scholarly journals Criminal Liability For Placement Actors Illegal Female Labor

2021 ◽  
Vol 1 (12) ◽  
Author(s):  
Ibrahim Nainggolan
Keyword(s):  
Criminal Responsibility ◽  
Criminal Liability ◽  
Legal Protection ◽  
Secondary Data ◽  
Equal Rights ◽  
Private Companies ◽  
Library Research ◽  
The Government ◽  
The One ◽  
The Right

The distribution of Indonesian workers carried out by individuals, not by the government or by official private companies distributing Indonesian workers, still occurs. The placement of workers in Indonesia abroad needs to be carried out in an integrated manner between government agencies, both central and regional and the participation of the community in a adequate legal products to provide maximum protection. The state is obliged to guarantee and protect the human rights of its citizens who work both at home and abroad based on the principles of equal rights, democracy, justice, social, gender equality, and anti-discrimination. know the criminal responsibility for individual perpetrators who participate in the placement of illegal female workers to Malaysia. This research is a normative legal research taken from secondary data in the form of library research. Based on the results of the study, it is understood that legal arrangements regarding legal practice have not been able to explain the doctrine of participating in criminal acts. On the one hand, participating in doing so is equated with acts together so that it does not distinguish between participating in committing as a form of participation and criminal acts in general. The target of the placement of workers is directed at placing workers in the right positions according to their expertise, skills, talents, interests and abilities by taking into account the dignity, rights, and legal protection.

scholarly journals PERTANGGUNGJAWABAN PIDANA KORPORASI (PT) ATAS TINDAK PIDANA PERUSAKAN LINGKUNGAN HIDUP

2021 ◽  
Vol 2 (02) ◽  
pp. 143-155
Author(s):  
Erni Juniria Harefa ◽  
Pondang Hasibuan ◽  
Sahat Benny Risman Girsang ◽  
Herlina Manullang
Keyword(s):  
Environmental Pollution ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Strict Liability ◽  
Legal Protection ◽  
Corporate Management ◽  
Library Research ◽  
Responsible Corporate Officer ◽  
Corporate Criminal Liability ◽  
Environmental Crimes

The occurrence of environmental crimes in the form of environmental pollution and/or destruction, mostly carried out in the context of running an economic business, and is also the attitude of the authorities and entrepreneurs who do not carry out or neglect their obligations in environmental management. Environmental pollution and/or destruction continues to increase in line with the increase in industrial activities or the like, of course the environment needs legal protection. Article 116 of the Environmental Protection and Management Law (UUPPLH), makes the concept of corporate criminal responsibility and corporate management (directors, managerswho are responsible for managing the company's environment, can even be asked to shareholders and commissioners) together, in the event that the activities and/or business of the corporation cause environmental pollution and/or destruction. On the other hand, the accountability of the directors/management of the corporation is also needed because there is a possibility that the sanctions imposed on the corporation will not affect the lives of the leaders/management of the corporation.The method used in this thesis research is normative juridical research using primary, secondary, and tertiary legal materials. This study uses library research techniques, which are then analyzed qualitatively. Based on the results of the study, that corporate criminal liability in Article 116 paragraph (1) UUPPLH is based on the identification of Theory and Vicarious Liability. Meanwhile, the director's criminal responsibility as an individual for criminal acts of environmental destruction occurs as long as the director has the authority to prevent violations or to improve the situation. Meanwhile, the criminal responsibility of the director representing the PT organ for environmental crimes can be identified based on the Responsible Corporate Officer Doctrine (RCO) and Strict Liability, because his position in the company has an obligation to take action to ensure that the violation will not occur as stipulated in Article 116 and 117 UUPPLH.

scholarly journals Kajian Yuridis Tentang Kesadaran Warga Negara Untuk Menggunakan Hak Pilih Dalam Melaksanakan Demokrasi Pada Pemilihan Kepala Daerah

2021 ◽  
Vol 7 (1) ◽  
pp. 280
Author(s):  
Muzayanah Muzayanah
Keyword(s):  
Secondary Data ◽  
Voting Rights ◽  
State Institutions ◽  
Leadership Management ◽  
Library Research ◽  
The People ◽  
The Republic ◽  
The Government ◽  
The Right ◽  
Regional Leaders

