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Published By Fiat Justisia

2745-9322, 2723-2492

2021 ◽  
Vol 2 (2) ◽  
pp. 89-102
Author(s):  
Ahmad Musthafa Azhom

The future of human civilization are in the hand of children nowadays. In order to. In order to deliver the better future human civilization the government should create a friendly place for children to live on and growth. By that the government of Indonesia has created the regulations where the focus are to protect the rights of the children. In this research aims to know how far the regulations of child-friendly city in the law regulations have reached. This research uses a normative juridical approach, by examining the regulation of a child-friendly city through the laws and regulations. The data analyzed is secondary data in the form of doctrine or opinion of constitutional law experts, and books, including scientific journals, primary data in the form of UUD 1945 and the law regulations. The data obtained were analyzed deductively and thoroughly by using the low systematic research and the hierarchical level of the low regulations. From the research results, it is found that the Government has made efforts in developing Child Friendly City. Facilitated by the relevant law regulations that are built on the basis of commitment from each network actor to create a Child Friendly City so the policy can run effectively, efficiently and on target. with the character of each related institution in each child protection program, creating the opportunity for the creation of a child-friendly city by accepting ideas and suggestion for the policy of Child Friendly City to build the same perception..


2021 ◽  
Vol 2 (2) ◽  
pp. 125-132
Author(s):  
Imam Pratama Rifky

A presidential threshold or a threshold for presidential candidacy dramatically hinders a person's democratic rights. This is because a person can rightfully nominate and elect themselves through a political party, which must be limited due to this system. The Presidential Threshold could eliminate the fundamental rights of the people in the constitution, where every citizen has the right to be elected and to vote. This statement is stated in Article 28(D) paragraph 3 of the 1945 Constitution, later revealed to be Law No.39 of 1999. With the existence of this presidential threshold, it is feared that it could injure the law's mandate. The research aims to determine whether the presidential threshold injured democracy and the mandate of the 1945 constitution. This research uses a normative approach. The research will focus on the principles, comparisons and history of law. The presidential threshold will close the space for political parties to carry the best presidential and vice-presidential candidates for the community. This automatically kills democracy, political parties' constitutional rights, and the people's right to choose the best and quality, leaders.


2021 ◽  
Vol 2 (2) ◽  
pp. 115-124
Author(s):  
Muhamad Hadiyan Rasyadi

The existence of differences in leave arrangements outside of the state's responsibility for incumbent candidates in the Presidential and Vice Presidential Election (pilpres) and the General Election of Regional Heads and Deputy Regional Heads (pemilukada) have an impact on the sense of justice in granting political rights attached to citizens. The research describes the arrangements' differences from the equality before the law's perspective. The type of research used is normative legal research with descriptive legal research methods. The problem approach used is statutory, comparative, and conceptual approaches. The data used in this research is secondary data, with a literature study method. Furthermore, the technique used in this research is to collect, identify and analyze the data presented in a qualitative descriptive form. The results of the research and discussion show that there are differences in leave arrangements outside of the state's responsibility for presidential and vice-presidential candidates and incumbent regional heads and deputy regional heads in the presidential and regional elections. Theoretically, every legislation formulation and application must be based on the principle of equality before as a form of social justice.


2021 ◽  
Vol 2 (2) ◽  
pp. 79-88
Author(s):  
Aufa Naufal Rishanda

This study aims to describe the consistency of judges' considerations in the Constitutional Court Decision No. 14/PUU-XI/2013 and the Constitutional Court Decision No. 55/PUU-XVII/2019 and its suitability with the design of the election administration according to the 1945 Constitution of the Republic of Indonesia. To measure the consistency of the two Constitutional Court Decisions, the meaning of the original intent of holding elections simultaneously according to the Amendment of the 1945 Constitution of the Republic of Indonesia will be used. This is normative legal research, which uses approach legislation (statute approach) and historical approach (historical approach). The results of this study indicate that the judge's considerations in the Constitutional Court Decision 14/PUU-XI/2013 are inconsistent with the Constitutional Court Decision 55/PUU-XVII/2019. Based on the original intent study, the Amendrs to the 1945 Constitution of the Republic of Indonesia disagreed on the simultaneous implementation of the General Election in Indonesia. So the judge's consideration in the Constitutional Court's decision Number 14/PUU-XI/2013, which requires simultaneous elections, is not following the design of the election administration according to the amendment to the 1945 Constitution of the Republic of Indonesia. Six alternatives for the simultaneous implementation of elections.


2021 ◽  
Vol 2 (2) ◽  
pp. 103-114
Author(s):  
Neillisa Regga Syahputri ◽  
Eny Kusdarini

Good governance is a form of sound innovation and effective implementation of policies and reparations that are responsive to society's needs. In a modern legal state, the implementation of e-governance demands increasingly complex societal developments, especially during the Covid-19 pandemic, which can change the way people live so that all activities must coexist with technology. This article's approach is qualitative with a systematic literature review as a research method to conduct a comparative study of several kinds of literature by analyzing the data to produce accurate and valid data. This article shows the results of implementing good governance through e-governance in modern law countries by following technological developments amid the Covid-19 pandemic. One of the policies is using e-governance as a means of public service to facilitate the implementation of good governance in all areas of life.


