by researchers is legal approach empirically and specification in this study were included descriptive analysis. Even sources and types of data in this study are primary data obtained from interviews with field studies members of the Police of the Police Ciwaringin and Secretary Untag Jaya, And secondary data obtained from the study of literature relating to the theory of justice and progressive law.Based on the results of research that form of legal aid free of charge is given to a person or a group of poor people in the Ex Residency of Cirebon, have been met by providing a list of advocates in the district police or through the Legal Aid Post (ZIP Bankum) in each court both the General and courts that exist in the jurisdiction of the Ex Residency of Cirebon. Problems were found in providing legal assistance free of charge to the poor, is not all lawyers enrolled in Posbakum and district police to and willing to help to the poor who need legal help; The solution needed is a regulation that requires all lawyers who have permits proceedings to register and willing to help the poor who need legal aid, and the obligation to serve as a form of professional advocate obligation to perform community service.Keywords: Legal Assistance Free of Charge; Advocate, Poor.

scholarly journals Kewenangan Pemerintah Daerah dalam Pemenuhan Bantuan Hukum bagi Masyarakat Miskin di Kabupaten Jember

Lentera Hukum ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 259
Author(s):  
Siti Maimunawaroh ◽  
Antikowati Antikowati
Keyword(s):  
Local Government ◽  
Local Governments ◽  
Legal Protection ◽  
Poor People ◽  
Legal Assistance ◽  
Legal Aid ◽  
Government Regulations ◽  
The Poor ◽  
Local Government Authority ◽  
Government Authority

Article 19 of the Law on Legal Aid provides the authority to local governments to deliver legal assistance to the poor by allocating budgets in the Regional Revenue and Expenditure Budgets, all of which are subsequently regulated by Regional Regulations. However, some areas have not yet implemented the mandate of Article 19 of this Legal Aid Law, because there is still doubt that the fulfillment of legal aid for the poor is part of the absolute government affairs relating to the justice sector. This includes establishing a Judicial Institution, appointing Judges and Prosecutors, establishing human rights and immigration policies, granting pardons, amnesty, abolition, legislation, Substitutionary Rules of Law, Government Regulations, and other national regulations. Unlike Jember Regency, which has legalized the Regional Regulation of Jember Number 6 Year 2016 regarding Legal Aid for the Poor, this Regulation of Jember Regency cannot be implemented since there is no Regent Regulation that regulates the implementation of the Regional Regulation. This article discusses how to regulate the authority of local government in fulfilling legal aid for the poor, and how to fulfill legal aid for the poor in Jember.  This article concludes with a suggestion for the Local Government of Jember to immediately approve the Regent's Regulation as the implementing regulation of Jember District Regulation No. 6 of 2016 on Legal Aid for the Poor, and to provide opportunities for community participation in supervising the fulfillment of legal aid in Jember. Keywords: Local Government Authority, Legal Aid, Legal Protection, Poor People

scholarly journals Problematics in Handling Criminal Offence on Poor Communities by Advocate (A Study on Gunung Sugih District Court)

FIAT JUSTISIA ◽  
2019 ◽  
Vol 13 (1) ◽  
pp. 31
Author(s):  
Marwan Jaya Putra
Keyword(s):  
Law Enforcement ◽  
Secondary Data ◽  
District Court ◽  
Primary Data ◽  
Research Approach ◽  
Legal Assistance ◽  
Legal Aid ◽  
Criminal Cases ◽  
The Poor ◽  
The Law

The provision of legal aid to the poor is one of the actions of the noble profession of advocates and the moral movement that advocates for human rights, in fact, not all advocates are morally aware of their obligations. There are still many deviations found in the provision of legal aid for the poor. This condition is certainly contrary to the noble values of the advocate profession itself, in the presence of this matter, which shows still can be found deviations in practice. The problem examined in this study is why law enforcers such as judges and posbakum have not provided free legal assistance to the poor in Central Lampung Regency, a factor that has caused law enforcement agencies not to offer and provide free legal assistance to the poor and the pattern / model of handling criminal cases against the poor by advocates based on justice. The method used in this research is with socio-legal research approach that comes from collecting data obtained from primary data and secondary data, then analysed by qualitative analysis method.The results of this study ultimately provide an answer that Advocates who have not yet applied the value of justice in handling criminal cases involving the poor are due to legal substance, legal structure, and legal culture, Not yet applying the value of justice in handling criminal cases against the poor is like the emergence of mistrust of the law, besides the model of handling criminal cases against the poor by advocates based on the value of justice is the implementation of constructive strategies, such as: Legislation Planning, Policies and Activities Related to the Fulfilling Right to Legal Assistance. Suggestions from this research are to Advocates regarding Integrity, morality, idealism, and professionalism of law enforcement officers should be further enhanced, in addition to the restrictions on the provision of legal aid in LBH should also be reviewed to enforce the principle of providing legal assistance as widely and equality before the law.

