scholarly journals Regulation of The Provision of Covid-19 Vaccination in Indonesia as The Implementation of State Obligations in line with The Indonesian Constitution

SASI ◽  
2021 ◽  
Vol 27 (4) ◽  
pp. 451
Author(s):  
Lisa Mery ◽  
Andi Rahmah ◽  
Andi Sry Rezki Wulandari

This study aims to provide a clear picture of the steps (efforts) of the government of the Republic of Indonesia to provide vaccines to its people evenly and free of charge according to the standards or procedures in the Health Law which is a derivative of the constitutional mandate of the Republic of Indonesia, the research method uses normative juridical research that combines the rule of law. With law enforcement which is a regulation of the Indonesian government, the results of the study provide a perspective that various ways have been attempted by the Indonesian government to overcome the Covid-19 virus pandemic, vaccines are a continuous hope to increase immunity and immunity of community groups which will certainly have a positive impact with the release of the Indonesian state from health threats and a spike in the increase in cases during the global pandemic. The conclusion of this study is that the Indonesian government has made intensive and accurate efforts to protect citizens and build group immunity which of course has an impact on the positive possibility that the Indonesian state and nation can get out of worries due to the Covid-19  pandemic.

2014 ◽  
Vol 6 (2) ◽  
pp. 141-165
Author(s):  
Predrag Bejaković

South-East European countries continue to suffer from wide-spread and deeply rooted corruption. This article is concerned with the social and economic sources of corruption and disrespect for the rule of law in the Republic of Croatia (rc), with particular attention being paid to tax evasion. Although the government of the rc has expressed a determination to undertake measures against corruption and tax evasion, it faces criticism that the fight against these social evils is not being given sufficient political support and respect. While it is clear that in the run up to joining the eu the rc has enacted different laws and institutions targeted towards the reduction of corruption; a serious problem remains in the low level of law enforcement. Croatia’s ineffective legal system and a lack of transparency have consequently presented significant challenges to investors. Moreover, the fight against corruption is often hampered by an inefficient public administration and a lack of intra-governmental coordination.


2020 ◽  
Vol 2 (4) ◽  
pp. 645
Author(s):  
Dhanar Dhono Vernandhie ◽  
Sri Kusriyah Kusriyah

This study describes the applicability of Qanun of Aceh No. 6 of 2014 on the Jinayat law (Qanun of Jinayat) in the order of legislation in Indonesia. Therefore this study to analyze these issues, to examine the legality principle as stated in Article 72 of the Qanun of Jinayat and the rule of law by applying the Qanun of Jinayat. This study uses normative research approach, by analyzing the legal ingredients of primary legal materials, secondary and tertiary. The results and discussion of the research was that Qanun of Jinayat not contrary to the order of Indonesian legislation, both formal legislative process and substantive elements of the rule of law which includes setting legal subjects, actions and sanctions of criminalization. Applicability of Qanun of Jinayat also related to three factors, namely philosophical which is a reflection of the values of the people of Aceh, sociological factors are the result of legal politics of the Government of the Republic of Indonesia and the Free Aceh Movement and the factors juridical is the order of the constitution and legislation that higher. Qanun of Jinayat law enforcement requires the law enforcement agencies, particularly the police for continued and consistent enforcement in order to create legal certainty. Suggestions can be submitted is law enforcement-led policy-making and increased synergies between law enforcement agencies in law enforcement for action based on Qanun of Jinayat Jarimah regulated in Qanun of Jinayat.Keywords: Qanun of Jinayat in Aceh; Legality; Legislation; Law Enforcement.�


2018 ◽  
Vol 7 (3.21) ◽  
pp. 317
Author(s):  
M Zamroni ◽  
. .

Hope to have legislation that specifically set while an umbrella in running materialize advocate profession, lawyers are more confident in addition to other law enforcement officials, such as judges, prosecutors and police, as well as respected as an equal partner in the law enforcement process. But the big question is how the existence of the profession of advocate Indonesia before and after the enlawment of Act Number 18 of 2003 concerning the Advocate, as well as any constraints that occur in their implementation. The rule of law relating to the profession of advocate before the enLawment of Act Number 18 of 2003 concerning The Advocate, scattered in various laws, such as Act Number 1 of 1946 on the Law of Criminal Code, Act Number 1 of 1950 on the Supreme Court, Emergency Act Number 1 of 1951 governing temporary measures to organize the unity of the pecking order and civil court events, and Herziene Indlandsch Regalement (HIR). Before the release of Act Number 18 of 2003 concerning Advocates, advocate the use of the term in prLawice there has been no standard for the profession. In various provisions of the legislation of any inconsistency pr. For example Act Number 14 of 1970, as has been replaced by Act Number 35 of 1999, and was replaced again by Act Number 4 of 2004 as well as the latter is replaced by Act Number 48 of 2009, regarding the power of Justice, to use the term legal aid and lawyers. Birth of the Act of the Republic of Indonesia Number 18 of 2003 concerning The Advocate is the expectation of a long delayed during the 58 years since the independence of the Republic of Indonesia, the laws governing the profession of advocate a free, independent and responsible for the implementation of a judicial honest, fair, and legal certainty for all seekers of justice in upholding the law, truth, justice, and human rights.  


