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Published By Universitas Pekalongan

2301-6426, 1412-6605

2022 ◽  
Vol 20 (1) ◽  
Author(s):  
Eva Syahfitri Nasution ◽  
Siti Nurahmi Nasution ◽  
M. Hadyan Yunhas Purba ◽  
Akmal Handi Ansari Nasution

<em>This paper aims to analyze the fulfillment the restitution rights for the children as victims after the enactment of government regulation Number 43 of 2017 in Medan based on human rights studies. This research is normative legal research with statute approach which is carried out by examining law and regulations related to the legal issue being raised that is regarding the provision of restitution for child victim of human trafficking in Medan and empirical legal research which gaining data by means direct observation in Medan District Court. Based on the studies, it can be related that restitution must be given to the victims of human trafficking because it is a part of fulfillment of human rights to compensate the victim for losses suffered as the result of a crime.</em>


2022 ◽  
Vol 20 (1) ◽  
Author(s):  
Muhamad Hasan Muaziz ◽  
Andi Tri Haryono ◽  
Abdul Kadir Jaelani

<em>This study tries to analyze the implementation of laws and policies regarding the development of urban agglomerations, analyze agrarian law regulations in Indonesia addressing industrial estate issues, and analyze the leading sectors and economic potential of the city of Semarang. In this study, the authors use the Base Sector Analysis/LQ Analysis, Economic Sector Performance Analysis/Shift Share Analysis, Growth Ratio Model Analysis/GRM, Klassen Typology Analysis, Overlay Techniques, and SWOT Analysis to measure the competitive advantage of each element), and provide policy recommendations for the government as well as for industry players. The object of this research is spread over several industrial areas located in Semarang City including Wijaya Kusuma Industrial Area, Candi Industrial Area, BSB Industrial Park, and Terboyo Industrial Estate. The findings of this study are that it is known that leading sectors such as warehousing, financial services, transportation, retail, real estate, trade, and construction are economic bases that are growing rapidly and can support the development of urban agglomerations.</em>


2022 ◽  
Vol 20 (2) ◽  
Author(s):  
Abdul Kadir Jaelani

<p>This research aims at explaining the standardization of halal tourism management in West Nusa Tenggara. The result shows that the standardization of halal tourism management through Regional Regulation Number 2 of 2016 on Halal Tourism has not solved the problems of regional tourism such as good environmental maintenance from the increasingly damaged biology resource crisis, the deforestation, the limited water resources, soil erosion, sedimentation, abrasion on the cost, coral reef damage, littering 53% or about 250 ton plastic waste every day.  Even, this regional regulation is in contrary to the higher laws and religious nuances. <em></em></p>


2022 ◽  
Vol 20 (1) ◽  
Author(s):  
Abdul Syatar ◽  
Achmad Abubakar ◽  
Muhammad Majdy Amiruddin ◽  
Chaerul Mundzir ◽  
Muammar Bakry

<em>This article aims to integrate the wasathiyah paradigm of the Majelis Ulama Indonesia (MUI) fatwa product and the reality of religious social issues in the midst of the pandemic coronavirus disease 2019 (COVID-19).  This article adopts the normative-sociological approach. This article found that MUI fatwa products acted on strong aspects of moderation (wasathiyah), not just issuing fatwas. Various aspects of considerations (al-muwazanat) in fatwa products are marked by revealing strict arguments by expressing the opinions of the Qur'an, sunna, ijma, qiyas, the opinion of the Imam of the school and credible scholars and the views of other experts who support the issuance of fatwa in accordance with the needs of Muslims. The Washatiyah paradigm of MUI fatwa product is not influenced by political interests. It is in accordance with the maqashid al-shari'ah. The paradigm of MUI fatwa was reflected when recommending to Muslims to support and obey the government.</em>


2022 ◽  
Vol 20 (1) ◽  
Author(s):  
Absori Absori ◽  
Aullia Vivi Yulianingrum ◽  
Rahmatullah Ayu Hasmiati ◽  
Arief Budiono

<em>This research aims to describe the natural resources management policies in the mineral and coal sectors. The description is based on the social welfare value contained in Law No. 3 of 2020 concerning Amendment of Law No. 4 of 2009 concerning Mineral and Coal Mining, as well as Law No. 11 of 2020 concerning Employment and Labour Law. This research employed a normative judicial method based on law regulations that are conceptualized as principles or norms and have evolved into proper human behavior standards. Secondary data were employed by exploring literature correlated with the mineral and coal mining management law and analyzed using juridical-qualitative techniques. Subsequently, the research indicated that the Indonesian government policy in the Mineral and Coal, alongside Omnibus Laws, are unable to accommodate social welfare values and support only profit-oriented businesspersons. This research is expected to proffer suggestions for the central or regional government to make regulations prior to the social welfare principle.</em>


2022 ◽  
Vol 20 (1) ◽  
Author(s):  
Zaki Priambudi ◽  
Sendy Pratama ◽  
Ramdhan Prawira Mulya Iskandar ◽  
Namira Hilda Papuani ◽  
Natasha Intania Sabila

