Urgensi Pemisahan Penyelenggaraan Pemilihan Umum Serentak Nasional dan Lokal

This paper aims to evaluate the simultaneous elections and view the legal politics of separating the implementation of the simultaneous national and local elections for strengthening democracy in Indonesia. This study uses a normative juridical research method with a statutory and conceptual approaches. The results of the study show that the implementation of simultaneous elections in 2019 provided problems for organizers and voters. One of the suggestions for reforming the elections is to separate local and national elections. The the legal politics objectives of separating the elections consist of two, namely the level of organizers and voters as well as aspects of the election process and the quality of election results. This separation is expected to remove voter pragmatism, and focus more on the vision and mission of the candidates. Political parties will also carry out their functions optimally, be focused, and be able to carry out political education as they should.

Kebijakan Moderasi Pidana Mati dalam RUU KUHP Perspektif Nilai-Nilai Pancasila

Draft Law on the Criminal Code (RUU KUHP) still gives place to the death penalty as a type of crime. This policy is in the line of the establishment of the Constitutional Court which considers the death penalty to be constitutional. Even though there has been a decision on the constitutionality of the death penalty, the polemic about its existence still continues. So that we do not sway with various opinions, it is necessary that the death penalty policy is viewed from the perspective of Pancasila, because Pancasila is a legal ideal and at the same time as a Fundamental Norm of the Unitary State of the Republic of Indonesia. This study aims to answer whether the death penalty moderation policy in the Criminal Code Bill is justified from the perspective of Pancasila or not. This research is a doctrinal legal research with a statutory approach, a conceptual approach and a philosophical approach. The results showed that the death penalty policy in the Draft Criminal Code does not conflict with Pancasila.

Regulasi Hukum Terhadap Keterlibatan Korban Tindak Pidana Penyelundupan Manusia

This study aims to analyze the legal regulation of victims who are involved in the occurrence of people smuggling by looking at the forms of participation and the relationship between the perpetrator and the victim. The method used in this research is a qualitative descriptive method with a normative legal approach. The research was conducted by collecting facts of events in the field and analyzing them on the basis of the applicable laws and regulations. The results of the study conclude that victims of criminal acts of human smuggling can be subjects to legal proceedings. That is due to the human smuggling offenses or passive assistance with the severity of which is in accordance with the form and extent of their actions in realizing the crime.

Kebijakan Pemangkasan Struktur Birokrasi di Indonesia

This article aims to find out the policy formulation of reducing the bureaucratic structure in Indonesia and the impact that occurs as its result. This article is a literature research using literature review as a primary legal source supported by secondary data which is the result of implementing regulations in the field. The results of the study indicate that the formulation of the policy of reducing the bureaucratic structure in Indonesia is to eliminate echelon III to echelon V. The main purpose of this cut is to streamline government services through government employees (civil servants). As the impact, organizationally, this cut is not ideal because it is carried out in parallel with the preparation of SOTK. In terms of human resource management, this cut has an impact on the transfer of administrative officials to functional positions that are more competency-based or expertise-based.

Perlindungan Hukum Bagi Kurir dalam Sistem Cash on Delivery Belanja Online

This study aims to find out the legal position of the couriers in online shopping activities, especially in the payment method of COD (Cash on Delivery); the legal protection that can be given to the COD couriers; and the legal protection for the couriers who encounter buyers who default and refuse the goods they ordered. The method used in this research is the normative juridical method by examining library materials or secondary data sources, namely laws and regulations, books, and legal studies. Based on this method, the research was conducted using a statutory approach and a case approach. The results show that the legal position of the couriers in the online shopping with COD method of payment is as a recipient of a deposit, as a person who represents a freight forwarder in carrying out the power of attorney from the seller, and as a recipient of payment from the buyer. The legal protection that can be given to the couriers is ensuring that the couriers are not responsible for any discrepancy or damage to goods that are not caused by his mistake or negligence.