ANALISIS YURIDIS PERJANJIAN JUAL BELI MELALUI MEDIA ELEKTRONIK BERDASARKAN KUH PERDATA DAN UNDANG - UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK

2020 ◽  
Vol 18 (1) ◽  
pp. 114
Author(s):  
Anggit Rahmat Fauzi ◽  
Ansari Ansari
Keyword(s):  
Descriptive Analysis ◽  
Legal Protection ◽  
Secondary Data ◽  
Electronic Media ◽  
Primary Data ◽  
The Internet ◽  
Legal Problem ◽  
Civil State ◽  
Consumer Protection Act ◽  
The People

The utilization of e-commerce media in the trading world brings impact to the international community in general and the people of Indonesia in particular. For Indonesian people, This is related to a very important legal problem. The importance of law in the field of e-commerce is mainly in protecting the parties who transact through the Internet. The purpose of this study is to know the legal review of the buying and selling agreements through electronic media as well as to know the legal protections for sellers and buyers if one of the parties commits a default. The research uses a normative juridical method of approach and the discussion is done in a descriptive analysis. The source and type of data used are primary data and secondary data. While the data collection techniques using literature studies, and the data obtained will be analyzed qualitatively. The agreement to buy and sell through electronic media is a new phenomenon that has been implemented in various countries and regulated in the Civil state nor law ITE. Legal protection for the parties in the sale and purchase agreements through electronic media is governed by the consumer protection ACT. Any breach must respond to any loss arising from his or her actions.

scholarly journals Deradicalisation Crime Of Terrorism Actors By Police (Case Study In Police Jurisdiction Of Semarang)

2019 ◽  
Vol 2 (1) ◽  
pp. 109
Author(s):  
Bagus Gani Setiana ◽  
Sri Kusriyah Kusriyah
Keyword(s):  
Descriptive Analysis ◽  
Secondary Data ◽  
Primary Data ◽  
Theory Of Justice ◽  
Sociological Approach ◽  
Police Personnel ◽  
Secondary Data Source ◽  
National Police ◽  
Analysis Models

The paper titled "Deradicalisation Crime Of Terrorism Actors By Police", aims to identify and analyze the role of the National Police in the process of deradicalization of the criminal terrorism in Indonesia, the benefits of deradicalization, as well as the challenges and solutions faced by the National Police in the implementation of the deradicalization.This study uses the Juridical Sociological Approach, with descriptive analysis models, which use the type and source of primary data that is the result of interviews with police personnel and ex-terrorist, as well as secondary data source that literature on the various sub - laws that exist in Indonesia. Also in this study, the authors also used the descriptive method of analysis. That in the end all results were analyzed by using the theory of Aristotle and theory of Justice usefulness of Jeremy Bentham.Based on the research that has been analyzed, then it was concluded that the role of the National Police in deradicalizing the task is enormous, as evidenced by the reduction in the number of terrorism cases in Indonesia from year to year. In addition, the benefits of deradicalization can reduce the number of perpetrators of terrorism by changing the target ideology. But it is undeniable that the Police still face many obstacles, which in this study the authors provide some solutions to these obstacles.Keywords: Deradicalisation; Ideology; Police; Terrorism.

scholarly journals Kepemimpinan Ketua Yayasan Shine Al-Falah Pada Pondok Pesantren Perkampungan Minangkabau Dalam Pendidikan Kaum Dhuafa Kota Padang

2020 ◽  
Vol 4 (1) ◽  
pp. 1
Author(s):  
Ahmad Sabri ◽  
Heri Priyanto
Keyword(s):  
Qualitative Method ◽  
Secondary Data ◽  
Boarding School ◽  
Primary Data ◽  
Poor People ◽  
Education Development ◽  
The Poor ◽  
Participatory Leadership ◽  
The Government ◽  
Food Needs

