Model Of Punishment: Juvenile Justice Systems

The position of children who have special rights in the law makes children get special treatment. In the juvenile justice system in Indonesia, there are two systems of sanctions, namely criminal sanctions and actions, and this is done to realize the protection of children who are dealing with the law. This research is a normative juridical review, using a statute, comparative and conceptual approaches. The results show that the imposition of sanctions on children is based on the child's age, where children aged 12 to before 14 years can only be sanctioned with actions, and children aged 14 to before 18 years may be subject to criminal sanctions or actions.

The Model Of Local Regulation Of The Human Rights Fulfillment Based On Progressive Law

One of the materials for the amendment of the 1945 Constitution is the guarantee of human rights and constitutional rights of citizens. This change can be seen as a manifestation of awareness about the importance of protecting the human rights and constitutional rights of citizens, which grows and becomes the spirit of reform. Local governments have an important role in presenting the spirit of reform by presenting Regional Regulations for the Fulfillment of Human Rights. The material model for the content of the Local regulation Fulfillment of Human Rights based on progressive law relies on three things, namely: laws and regulations that regulate human rights both vertically and horizontally, the contextual reality of the recognition and protection of human rights found in local communities and thirdly for humans and humanity. Systematically, the division of chapters containing the content in it consists of: general provisions; principles and objectives; type of human rights; human rights recognition; protection of human rights; fulfillment of human rights; community participation; guidance and supervision; funding and closing provisions. By using the socio-legal approach, this paper describes the material model for the content of regional regulations regarding the fulfillment of human rights based on progressive law.

The Function Of Sharia-Based Regional Regulations On Education And Social Services In The Regions

Through access to regional autonomy, the desire of various regions to formulate Islamic law into their laws and regulations in order to fulfill rights and obligations and respond to various problems of society becomes more open. Therefore, the purpose of this research is to reveal how the function of Sharia Regional Regulations in the implementation and fulfillment of basic service duties of local government, especially from the aspects of education and socio-culture in Gorontalo Province. This type of research includes normative legal research supported by empirical data, which examines comprehensively and analytically the primary and secondary legal materials, using statute approach and case approach. The result of the research indicates that the existence of these regional regulations is one of the provisions ensured in Law no. 23 of 2014 on Local Government and Government Regulation Number 38 of 2007 on the Division of Government Affairs, between the Provincial Government and Regency/Municipal Government. The regional regulations drafted and compiled by the Gorontalo provincial government actually assure harmony of life, security, and order. As it is in the field of one's religious education. The existence of the Regional Regulation of Reading and Writing Al-Qur'an in Gorontalo is able to embody the desire of students to develop their education to higher level, as a condition for entering the next school level. Meanwhile, from the socio-cultural aspect, the existence of Regional Regulations on the Prohibition of Gambling, Prostitution, and Liquor, helps the government create order and tranquility in people's lives, maximize regional potential and development, especially with regard to local wisdom. Therefore, the Regional Government requires to implement and maximize the provisions of sharia regional regulations in order to support development, especially those related to basic services in various aspects, in order to maximize the regional potential and local wisdom.

Granting Business License to Fuel Traders “Pertamini” As a Form of Legal Protection

Oil and Gas plays an important role in the fulfillment of fuel needs from both the industrial and transportation sectors. This regulation on Oil and Gas has provided a legal basis in its implementation. The presence of retail fuel businesses "Pertamini" is causing legal problems, this is because the existence of these businesses do not have a formal business license at all.This paper analyzes the sale of fuel under the brand "Pertamini" which does not have a business license. This research uses normative legal research method with statute approach and conseptual approach.The results showed that, with the increasing number of "Pertamini" fuel traders without a license, it will certainly have implications for the law and uncontrolled management of Oil and Gas. Therefore, the government and related agencies can issue permits to "Pertamini" fuel traders. Because by obtaining a legal business license, in terms of its management can be carried out optimal supervision to prevent the occurrence of fuel misuse. This also includes efforts to provide certainty and legal protection to "Pertamini" Fuel Traders.

The Law Enforcement Weakness of Songs and Musics Copyright Crimes

This research aimed to: (a) obtain the forms of copyright infringement of songs and/or music (with or without lyrics); (b) understand the role of the police, in this case the Police Precinct, in the law enforcement; (c) identify the factors that influenced the law enforcement. The research method used the normative-empirical legal research, with the initial stages of specifying norms in order to get the proper picture, and then specifying empirical events in order to get the real picture. The research results showed several matters: 1) The forms of copyright infringement of songs and/or music (with or without lyrics) found included: the distribution of the works or the copies, the performances of the works, and the announcements of the works; 2) Police Precinct did notultimately carry out their role as a law enforcer for the copyright infringement of songs and/or music (with or without lyrics); and 3) The factors that influenced the law enforcement on the copyright infringement of songs and/or music (with or without lyrics), namely: legislation factor, in the matter of complaint offenses; law enforcement factor, in terms of the capacity of members; less supportive factor of facilities and infrastructure; legal awareness factor, in the problem of the lack of legal counseling; and cultural factor, related to the differences in norms in the copyright law between those in society and those in regulations.