Dinamika Hukum Keluarga Islam dan Isu Gender di Iran: Antara Pemikiran Elit Sekuler dan Ulama Islam

This article examines the dynamics of family law in the Islamic Republic of Iran where there are upheavals and struggles between the secular elites and ulama from 1927 to the present day. This study applied a library research by digging up information related to the theme of the study. The results of this study indicate that the Islamic Republic of Iran is dominantly Shia Imamiyyah (Jafari) but it also accommodates the Hanafi (Sunni) School in the field of marriage law. Iranian family law has gone through many changes. Since 1928 the issue of divorce and marriage which was originally regulated in Irans Qanun Madani came into force in 1930, the Marriage Law was then enacted in 1931. After three decades, in 1967 there was a reformation, the Marriage Law was replaced by the Family Protection act, then it was replaced with the Protection of Family in 1975. These laws are a combination of Islamic Law and French civil Jurisprudence, though they seem more secular. However, since the Iranian Revolution in 1979, these laws have been abolished and all laws in Iran have been returned to sharia law. As a result, the laws become repressive against women, except in the field of inheritance which provides gender equality. While there have been many highly educated women in Iran, since 2006 many women have filed for divorce. On the other hand, the practice of mutah marriage has begun to be abandoned and polygamy is opposed by the community.

Pertanggungjawaban Hukum Terhadap Tindakan Malpraktik Tenaga Medis di Rumah Sakit

This article aims to find out the legal arrangements and liability related to malpractice acts in hospitals. The liability for criminal acts of malpractice is currently an important spotlight because the legal rules governing it are still vague. This is because the qualifications of malpractice acts are not clearly stated in the legal rules. These malpractice acts cannot be seen solely from a scientific point of view, but from a legal perspective too. Malpractice acts contain criminal and civil elements, this should be considered so that each party does not give their interpretations according to their respective knowledges. The research method used in this study is normative juridical by applying library research and conceptual approaches which will then be analyzed using Wetsen Rechtshitorische Interpretatie, grammatical interpretation, and systematic interpretation. Since the independence time until now, Indonesia has experienced three times of the Health Law enactment. The regulations related to medical malpractice in the Health Law state that, in the event that health workers are suspected of negligence in carrying out their profession, the negligence must be resolved first through mediation.

Kedudukan Majelis Kehormatan Disiplin Kedokteran Indonesia dalam Penyelesaian Sengketa Medis antara Dokter dan Pasien

This article aims to analyze the position of the Indonesian Medical Discipline Honorary Council in the Settlement of Disputes between Doctors and Patients. Medical disputes due to alleged violations of medical discipline should be resolved through the Indonesian Medical Discipline Honorary Council, however currently there are still medical disputes that are reported to the court without going through the Indonesian Medical Doctors Honorary Council. This study uses a normative juridical research method with a statute approach and a conceptual approach. The results of this study are based on Article 66 paragraph (1) and paragraph (3) of Law Number 29 of 2004 concerning Medical Practices, there is still legal uncertainty regarding the resolution of medical disputes between doctors and patients, because the word "can" contained in paragraph (1) can mean that the complaint against the Indonesian Medical Discipline Honorary Council may or may not be made. Whereas in paragraph (3) it is stated that it is possible to resolve medical disputes through the courts, which can cause medical dispute resolution to be carried out through the courts.

Peran Negara dalam Perlindungan Konsumen Muslim di Indonesia

This article aims to describe the state’s role in guaranteeing and protecting Muslim consumers in Indonesia to obtain halal products. This article is a normative legal research which is conducted by exploring principles and norms. The conclusion of this article is that the role of the state in protecting Muslim consumers from prohibited products can be seen from two perspectives, namely the Islamic perspective and the Indonesian constitution perspective. From an Islamic perspective, this protection is obligatory, as well as in the perspective of the Indonesian constitution that the role of the state in facilitating Muslim consumers in obtaining halal products has been described in Article 29 of the 1945 Constitution of the Republic of Indonesia which is a justification of the state's role in ensuring the protection of Muslim consumers from products that are forbidden. This is a public interest to create a welfare state.

The Role and Function of Legal Aid Posts (Posbakum) at Biak’s Religious Court Class IIB

This study aims to examine the role and function of the legal aid post (Posbakum) at Biak’s Religious Court Class IIB according to the the national supreme court decree Number 1 of 2014. This study took place at Biak’s Religious Court. The study used an empirical juridical approach. Data were collected through field observations and interviews with research respondents. Data analysis was carried out in a qualitative descriptive manner. The results showed that the implementation of the legal aid post at Biak’s Religious Court in providing services for the poor in general had been carried out very well according to the national supreme court decree Number 1 of 2014, but the community still had difficulties because of the unavailability of direct assistance by officers. it is feared that those who receive legal services will fall into the category of those who are financially able to pay for an advocate given that there are no regulations that stipulate the restriction or criteria for people who are financially incapable of paying for advocate services. This research is expected to provide information for the people of Biak in particular, and people outside Biak in general regarding the benefits of legal aid services for the lower-class community.