In the view of Islam, the Dhuafa (orphans, destitute, neglected children) occupy the privileges of Allah SWT and His Apostles as in Surah Al-Maun Verses 1-3, for this, it is needed help from individuals and institutions to be able to maintain survival, and not displaced to become irresponsible people. This study illustrates how the Chairman of the Shine Al-Falah Foundation's leadership in fostering the Minangkabau village boarding school for the poor and the Shine Al-Falah Foundation's synergy with the government, donors, and the community. This research uses a qualitative method with a descriptive type. Primary data sources are the chairman, the supervisor of the Shine Al-Falah foundation, while the secondary data are the leader of the Islamic Boarding School, the laziswaf management, the orphanage management, the male / female boarding supervisor and the students. Data collection uses observation, interviews, and documentation. The results showed the leadership of the chairman of the Foundation Shine Al-Falah succeeded in fostering the Minangkabau village boarding school to be able to continue to exist in continuing education development by building participatory leadership to all stakeholders and trying to build synergy with relevant government agencies, the community and donors to run the program planned to meet the educational needs, infrastructure, basic food needs and so on that are suitable for children of poor people in Padang city, especially for children in the Minangkabau Village Islamic Boarding School.

scholarly journals PERAN PELAKSANA PENYULUHAN HUKUM KANTOR WILAYAH KEMENTERIAN HUKUM DAN HAM BANTEN DALAM SOSIALISASI BANTUAN HUKUM GRATIS BAGI MASYARAKAT TIDAK MAMPU

2020 ◽  
Vol 3 (1) ◽  
pp. 1-15
Author(s):  
Anton Aulawi ◽  
Ratu Mimi Darniasih
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
The State ◽  
Constitutional Rights ◽  
Legal Assistance ◽  
Legal Aid ◽  
State Budget ◽  
Regional Office ◽  
The Poor ◽  
Rule Number

The purpose of this research was to determine the role of Legal Counselors in the Regional Office of the Banten Ministry of Law and Human Rights in the socialization of free legal aid for the poor. In this research the authors use a methodology with a qualitative approach. In the research to be conducted, researchers will use three data collection techniques, by interview, observation, and documentation. The results of this research are that legal aid regulated by Rule Number 16 of 2011 years concerning Legal Aid, is the state's obligation to provide the rights of every citizen to get legal protection and human rights, especially for the poor. The provision of legal aid as a state obligation to implement the constitutional rights of the poor is to provide funding to legal aid organizations with the State Budget. The state is present to provide legal assistance, one of which is by means of the Regional Office of the Ministry of Law and Human Rights Banten. The method of socialization about free legal assistance to the poor is done by legal counseling activities with direct and indirect methods; firstly, legal counseling is carried out solely by law enforcement officers from the Regional Office of the Ministry of Law and Human Rights Banten. Secondly, legal counseling is carried out by accredited legal aid organizations but with budgets derived from legal aid funds from the state  with the authority of budget users from the Ministry of Law and Human Rights.

scholarly journals Legal Protection from Provocate Abortion Againts the Child Conceived Because Rape (Case Study on Jurisdiction Ex Residency of Cirebon)

2020 ◽  
Vol 2 (4) ◽  
pp. 601
Author(s):  
Eka Damayanti Damayanti ◽  
Aryani Witasari
Keyword(s):  
Reproductive Health ◽  
Government Regulation ◽  
Islamic Law ◽  
Descriptive Analysis ◽  
Legal Protection ◽  
Secondary Data ◽  
Executive Branch ◽  
Rape Victim ◽  
Primary Data ◽  
Sociological Approach

The problems of this study are: view of the living norms of public life related to the legalization of abortion under PP No. 61 of 2014 on Reproductive Health in the jurisdiction of Ex Residency of Cirebon, Legal protection of children conceived for Pregnancy Preferred (KTD), form the legal protection of children conceived for Pregnancy Preferred (KTD), particularly rape victims in the future.The method used by researchers is sociological approach juridical law and specification in this study was included descriptive analysis. As for sources and types of data in this study are primary data obtained from interviews with field studies Cirebon MUI, and secondary data obtained from the study of literature. Data were analyzed qualitatively. The problems studied by the theory of effectiveness and progressive law.Based on the results of research that potentially incompatible with Islamic law if it does not pay attention to the provisions of law or the Fatwa of Indonesian Ulama Council, besides that government regulation is taking the authority of the judiciary by the executive branch, because the authority to determine a person can have an abortion only submitted to the doctor and known by the Health Department / districts forwarded to the Provincial Health Office, without having to get a judgment and / or determined by the court, including the MUI Fatwa can ignore. Abortion performed by a rape victim is allowed and does not constitute a crime, but as a special lex and Health Act Government Regulation No. 61 Of 2014 on Reproductive Health has taken over the authority of the judiciary, because abortion is performed by a rape victim does not need to get a determination from the court. Reflected Bill-September 2019-the Penal Code refers to the Law of Health and Government Regulation No. 61 of 2014 on Reproductive Health, so that the provision is contrary to the Constitution of the Republic of Indonesia 1945.Keywords: Provocate Abortion; Child; Rape; Legal Protection.

scholarly journals Implementation of Legal Aid for the Poor as a Form of Practicing Pancasila Values