<table width="595" border="0" cellspacing="0" cellpadding="0"><tbody><tr><td valign="top" width="387"><p><em>This article aims to answer whether vaccination is a right or an obligation and how criminal law and Qiyas Shafi’i Mazhab views the basic provisions of criminal law against vaccination objectors. By combining doctrinal and socio-legal research method, this article concludes that vaccination is an obligation because a person's personal right to choose health services, especially COVID-19 vaccination has turned into a public right. Vaccination is the government's obligation to protect public health as part of meeting health needs, following the mandate of the constitution and human rights. According to the relative punishment theory, the application of criminal sanctions is an effort made to maintain public order and peace of society, not as a means of repaying the perpetrator's mistakes. Thus, the sanctions imposed on the perpetrator are solely to provide fear so that they do not repeat their actions and other people do not follow them. There are three main objectives of relative theory, namely prevention, prevention, and reform. Whereas Qiyas Shafi'i Mazhab puts forward the application of qiyas as a justification for imposing criminal sanctions against vaccination objectors. Because a person is prohibited from doing something that endangers himself and others, punishment according to the Qiyas Shafi'i Mazhab can be applied. There are similarities between criminal law and Qiyas Shafi'i Mazhab to a view of the obligation to vaccinate, that is, both allow the reduction of individual human rights for the sake of common interests. Ultimately, this article recommends the need to regulate the handling of COVID-19 vaccination objectors through act so that vaccination and law enforcement can run comprehensively, not partially </em></p></td></tr></tbody></table>


2021 ◽  
Vol 20 (2) ◽  
Author(s):  
Aditya Migi Prematura

The development of technology in the era of industrial revolution 4.0 is very rapid. These developments triggered developments in all sectors, one of the most affected by the industrial revolution 4.0 was the trade sector. In the current era of 4.0, trade has begun to develop from conventional trading that is trading through physical markets or more often we are familiar with supermarkets, malls, mini markets, and so forth to trade through online markets or more commonly known as E-Commerce. This is a fresh wind for consumers because with the switch of trade through E-commerce, a myriad of conveniences offered by the E-commerce. The conveniences include that consumer do not need to leave the house to buy an item, or in other words a trade transaction can be done anywhere without having to spend special time to travel to a store or shopping center. Not only positive things and conveniences caused by this development, but a myriad of problems that nowadays often occur in online buying and selling activities. Starting from goods that do not match the description or information provided by businesses to the delay of goods that have been promised by businesses, to other problems that essentially harm the consumer.


2021 ◽  
Vol 20 (2) ◽  
Author(s):  
Sami’an Sami’an

Drug misusse is a danger that is very alarming, because narcotics can damage the individual users, either physically or mentally. Misue and trafficking of narcotics illegally very detrimental to individuals and the wider community, particularly the younger generation, can even pose a greater danger for the life and cultural values of the nation that will ultimately undermine national security. Researchers divide the efforts of drug misuse prevention by the National Narcotics Agency part of the preventive and repressive. Both of these are key functions (operations) in accordance with the duties of the National Narcotics Agency. The misuse of and illicit traffic in narcotic drugs, psychotropic substances and other hazardous materials (drugs) with various implications and the negative impact is a global problem that threatens the life of the community, state and nation. The National Narcotics agency has mengakomidir theory such as that reflected from the division of tasks fields are categorized into the Areas of Prevention and Community Empowerment, Eradication, and Rehabilitation.


2021 ◽  
Vol 20 (2) ◽  
Author(s):  
Iswantoro Iswantoro ◽  
Resti Dian Luthviati

<p>Agrarian Reform and Land Redistribution have been pursued by the government in various ways. Still, the key question is whether establishing a Land Bank will result in a fair redistribution of land. The purpose of this study is to examine the impact of land banks on agrarian reform and equitable land redistribution following the passage of the Job Creation Act. The findings revealed that the land bank only has a few abandoned lands that are not held by the state, which will be used by the form based on public interest and subsequently handed to the community. The existence of a land bank is a government endeavor to offer land for the public good and for persons who require it.</p>


2021 ◽  
Vol 20 (2) ◽  
Author(s):  
Agung Aditya

This research aims to provide an explanation of the responsibility of notary public in the Court of deed under the hands of a notary public, facts in the field show that a Notary is often called to the court to give testimony on the evidence of the trial, namely a letter under the hand legalized by the notary, therefore there needs to be an explanation of the notary's liability for the deed made or legalized. Notary responsibility for deed under legalized hands is heavier than waarmerking, because the parties sign before notary public where notary does not ascertain the content of a deed whether it is wrong or true. Although only legalization but the deed under the hand has the value of being a valid and strong evidence in court so that sometimes dragging a notary witness in the trial. Notary can be subject to criminal sanctions if they are proven to have harmed one of the parties and the Notary can also be subject to civil sanctions in the form of compensation according to what was suffered by the parties.


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