Omnibus Law Draft in the Perspective of Constitutionality and Legal Politics

Overlapping norms in regulations, for example in the Natural Resources sector in terms of ease of investment, which previously had been sufficiently well regulated in the Law, many of the rules were cut through the omnibus law draft. The issues to be discussed are the constitutionality of the omnibus law concept in achieving legal certainty and usefulness in Indonesia. The research method used is normative juridical legal research. The results show that the omnibus law will also not interfere with the hierarchy of statutory regulations because the omnibus law is actually applied the same as the usual statutory regulation formation system. Apart from that, the omnibus law will also provide significant legal objectives in the form of legal certainty and usefulness compared to the normal law revision method (one by one).

A Legal Review of Sailing Approval Letter: Systems and Procedures

Every ship that is going to sail is required to have a sailing approval letter issued by the harbormaster as an effort to control the security and safety of shipping. This research is a normative-legal research using a statute, comparative and conceptual approaches.The results show that the harbormaster as a government official at the port carries out and supervises efforts to fulfill shipping safety and security as a government administrative action by issuing a state document in the form of a sailing approval letter through a system of procedures for issuing a sailing approval letter. This letter is given to every ship that will sail or leave the port by ensuring that the ship, crew and cargo have technically-administratively fulfilled all sailworthiness requirements. The compliance of all parties in implementing the procedure for the issuance of the sailing approval will lead to the achievement of safety and security in shipping.

Body Shaming Through Social Media As a Digital Crime In The Era of Disruption

Digitalization has ushered in an era of disruption. The negative impact is body shaming. In the case of body shaming in Indonesia in 2018, “there were 966 cases of physical humiliation or body shaming handled by police from all over Indonesia throughout 2018. Most recently in 2019, public figures were also affected. No less surprising, this phenomenon does not only attack adults but also babies. The problem raised in this paper is what legal factors influence the rise of body shaming as a digital crime in the era of disruption. The approach method used is conceptual. In conclusion, the legal factors that influence the prevalence of body shaming are the substance of law and legal culture. In the aspect of legal substance, some areas have not been touched by current regulations, even though the legal realm is often used as a catalyst for digital body-shaming crimes. Meanwhile, in the aspect of legal culture, the problem of legal conflicts and low legal compliance are the main problems. To make matters worse, the attitude of the victim who prefers to ignore the treatment they receive without taking a fight justified by law makes the perpetrators of body shaming even wilder and more frontal, because law enforcers, as part of the legal structure, are unable to take action because this act falls under the complaint offense. Suggestions, improved regulations and the role of the press and the public to change the way they view body-shaming behavior

The Impacts of Government Policy on Covid-19 to Airlines Liability: A Case Study in Indonesia

The impact of Covid-19's impact on the air transportation sector, especially in Indonesia. This article will discuss the impact and responsibility of airlines on the policies adopted by the Indonesian government regarding the COVID-19 pandemic. This article uses a normative juridical legal approach, research based on literature or secondary material. Meanwhile, the data obtained through legal analysis and social phenomena that occur in society. The rules that must be obeyed by airlines require them to do flight restrictions and cancellations. As a consequence of the cancellation, the airline must return the funds to passengers who have purchased travel tickets and the airline cannot hide behind force majeure. As the party issuing policies, the Government must be able to see a balance in social life and provide appropriate legal protection. In addition, the Government may not issue policies that can lead to different interpretations of those who read the policies. These strict regulations are needed so that passenger rights can be realized which is the responsibility of the airline.

An Indication of China's Policy towards Uighurs and its Implications by International Law Aspects

This article examines the Chinese government's policy towards Uighurs for the purpose of outlining and explaining indications of the policy that have implications on the legal aspects of this international law. This study was researched using normative juridical methods with expansive analysis based on logical-normative approaches. The results of the analysis show that broadly the policies China implements against the Uighur population are indicated to acts of discrimination. China's main interest is sovereignty, so of course, China will not allow the release of any territory from China. While the implications in the context of International Law as to uphold the guarantee of civil and political rights, liberal and democratic principles or independence, and individual freedom in relation to the state. The points of conflict identified, especially concerning the reach of equality of rights between ethnic Uighurs and other ethnicities in China, the prohibition of inhumane punishment and degrading dignity, and religious freedom.