2019 ◽  
Vol 2 (2) ◽  
pp. 175
Author(s):  
Hamdan Siregar

The State of the Republic of Indonesia is a legal state which is contained in Article 1 Paragraph (3) of the 1945 Constitution, in the rule of law, the power in running the Government based on the rule of law, in Indonesia there have been many cooperation agreements in the field of plantation, in the establishment of plantation based on the principle legal certainty to protect the parties in the cooperation agreement between BUMD and PT.MTL where in the plantation management agreement is not running smoothly, causing conflict between the community with PT.MTL party. Based on the above issues, what is the legal relationship between the parties in the oil palm plantation cooperation agreement, how is the legal effect on the community rights in the oil palm plantation cooperation agreement, how is the legal protection of the community within the palm oil plantation agreement. This research is juridical sociological with the nature of research is descriptive analytical. Processing is done by editing and then analyzed by using qualitative analysis methode. From the result of the research, it can be concluded that (1) the occurrence of civil relation between the parties based on the cooperation agreement between BUMD and PT.MTL and letter of land delivery between the community and BUMD (2) due to law on community land in this cooperation agreement the transition of rights, from public property rights to State land. (3) the absence of legal protection of community land that has been submitted to the BUMD to be granted the Right to Use Enterprises


Jurnal HAM ◽  
2016 ◽  
Vol 7 (1) ◽  
pp. 1
Author(s):  
Sabungan Sibarani

AbstrakKekerasan Dalam Rumah Tangga (KDRT) dalam ketentuan perundang-undangan di Indonesia tergolong sebuah kejahatan dengan ancaman hukum pidana karena mengakibatkan kesakitan dan penderitaan fisik maupun mental terhadap korbannya. Tujuan penelitian ini adalah untuk mengetahui prospek penegakan hukum Undang-Undang Penghapusan Kekerasan Dalam Rumah Tangga. Metode penelitian hukum yang digunakan pada penelitian ini penelitian hukum normatif yaitu suatu proses untuk menemukan aturan hukum, prinsip-prinsip hukum, maupun doktrin-doktrin hukum guna menjawab isu hukum yang dihadapi. Hasil penelitian menunjukkan bahwa menghapus tindak kekerasan dalam rumah tangga dapat dimulai dengan menghilangkan sebab-sebab dan unsur-unsur pemicunya. Dalam kaitan ini, sekurang-kurang terdapat banyak cara dan usaha yang patut dilakukan agar kekerasan dalam rumah tangga terelakkan atau setidak-tidaknya dapat dikurangi intensitasnya. Prospek penegakan hukum UU PKDRT akan sulit ditegakkan karena banyak kendala dalam pelaksanaannya.Hendaknya Pemerintah mensosialisasikan UUPKDRT kepada publik atau masyarakat secara jelas dan transparan guna menghindari bias atau ketidakjelasan akan isi dan kandungan dari UUPKDRT.Kata Kunci: Penegakan Hukum, KDRT.AbstractViolence in the home (domestic violence) in the provisions of law in Indonesia is a crime with the threat of criminal law, because it caused pain and suffering to the victim physically and mentally. The purpose of this study was to determine the prospects for law enforcement Law on the Elimination of Domestic Violence. Legal research methods were used in this study is a normative legal research process to find the rule of law, principles of law, and the legal doctrines in order to address the legal issues at hand. The results showed that removing the acts of domestic violence can begin by eliminating the causes and elements of the trigger. In this regard, at less there are many ways and efforts that should be done so that domestic violence inevitable or at least be reduced in intensity. Prospects the act, Law enforcement will be difficult to enforce because a lot of problems in implementation. The government should disseminate the act to the public or public is clear and transparent manner in order to avoid bias or lack of clarity of the contents and the contents of the act.Keywords: Law Enforcement, domestic violence.


Wajah Hukum ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 354
Author(s):  
Nashru Nazar Rosyidi ◽  
Oci Senjaya

Nowadays, there are more and more crimes of child sexual abuse in Indonesia. Children should be protected by the government in order to become the nation's next generation. In 2019, the Mojokerto District Court sentenced the defendant Aris (20) who was convicted of a crime of sexual abuse against a child and this verdict was the first verdict in Indonesia to impose chemical castration on perpetrators of crimes of sexual abuse against children. This writing uses the juridical-normative method which looks at empirical data as a reference for writing this journal. For some parties, chemical castration punishment is considered effective in punishing perpetrators of crimes of child sexual abuse so that it becomes a frightening thing for other perpetrators of sexual abuse crimes. This is included in the category of the theory of the purpose of punishment in order to create order and order in society. Perppu Number 1 of 2016 is the legal basis for the application of chemical castration punishment. However, there are many pros and cons to castration. One of the things that has created contra is contrary to the ratification of human rights. Considering that Indonesia is a state based on the rule of law, which is obliged to protect human rights guarantees as stated in Article 28 I of the 1945 Constitution of the Republic of Indonesia.