The Republic of Indonesia is a state based on the rule of law in implementing state administration based on Pancasila and the 1945 Constitution. The administration of government with a democratic system in which the highest sovereignty is in the hands of the people and in its implementation the people elect a leader to run the government. To determine the regional leader / regional head must be carried out through regional head elections. Regional head elections are intended to continue the government which has ended its term of office. Therefore, regional head elections must be held simultaneously throughout the territory of the Republic of Indonesia. The holding of regional head elections is a big job and is the responsibility of all parties, including all citizens of the Republic of Indonesia, so that the implementation of regional head elections runs well. The regional head elections in question have been held and are the result of the hard work of various relevant state institutions that have carried out their duties and responsibilities, in this case the General Election Commission (KPU) which has held regional head elections simultaneously throughout the territory of the Unitary State of the Republic of Indonesia (NKRI). ). The 1945 Constitution of the Republic of Indonesia regulates the voting rights of citizens to participate and actively participate in determining regional leaders / regional heads who will lead in their respective territories. Citizens have the right to vote to vote at regional head elections. This is of course an awareness and responsibility as citizens so that regional leaders / regional heads are elected who are able to organize government and create prosperity and justice based on the values contained in the principles of Pancasila. The problem in this research is how a juridical study of the awareness of citizens to use their voting rights in implementing democracy in regional head elections?This research is a normative juridical research with the Library Research research method. The data collection method uses secondary data in the form of primary legal materials and secondary and tertiary legal materials. The population in this study is a random population of residents / community of Pengkol hamlet, Mangunsari village, Gunung pati District, Semarang City. The results of the research show that people in this region as citizens of the Republic of Indonesia have the awareness and responsibility to exercise their voting rights in the implementation of regional head elections, especially the election for Mayor and Deputy Mayor of Semarang on December 9, 2020. Regional head elections in this region have been going well and in a conducive situation even though it was held during the Covid-19 pandemic. It is hoped that the holding of this regional head election will produce regional leaders who have reliable and quality leadership management and are able to bring the community to realize social justice for all Indonesian people.

scholarly journals Comparasion Of Insult Regulation Towards President/Vice President In The Decree of The Constitutional Court

2021 ◽  
Vol 2 (1) ◽  
pp. 27-38
Author(s):  
Robinsius Asido Putra Nainggolan
Keyword(s):  
Legal Protection ◽  
Secondary Data ◽  
Vice President ◽  
Criminal Code ◽  
Policy Formulation ◽  
Research Data ◽  
Constitutional Court ◽  
Court Judge ◽  
Library Research ◽  
The Government

The reform of criminal law in Indonesia, which has become one of the discourses, is the Article regarding insults to the President and Vice President in the 2019 RUUKUHP. The government re-included several articles of insulting the president in the Draft Criminal Code formulation, which the Constitutional Court deleted through Decision Number: 013.022/PUU IV/2006. So the problem in this research is how the policy formulation of offense against the President and Vice President is following the formulation of the RUUKUHP and how the comparison of articles on insulting the President and Vice President in the formulation of the Draft Criminal Code with the Constitutional Court Judge Decision No: 013.022/PUU IV/2006. The research method used is juridical normative based on secondary data through library research data collection and data analysis. The discussion results show that the policy for the formulation of offense against the President/Vice President following the formulation of the RUUKUHP is an effort to provide legal protection to the President/Vice President as a symbol in state life. Comparing articles regarding insults to the President and Vice President in the formulation of the RUUKUHP with the Constitutional Court Decision No: 013.022/PUUIV/2006 have both similarities and differences.

scholarly journals Political Health Law in Indonesia in Baros District, Serang District

2020 ◽  
Vol 7 (9) ◽  
pp. 160
Author(s):  
Sulastri Sulastri ◽  
Yuliana Yuli W ◽  
Dwi Aryanti R ◽  
Satino Satino
Keyword(s):  
Legal Protection ◽  
Secondary Data ◽  
Health Law ◽  
Literature Study ◽  
National Interests ◽  
Strategic Role ◽  
The Government ◽  
The Right ◽  
Political Health ◽  
Health Laws

