International Journal of Law Reconstruction
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Published By Program Doktor Ilmu Hukum Unissula

2580-9245

2021 ◽  
Vol 5 (2) ◽  
pp. 354
Author(s):  
Fatin Hamamah

Drug abuse is increasingly prevalent in Indonesia. In connection with the problem of narcotics abuse, a criminal law policy is needed that positions narcotics addicts as victims, not perpetrators of crime. Implementation of rehabilitation is the realization of a rule, this is very important because with an implementation it can be known whether a rule has actually been implemented or not. The research method used is normative juridical, the results obtained state that the application of rehabilitation for Narcotics Abuse Victims is an effort to treat and recover Narcotics Addicts and Narcotics Abuse Victims carried out by the authorities in rehabilitation institutions. The rehabilitation stages for Narcotics Addicts and Victims of Narcotics Abuse are: 1) Initial Acceptance Stage, 2) Detoxification Stage, 3) Pre-Rehabilitation Stage, 4) Coaching and Guidance Stage, 5) Reintegration Stage, 6) Advanced Guidance Stage and 7) Stage Integration into Society.


2021 ◽  
Vol 5 (2) ◽  
pp. 341
Author(s):  
Mariah Sonanggok Purba ◽  
Fixma Raju Sinaga

Online motorcycle taxis have become a favorite public transportation for some people because they are flexible in their activities, can reach places that are not passed by public transportation such as city transportation (public transport), buses, or other types of four-wheeled public transportation. One of the losses experienced by passengers or motorcycle taxi service users is the occurrence of accidents caused by the mistakes of motorcycle taxi drivers. Legal certainty to provide protection to consumers in the form of protection of consumer rights, so that business actors do not act arbitrarily which always harms consumers. The research method used is normative juridical. The results of this study are that most of the Indonesian online motorcycle taxi companies use motorbikes as their means of transportation and receive payment for the services provided, not in accordance with what is stipulated in UULAJ and Government Regulation Number 74 of 2014 concerning Road Transportation. In order to operate the transportation of people not on a route using a public motorized vehicle, the public transportation company is required to have a license to operate the transportation of people not on a route which must meet the requirements. Legal protection for online motorcycle taxi passengers when an accident occurs is divided into 2, namely preventive and repressive legal protection.


2021 ◽  
Vol 5 (2) ◽  
pp. 328
Author(s):  
Heriyanti Heriyanti ◽  
Elvira Fitriyani Pakpahan ◽  
Diana Diana

The rule of Constitutional Court has eased on the essential interpretation inherent in the prevailing prenuptial agreement. The prenuptial agreement is understood no longer as the one drawn up prior to the marital process but thereafter as well, as long as it is not against the norms of religion, public order, morals, and third parties. Essentially, it is in accordance Act on Marriage and seemingly more comprehensive than the interpretation of marital agreement of inherence at civil law. The approach method used is a normative juridical approach, the research results obtained state that the implication that the marital agreement can be drawn up either after or before the nuptial execution. The nuptial agreement is compulsory to be legalized on the notarial deed before the execution. The nuptial agreement before or at the moment of marital execution process under the terms that it does no harm to the third part


2021 ◽  
Vol 5 (2) ◽  
pp. 317
Author(s):  
Andri Winjaya Laksana

Islamic Boarding School or Pesantren is not only a place to teach religion, but also teaches other fields such as agribusiness and even rehabilitation for narcotics addicts. Rehabilitation is a process of integrated treatment activities to free addicts from drug dependence. Pesantren is one of the places that can be used to rehabilitate people who are addicted to drugs by using Islamic values that are usually applied to the students of Islamic boarding schools. This socio-legal research is descriptive in nature, strengthened by analysis of prescriptive interpretation. The results obtained from this study are the position of the Pesantren in the rehabilitation of drug abuse by applying two treatment methods for drug addicts, namely medical treatment and non-medical treatment. The rehabilitation process for narcotics addicts is the first, ablution, the second dzikr, the third five daily prayers in congregation, fourth, fasting on the Monday and Thursday, fifth or the last one is night prayer (Qiyamullail).


2021 ◽  
Vol 5 (2) ◽  
pp. 292
Author(s):  
Sobandi Sobandi

One of the important instruments in a state of law is the existence of an independent judiciary, whether it is based on the doctrine of separation of powers, the notion of a state based on law or democracy. An independent judicial power is not absolute in the sense that it is free to lead to arbitrariness so that there must be restrictions on that power and freedom. The approach method is used a normative juridical approach. The results of the study found that the limitations of judicial power were based on the constitutional basis, namely Article 1 paragraph 3 of the 1945 Constitution, Article 24 of the 1945 Constitution and Article 24 A of the 1945 Constitution. From the concept of separation or division of powers, compose an independent judicial power which is exercised by a Supreme Court and judicial bodies under it and a Constitutional Court. The commercial court as a sub-system within the judicial power is a special court under the general judiciary that has different competencies from other general courts. The implementation of the limitation of judicial power in the competence of the commercial court to realize an independent judicial power is normatively spread out in various laws.