2020 ◽  
Vol 6 (6) ◽  
pp. 244-251 ◽  
Author(s):  
G. Berdimuratova

This work is devoted to the consideration of the constitutional directions of interaction and interdependence of the judiciary of the Republic of Uzbekistan and the Republic of Karakalpakstan. As a result of studying the issues under consideration, the author concludes that the importance and significance of the role and place of the judicial branch of the government in the mechanism of separation of powers is precisely in ensuring the rule of law, avoiding violations of the principle of legality and the rule of law based on it.


2021 ◽  
Vol 2021 (2021) ◽  
pp. 101-111
Author(s):  
Igor COBAN ◽  

Enforcement is a fundamental institution of civil procedural law and an essential component of justice in a state governed by the rule of law. Enforcement in the light of the European Convention on Human Rights is an integral part of the „right to a fair trial”. The mere recognition of the right or the obligation of the debtor to restore the violated or contested right is often not enough. The legislator of the Republic of Moldova modernized the enforcement system by reforming it to the private system of enforcement of civil court documents. The object of this study is the particularities of the procedure for contesting the acts of the bailiff according to the legislation of the Republic of Moldova.


Jurnal HAM ◽  
2016 ◽  
Vol 7 (1) ◽  
pp. 1
Author(s):  
Sabungan Sibarani

AbstrakKekerasan Dalam Rumah Tangga (KDRT) dalam ketentuan perundang-undangan di Indonesia tergolong sebuah kejahatan dengan ancaman hukum pidana karena mengakibatkan kesakitan dan penderitaan fisik maupun mental terhadap korbannya. Tujuan penelitian ini adalah untuk mengetahui prospek penegakan hukum Undang-Undang Penghapusan Kekerasan Dalam Rumah Tangga. Metode penelitian hukum yang digunakan pada penelitian ini penelitian hukum normatif yaitu suatu proses untuk menemukan aturan hukum, prinsip-prinsip hukum, maupun doktrin-doktrin hukum guna menjawab isu hukum yang dihadapi. Hasil penelitian menunjukkan bahwa menghapus tindak kekerasan dalam rumah tangga dapat dimulai dengan menghilangkan sebab-sebab dan unsur-unsur pemicunya. Dalam kaitan ini, sekurang-kurang terdapat banyak cara dan usaha yang patut dilakukan agar kekerasan dalam rumah tangga terelakkan atau setidak-tidaknya dapat dikurangi intensitasnya. Prospek penegakan hukum UU PKDRT akan sulit ditegakkan karena banyak kendala dalam pelaksanaannya.Hendaknya Pemerintah mensosialisasikan UUPKDRT kepada publik atau masyarakat secara jelas dan transparan guna menghindari bias atau ketidakjelasan akan isi dan kandungan dari UUPKDRT.Kata Kunci: Penegakan Hukum, KDRT.AbstractViolence in the home (domestic violence) in the provisions of law in Indonesia is a crime with the threat of criminal law, because it caused pain and suffering to the victim physically and mentally. The purpose of this study was to determine the prospects for law enforcement Law on the Elimination of Domestic Violence. Legal research methods were used in this study is a normative legal research process to find the rule of law, principles of law, and the legal doctrines in order to address the legal issues at hand. The results showed that removing the acts of domestic violence can begin by eliminating the causes and elements of the trigger. In this regard, at less there are many ways and efforts that should be done so that domestic violence inevitable or at least be reduced in intensity. Prospects the act, Law enforcement will be difficult to enforce because a lot of problems in implementation. The government should disseminate the act to the public or public is clear and transparent manner in order to avoid bias or lack of clarity of the contents and the contents of the act.Keywords: Law Enforcement, domestic violence.


2018 ◽  
Vol 1 (2) ◽  
pp. 565
Author(s):  
Ragil Tri Wibowo

Restorative Justice or mediating a settlement out of court or in the absence of legal proceedings, a form of means to enforce the laws that promote justice for those who were litigants. In addition there is the meaning contained in the Restorative Justice or settlement out of court legal settlement that is the rapid acceleration by not leaving the rights of each party and in accordance with the laws of life (living law) which is part of the customs that exist in Indonesian society. However Restorative Justice and mediation in Indonesia there is no definite legal umbrella so that the rule of law has not regulated the process of implementation, but reality on the ground Restorative Justice or mediation process has been commonly carried out and have a positive impact. In the most preferred law enforcement is a sense of justice both the victim and of the perpetrator so that mediation between the parties is very influential in the settlement. In the implementation of Restorative Justice and mediation can only be carried out against the legal process done by children as offenders (minors) with Diversi term, but for other general criminal cases there are no rules that govern them. Restorative Justice and mediation have often carried out in developed countries, but in Indonesia there is no definite rules related to the implementation, therefore we are pushing for the parties berkompenten about the manufacture or preparation of regulations on the enforcement of the failure by a review of the application of Restorative Justice in common criminal case.Keywords: Investigation; The Law Of Life; Restorative Justice.


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