Everyone has a desire that he is always in a healthy condition and that public health must get legal guarantees and protection from the government. This is also damaging to the community in Baros Village, Baro District, Serang Regency. Health insurance and legal protection obtained by the community in the form of physical and spiritual welfare, shelter or a place to take refuge, a healthy environmental life and there is no discrimination in obtaining health care and obtaining legal protection for their health. As for the formulation of the problem in research on how to protect health laws in Baros Village. In this study, researchers used the literature study method and the type of dat used was secondary data. Law politics has a very strategic role. A political-law approach is needed so that the law that is enforced must always be based on national interests, then a political-law approach is needed. Likewise in matters of health, law politics is needed so that all people can obtain protection of the right to health which is a basic right of everyone.

Implikasi Kebijakan Ekonomi Umar Ibn Khattab Terhadap Kebijakan Ekonomi Masa Kini

2020 ◽  
Vol 1 (1) ◽  
pp. 56-76
Author(s):  
Sholikul Hadi
Keyword(s):  
Skin Color ◽  
Secondary Data ◽  
Poor People ◽  
Muslim Countries ◽  
Library Research ◽  
Government Mandates ◽  
The Disabled ◽  
The Government ◽  
The Right ◽  
Primary Materials

  In the 1970s and 1980s, scientific studies on Islamic economics and finance in the Middle East and other Muslim countries were initiated, which resulted in the establishment of the Islamic Development Bank and banks and other institutions labeled Islam. In fact, the scope of Islamic economics is much broader than just Islamic finance. The author agrees with Taqyuddin An-Nabhani, that generations of Muslims have been fascinated with Capitalist thinking, because they see its success, without fully understanding the reality of its thoughts, even to the inferior feeling (inferiority) of Islam's ability to produce solutions. The purpose of this research is to examine Umar ibn Khattab's policies in distributing Baitul Maal property and to find out the implications of Umar ibn Khattab's policies on today's economy. This research is a literature research (Library Research) with a historical approach, and collects data from primary materials, namely books concerning Umar ibn Khattab's policies and secondary data, namely relevant supporting books. The stages of this research are the analysis of text or phenomena into its components, grouping the same statements and actions into one component, identifying rules that unite various categories, identifying universal rules that construct statements and inter-relations of actions, and systematics of rules obtained through text procedures. or action. The results of this study, namely that during his caliphate, Umar ibn Khattab had made the necessary regulations and took every possible step to ensure that no one was left to starve, without clothing or a place to live in an Islamic country, including the disabled, helpless. because of illness, old age, widows, unemployment, poor people, people who need assistance regardless of caste, skin color, or beliefs are given financial assistance from Baitul Maal. Umar ibn Khattab's policies can be implied in today's economy, such as the prohibition of selling other people's property without the knowledge of the owner, government intervention in the market, prohibition of hoarding assets, reviving dead land, land ownership limits, on found goods, property that is lawful for the government, and criteria for people who have the right to be prioritized for holding and holding government mandates.    

scholarly journals REFORMULATION OF THE CRIMINAL LIABILITY AS AN ACTOR OF ONLINE PROSTITUTION: A NORMATIVE STUDY

2017 ◽  
Vol 2 (2) ◽  
pp. 132-143
Author(s):  
Subaidah Ratna Juita
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Secondary Data ◽  
Law Reform ◽  
Normative Study ◽  
National Regulation ◽  
Library Research ◽  
Concrete Form ◽  
Legal Sense

One of the rational efforts used to tackle online prostitution activity is with the approach of criminal law through criminal law formulation as a concrete form of criminal responsibility to the perpetrators of online prostitution. There is no provision that regulates the criminal to the users of online prostitution services because of the maximum prevention of online prostitution itself. If there is no national regulation governing the matter, online prostitution users will feel secure and remain free to buy services for their satisfaction alone, while it is contrary to various aspects of norms in the ethical norms of society. Therefore a criminal law is required, related to criminal liability for users of online prostitution services. The method used is normative juridical, ie by examining or analyzing secondary data using basic materials, with legal sense as a set of rules or positive norms in the legislation system that regulates prostitution online, as well as using secondary legal materials, and tertiary. So this research is library research (library research), that is research to secondary data. Thus, the juridical-normative approach in the study is used to analyze issues relating to criminal law reform regarding criminal liability to online prostitution actor.