2021 ◽  
Vol 5 (2) ◽  
pp. 306
Author(s):  
Ma'ruf Amini ◽  
Devina Arifani

This study aims to determine the political situation in Afghanistan which is now occupied by the Taliban. This qualitative research method is often called "naturalistic research method" because the research is carried out in natural conditions (natural setting). In this study, researchers used two kinds of data, namely primary data and secondary data. To determine the validity of the data, an inspection technique is needed. The implementation of the inspection technique is based on a number of certain criteria. There are four criteria used, namely the degree of trust (credibility), transferability, dependence (dependability), and certainty. The conclusions of this study are; 1) The Taliban insists that it is committed to peace talks with the Afghan government. The implementation of the original Islamic system will be something they strive for. 2) The Taliban is committed to accommodating all the rights of citizens, whether male or female, based on the noble religious rules of Islam and the noble traditions of Afghan society. The Taliban will allow women to carry out public roles. 3) Advancing a better Afghanistan.


2021 ◽  
Vol 5 (2) ◽  
pp. 255
Author(s):  
Putu Eva Ditayani Antari

This research focuses on the phenomenon of the large number of state commissions in Indonesia, especially in the post-reform era. The purpose of this study is to describe the classification of state commissions in Indonesia. Furthermore, through the idea of simplifying the state commission, it will be able to overcome the problems that often occur due to the large number of state commissions. Through doctrinal legal research using a conceptual and comparative approach, it is known that state commissions are formed as a form of democracy, where there are independent institutions with the main task of supervising the three axes of state power (trias politica), especially in the sphere of government power. This state commission has a legal basis for the formation of various institutions through laws, government regulations, or presidential regulations so that not all state commissions have an equal position in the state administration. Furthermore, the incidental and responsive nature of the formation of state commissions often results in overlapping powers of state commissions. In order to resolve this, the idea is to make simplifications for the current State commission. The act of simplification is carried out by only maintaining a few State commissions that are capable of supporting the spirit of democracy in the State. Meanwhile, other commissions were merged into institutions of other countries. Furthermore, it is given legitimacy based on law to the State commission, so that it is not difficult to determine its position in the Indonesian constitutional system  


2021 ◽  
Vol 5 (2) ◽  
pp. 242
Author(s):  
Suryani Suryani ◽  
Yudi Ahmad Faisal ◽  
Muhammad Anwar Fathoni ◽  
Lukman Santoso

The implementation of Islamic economy in Indonesia is due to the fact that Islam has a comprehensive and universal teaching in all human life aspects, including economy. One encouraging Islamic banking development in Indonesia is indicated by the operation of banks accommodating the Sharia principles. The rapid development of Sharia banking requires an immediate implementation of Good Corporate Governance (GCG) System to provide a maximum protection for the stakeholders, especially customers. The implementation of GCG is expected to help Sharia banking minimize the poor financing quality, increase the bank assessment accuracy, infrastructure, and business decision making quality as well as become the early detection to high risk business areas, products, and services. The implementation of GCG system is greatly important since Sharia banking is the intermediary institution requiring the public or stakeholders’ trust.


2021 ◽  
Vol 5 (2) ◽  
pp. 273
Author(s):  
Sahuri Lasmadi

The International Criminal Police Organization has officially issued a global warning to law enforcement officials in 194 member countries to prepare to prevent and deal with various world criminal networks that will seek to utilize the Covid-19 vaccine, both physically. The online form is counterfeiting the Covid-19 vaccine. This study aims to analyze the criminal act of counterfeiting the Covid-19 vaccine from the Health Law in Indonesia. The research method used is the Normative Law research method, which examines library materials or secondary data. Normative legal research is also called doctrinal legal research.  The criminal act of counterfeiting the Covid-19 vaccine is generally regulated in Article 386 Paragraph 1 of the Criminal Code relating to acts of fraud and forgery. However, it is specifically regulated in the provisions regarding penalties for distributing fake vaccines in Indonesia as regulated in Articles 196, 197, 198, and 201 Act No. 36 of 2009 concerning health. The ingredients are everyone deliberately and producing and circulating counterfeit vaccine preparations. For the criminal act ofCovid-19 vaccine counterfeiting corporate, the corporation can be subject to additional penalties in the form of revocation of business licenses and revocation of legal entity status.


2021 ◽  
Vol 5 (2) ◽  
pp. 228
Author(s):  
Rani Sri Agustina

The submission of credit restructuring during the covid pandemic is a form of legal protection for customers who have difficulty paying credit. The COVID-19 stimulus policy in the banking sector was issued after observing developments in the economic impact related to the spread of COVID-19, which is still continuing globally and domestically. The approach method used is empirical juridical. The results of the research obtained stated that debtors who were affected by COVID-19, including micro, small and medium business debtors, were having difficulty fulfilling their obligations to banks, because the debtor or debtor's business was affected by the spread of COVID-19 either directly or indirectly to the economy. So far it has been running efficiently according to the restructuring agreement. The customer pays according to the agreement that has been made. Credit restructuring to maintain credit quality, which saves from bad credit.


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