2021 ◽  
Vol 2 (2) ◽  
pp. 133-144
Author(s):  
Rakhmat Ubaidillah Ahror

Sexual violence is a crime against humanity. Because, it is, closely related to human rights Cases of sexual violence caused the government to issue the idea of castration for perpetrators of sexual violence. However, this raises pros and cons in the community. The problem of this research is, how is the imposition of castration sanctions on pedophiles from a human rights perspective, and what are the supporting and inhibiting factors for implementing castration sanctions against pedophiles? The study uses a normative juridical and empirical juridical approach carried out on theoretical matters of legal principles. In contrast, the empirical approach is carried out to study the law in reality through behavioural assessments. The study results stated that the perspective of imposing castration sanctions on pedophile perpetrators also reaped the pros and cons in its implementation. Some thought that castration sanctions were quite effective if applied to perpetrators of sexual crimes to immediately provide a deterrent effect on perpetrators and break the chain of sexual crimes that developed in the community. Opinions against the castration sanction are also criticised by various groups, including human rights activists, because castration is considered a cruel punishment for perpetrators, and cruel punishments aim to torture the perpetrators of the crime, but this is undoubtedly related to human rights. Supporting and inhibiting factors for the implementation of castration sanctions against pedophile perpetrators. Supporting factors for the discourse of castration sanctions on perpetrators of sexual crimes against children are caused by the high number of sexual crimes in Indonesia, which has entered a dangerous stage. It was passed into Law Number 17 of 2016. The inhibiting factor is that castration sanctions are not allowed in the national criminal law system. The purpose of punishment, castration is a violation of human rights, seen from the facilities or facilities. Furthermore, there are obstacles from the executor of the castration crime, namely doctors, because it contradicts the code of ethics (KODEKI). Suggestions in this study should be in imposing criminal acts of sexual violence against children to pay attention to humane punishments without degrading and provide benefits, namely a deterrent effect.


2021 ◽  
Vol 2 (1) ◽  
pp. 27-38
Author(s):  
Robinsius Asido Putra Nainggolan

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.


2021 ◽  
Vol 2 (1) ◽  
pp. 57-68
Author(s):  
Dragoș Călin

The Romanian Superior Council of Magistracy (RSCM) has failed to provide stability as an active form of involvement to defend the judicial officers against acts that injures their independenc, impartiality, and professional reputation. The disrespect towards the juidical officers through the media have not motivated the RSM to take any actions. This is not aligned with their responsibility to clarify any miss-leading information. The RSCM has yet to overcome the flawed integrity of the judiciary system.


2021 ◽  
Vol 2 (1) ◽  
pp. 01-12
Author(s):  
Melista Aulia Nurdina

Protection of children faced in conflict with the law and undergoing a criminal period in the Special Development Institution for Children, their rights and needs must always be fulfilled. These children's rights consist of the right to education, skills guidance, health care, and others. This study aims to identify and analyze the fulfillment of children's rights that must be fulfilled in the Special Development Institution for Children. The problem in this research is children's rights that must be fulfilled in the Special Development Institution for Children. The method of implementing the fulfillment of children’s rights in the Special Development Institute for Children, factors that hinder the implementation of the fulfillment of rights in the Special Development Institution for Children. The approach to the problem used in this research is normative and empirical juridical. The data analysis in this study was conducted qualitatively. This study found that the rights of children in the Class II of Bandar Lampung Special Development Institution have been carried out well. The assisted children get formal and non-formal education; the assisted children receive self-development guidance such as hair shaving, electric welding, planting, and mind preservation. The assisted children are also free to play music, exercise, and perform worship according to their respective beliefs. Implementing the fulfillment of children's rights uses an individual approach, and its implementation uses an assessment. Officers have programs to fulfill children’s rights, such as service, guidance, implementation, and supervision. The author suggests that Class II of Bandar Lampung Special Development Institute’s officers can fulfill children's rights ranging from formal education, non-formal education, skills, self-development, religion, maximizing the individual approach method to assisted children so that they can know more about the backgrounds, needs, emotions and interests of these children, as well as improve the quality of existing advice and infrastructure.


2021 ◽  
Vol 2 (1) ◽  
pp. 13-26
Author(s):  
Renaldy Eka Putra

The government passed the Job Creation Law using the Omnibus Law concept, to be used to build the Indonesian economy to attract investors to invest in Indonesia. The Job Creation Law has several clusters in it, one of which regulates employment. Therefore this paper aims to analyze in-depth the ratification of the Omnibus Law policy using a responsive legal approach (Based on Law No.12 of 2011 concerning the Formation of Laws and Regulations) and looking empirically at the obstacles in creating employment in Indonesia, the correlation between the Job Creation Law and the principle of justice in the era of the Covid-19 pandemic. The method used in this paper is normative-juridical with a statute approach and a conceptual approach, then content analysis, which describes and analyzes the scope of legal theory. This paper's type of data is secondary data obtained from literature, books, journals and articles, official reports of National Media related to Omnibus Law in Indonesia.


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