2021 ◽  
Vol 3 (2) ◽  
pp. 235-244
Author(s):  
Choerul Amin
Keyword(s):  
The State ◽  
Poor People ◽  
Access To Justice ◽  
Legal Assistance ◽  
Legal Aid ◽  
The Poor ◽  
Pro Bono ◽  
Law And Justice ◽  
The Republic ◽  
The Right

Provision of Legal Aid is one of the ways the state can achieve access to law and justice for poor people in accordance with what has been mandated by the constitution. The principle of equality before the law in the Criminal Procedure Code (KUHAP) and Article 27 paragraph (1) of the 1945 Constitution tries to be realized by the state with this legal assistance so that the poor will experience justice in law enforcement in Indonesia. Justice is the right of all Indonesian people. Justice can be obtained by all people, this is contained in the Pancasila Values ​​especially in the 5th (five) precepts which read "Social Justice for All of Indonesia". For the poor who experience legal problems in the form of injustice, they can request legal assistance from legal aid institutions that are regulated in legislation. The purpose of providing legal aid is to guarantee and fulfill the right for Legal Aid Recipients to gain access to justice, to realize the constitutional rights of all citizens in accordance with the principle of equality in law, to ensure the certainty that the implementation of Legal Aid is carried out equally across the territory of the Republic of Indonesia, and to create an effective, efficient and accountable court. The community's right to get free legal assistance (pro-bono) is regulated in Law No. 16 of 2011 concerning Legal Aid. This law regulates the communities receiving legal assistance, grants, and funding as well as legal aid mechanisms. 

scholarly journals Effectiveness Of Allotment Penalty Imposed By Judge In The Case Of Children For A Child Protection As Victims (Case Study at State Court of Sumber)

2020 ◽  
Vol 3 (1) ◽  
pp. 87
Author(s):  
Didi Wahyudi Sunansyah ◽  
Aryani Witasari
Keyword(s):  
Child Protection ◽  
Descriptive Analysis ◽  
Legal Protection ◽  
Secondary Data ◽  
Field Studies ◽  
Primary Data ◽  
State Court ◽  
Sociological Approach ◽  
Protection Legislation

The formulation in this study were 1) How allotment setting penalty in child protection legislation in order to protect the child as a victim? 2) How is the effectiveness of the penalty in the Child Protection Act?Method sociological approach juridical law and specification in this study were included descriptive analysis. Even sources and types of data in this study are primary data obtained from interviews with field studies Supervising Officers Society Child (PK Child) of the Penal Hall Cirebon and Head of Correctional Cirebon, And secondary data obtained from the study of literature. Data were analyzed qualitatively. The problems studied by the theory of progressive legal protection and law.Based on the results of this study concluded under Appropriation settings Criminal Penalty In Child Protection Act is not describe protect children as victims, because the penalty to be paid by the convict is intended for countries not intended for children who are victims of crime. Appropriation effectiveness Criminal Judge Penalty That Dropped In Case of Children in the Context of the Protection of Children As Victims are Criminal penalties in the Law on Child Protection was not effective in reality, as more convicts chose imprisonment in lieu of penalty are not paid, compared to paying the penalty, it has implications for the expenditure of state finances are more likely to pay for convicts in prisons and to make prisons more crowded or over capacity.Keywords: Effectiveness; Penalty; Justice; Protection; Child.

scholarly journals Analysis of the Fulfillment of Labor Social Security as a Work of Legal Protection

2020 ◽  
Vol 1 (1) ◽  
pp. 32
Author(s):  
Siti Ummu Adillah ◽  
Amin Purnawan
Keyword(s):  
Social Security ◽  
Descriptive Analysis ◽  
Legal Protection ◽  
Secondary Data ◽  
Primary Data ◽  
Formal Sector ◽  
Analysis Technique ◽  
Approach Method ◽  
Work Accident ◽  
Formal And Informal Sectors

The research objective is to analyze the fulfillment of labor social security as a form of legal protection for workers in the formal and informal sectors as well as barriers and their solutions. The juridical normative research method is descriptive analysis. The statutory approach method (statue approach). By using secondary data, which is supported by primary data, in the form of interviews with informants. The analysis technique uses qualitative analysis methods. The results showed that the fulfillment of employment social security for workers in the formal sector, namely the company is obliged to register its employees. Meanwhile, workers in the informal sector must pay their dues independently, be borne by themselves, because they work independently and the guarantee program that must be followed is only the work accident insurance and death insurance programs. Obstacles for workers in the formal sector are many companies that are “mischievous” and dishonest, there is manipulation of their salary report, companies are late in paying dues, and the supervisory function is not working properly

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