scholarly journals Analisis Hukum Administrasi Terhadap Kebijakan Pemerintah Mengenai Pembebasan Biaya Sertifikasi Tanah Wakaf

2019 ◽  
Vol 2 (1) ◽  
pp. 1-18
Author(s):  
Islamiyati Islamiyati
Keyword(s):  
Government Regulation ◽  
Legal Protection ◽  
Secondary Data ◽  
Administrative Law ◽  
The State ◽  
Government Policies ◽  
Library Research ◽  
The Government ◽  
The Cost ◽  
Research Type

Abstrack The study analyzed Article 22 of Government Regulation Number 13 of 2010 concerning government policies for the exemption of waqf land certification fees according to state administrative law. The analyze focus on the reasons for the government to issue such policies in the perspective of the state administrative law. The research type of library research requires secondary data, which consists of primary, secondary and tertiary legal materials, normative juridical approaches, and qualitative data analysis. The results of the study explained that the government issued a policy of freeing the cost of waqf land certificates aimed at empowering waqf land so that its designation could be felt by the community, accelerating the legality of waqf land, protecting and securing and optimizing the benefits of waqf assets. This policy is an effort to understand waqf deeds which means worship and legal certainty. Government policy is the implementation of the function of the  state administrative law in creating a government that is clean and in accordance with the principles of good general governance, namely; the principles of legality, equality, justice, legal protection, wisdom, implementation of public interest, and acting meticulously. Key Words: State Administrative Law, Free of Cost, Endowments Land Certification Abstrak Penelitian menganalisis Pasal 22 Peraturan Peemrintah Nomor 13 Tahun 2010 tentang kebijakan pemerintah pembebasan biaya sertifikasi tanah wakaf menurut hukum administrasi negara. Menganalisis alasan pemerintah mengeluarkan kebijakan demikian dalam perspektif HAN. Jenis penelitian library research, memerlukan data sekunder, yang terdiri dari bahan hukum primer, sekunder dan tersier, pendekatannya yuridis normatif, dan analisis datanya kualitatif. Hasil penelitian menjelaskan bahwa pemerintah mengeluarkan kebijakan  membebaskan biaya sertifikat tanah wakaf bertujuan untuk memberdayakan tanah wakaf supaya peruntukannya dapat dirasakan masyarakat, percepatan legalitas tanah wakaf, melindungi dan mengamankan serta mengoptimalkan manfaat aset wakaf. Kebijakan ini adalah salah satu upaya memahami perbuatan wakaf yang bermakna ibadah dan berkepastian hukum. Kebijakan pemerintah merupakan implementasi fungsi HAN dalam menciptakan pemerintahan yang bersih dan sesuai asas pemerintahan umum yang baik, yakni; asas legalitas, kesamaan, keadilan, perlindungan hukum, kebijaksanaan, penyelenggaraan kepentingan umum, dan bertindak cermat. Kata Kunci: Hukum Administrasi Negara, Bebas Biaya, Sertifikasi Tanah Wakaf

scholarly journals Sharia Islamic Economics in the Middle of Civilization Transition

2021 ◽  
Vol 3 (1) ◽  
pp. 64-75
Author(s):  
Mohammad Ghozali ◽  
Resi Handayani ◽  
Wahyudi Bakri
Keyword(s):  
Economic System ◽  
Secondary Data ◽  
Advantages And Disadvantages ◽  
Positive Side ◽  
Library Research ◽  
The Government ◽  
Islamic Economic ◽  
The Individual ◽  
The Right ◽  
The Relationship

The existence of an economic system of capitalism, an economic system of socialism, and an economic system of sharia are a response to problems regarding the economy as well as an answer to removing people from the obscurity of the existing economic system. It’s hoped that these systems will be the key to the economic success of a society. But there are always advantages and disadvantages to every existing system. The economic system of capitalism is an economic system hi which investors or owners of capital are the movers and rulers. Meanwhile, the economic system of socialism is a system hi which the government is the main control, this system ignores the position of the individual, everything is regulated by the ruler and no one has the right other than the ruler. The considerations positives and negatives of each system have created a sharia economic system where this system has every positive side of the capitalist and socialist economic system but ignores the shortcomings or negative sides of the two systems. This paper discussed how the economic system of capitalism, the economic system of socialism, the Islamic economic system, and the relationship between them. The method used in this writing was library research, in which the authors used various secondary data from books, article, and many more. The results showed that it is clear that there are far differences between the conventional economic system and the Islamic economic system, the conventional economic system includes the economic system of capitalism and the economic system of socialism.

scholarly journals PEMBERIAN PATEN OBAT-OBATAN DAN PEMENUHAN HAK ASASI MANUSIA TERHADAP KESEHATAN DI INDONESIA

PRANATA HUKUM ◽  
2019 ◽  
Vol 14 (2) ◽  
pp. 208-221
Author(s):  
Chandra Muliawan
Keyword(s):  
Public Health ◽  
Human Rights ◽  
Legal Protection ◽  
Secondary Data ◽  
Patent Law ◽  
Essential Medicines ◽  
High Price ◽  
Business Interests ◽  
The Government ◽  
The Right

Patent which one part of the IPR, are legal protection for inventor of an invention both process and product in the field of technology that can be applied in industry. Granting of patents in the pharmaceutical field impact on the high price of the medicines, it affects of public to access health right which a part of human rights. Based on it, the government should be protecting business interests (private) coincide with the protection, respect and fulfillment of the interests of public health (public health). The problem approach in this study normatively by using secondary data is used as supporting data. The requirements and procedure for patent applications are found in Article 24 paragraph (1) of the Patent Law including those granted based on the application. Procedures and descriptions of registered patents are also regulated as fulfilling prior priority rights for inventors who register their inventions. Priority rights also apply to foreigners who are members of the Paris Convention provided for in Article 1 number 12 of the Patent Law. Article 36 paragraphs (1) and (2) of the Health Law state that the Government has an obligation to guarantee the availability, equity and affordability of health supplies, especially essential medicines. Medicine is part of the needs of the wider community which is also an obligation of the Government to fulfill the right to health as part of human rights.

scholarly journals JURIDIC ANALYSIS OF USED CLOTHES CONSUMER BASED ON ARTICLE 4 CONSUMER PROTECTION AND ISLAMIC LAW PERSPECTIVE

2020 ◽  
Vol 6 (2) ◽  
Author(s):  
Sugiharto Sugiharto ◽  
Andi Aina Ilmih
Keyword(s):  
Consumer Protection ◽  
Islamic Law ◽  
Negative Impact ◽  
Positive Impact ◽  
Legal Protection ◽  
Field Studies ◽  
Library Research ◽  
The Government ◽  
The Right ◽  
The Impact

This research focuses on the form of legal protection for used clothing consumers based on Article 4 of Law Number 8 of 1999 concerning consumer protection and analyzes the impact of the use of used clothing by the community in the city of Semarang, related to the Thaharah aspects in Islamic Law.To achieve this goal, researchers used a sociological juridical approach with data collection techniques in the form of library research and field studies by conducting direct interviews with relevant parties in connection with this research. The data obtained were then processed and analyzed by descriptive qualitative.The results showed that the form of legal protection for used clothing consumers in the Consumer Protection Act under Article 4, namely the right of consumers to get comfort, security, and safety. This is closely related to the obligations of business actors in providing true, clear and honest information about the conditions and guarantees of goods and/or services; and the need for guidance and supervision by the government. The impact caused by used clothing is negative impact and positive impact for used clothing consumers, both in terms of economic, social and public health in Indonesia. Although in an Islamic perspective, it is recommended that people prioritize aspects of thaharah (cleanliness) as Allah SWT requires every Muslim to purify in accordance with the criteria of Allah and His Prophet.

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