Prosiding Seminar Hukum dan Publikasi Nasional (Serumpun)
Merupakan prosiding berisi tulisan-tulisan hasil penelitian dan pengkajian yang sudah dipresentasikan di Call for Paper Seminar Hukum dan Publikasi Nasional (Serumpun) I Tahun 2019 di Fakultas Hukum Universitas Bangka Belitung, tanggal 19 September 2019.
Fakultas Hukum Universitas Bangka Belitung
KONSEPSI HUKUM TERHADAP UNMANNED UNDERWATER VEHICLE (UUV)
The Development of technology made UUVs as useful vehicle could operate with for long periods of time, have longer range and reach depth in the ocean. There is no legal formulation regulated UUVs. This article made using normative research with statue approach method. Regulation of UUVs must be made based on ship flag doctrine and genuine link. UUVs also must be operated witih good faith principle and not violate jurisdiction of coastal state. At the same time, in Indonesia are required to classify UUV as ship. With the existence of domestic regulations so the violation of UUV will be reduced.
Hak Cipta (c) 2022 Prosiding Seminar Hukum dan Publikasi Nasional (Serumpun)
GAGASAN MEDIASI PENAL DALAM PENEGAKAN HUKUM PIDANPERTAMBANGAN IZIN PERTAMBANGAN RAKYAT
People's mining is a prima donna job for people whose area is a producer of mineral and coal mines. So there are many criminal cases of violating people's mining permits. The Center for the Study of Energy and Mining Law (PUSHEP) said that cases in the illegal mining sector or mining activities without permits dominated violations of mining law throughout 2020, reaching 230 decisions. The latest mineral and coal law does not include a penal mediation pattern in its enforcement. While penal mediation is a new legal breakthrough in theory and practice, over time cases of violations of people's mining permits (IPR) are increasing. Because the scope of violations of people's mining permits (IPR) is included in the scope of violations of criminal law in the category of violations and violations of criminal law, including criminal acts in the field of administrative law that place criminal sanctions as the ultimum remedium. So it is considered very appropriate to have provisions for Penal Mediation in the Mineral and Coal Law, especially for handling mining crimes related to people's mining permits (IPR).
SOSIALISASI PROGRAM BANTUAN HUKUM GRATIS GUNA PERLINDUNGAN, KEPASTIAN, DAN KEADILAN HUKUM MASYARAKAT MISKIN DI KECAMATAN TOBOALI KABUPATEN BANGKA SELATAN
The provision of legal aid for the poor is an effort to explain and fight for the rights of the poor to fulfill their subsidy needs by the government. The Criminal Procedure Code strictly regulates the provision of legal aid. Furthermore, the authority for legal assistance in the regions is given by Law Number 16 of 2011 concerning Legal Aid and Minister of Home Affairs Regulation Number 12 of 2014 concerning Guidelines for Handling Cases within the Ministry of Home Affairs and Regional Government. To carry out the order of the law, the South Bangka Regency government has established Regional Regulation Number 8 of 2015 concerning the Implementation of Legal Aid for the Poor. But unfortunately, there are still many poor people in South Bangka Regency who have not enjoyed this free legal aid program. Therefore, the purpose of the idea of this paper is to provide legal information about the free legal aid program for the poor in Toboali District. The result of this activity is expected to be an understanding of the poor people of Toboali District about the free legal aid program, where they can understand the requirements and procedures for obtaining the legal aid program.
PENYULUHAN DI DESA BELO LAUT, KECAMATAN MUNTOK, KABUPATEN BANGKA BARAT SEBAGAI UPAYA PENYELSAIAN MASALAH HUKUM MASYARAKAT DI DESA
The Development of technology made UUVs as useful vehicle could operate with for long periods of time, have longer range and reach depth in the ocean. There is no legal formulation regulated UUVs. This article made using normative research with statue approach method. Regulation of UUVs must be made based on ship flag doctrine and genuine link. UUVs also must be operated witih good faith principle and not violate jurisdiction of coastal state. At the same time, in Indonesia are required to classify UUV as ship. With the existence of domestic regulations so the violation of UUV will be reduced
MAKNA UNSUR MENIMBULKAN RASA KEBENCIAN PADA REGULASI INFORMASI DAN TRANSAKSI ELEKTRONIK PERSPEKTIF CITA HUKUM PANCASILA
The element of causing hatred in Article 28 paragraph (2) of Law no. 19 of 2016 concerning Amendments to Law No. 11 of 2008 concerning Information and Electronic Transactions raises several problems in its implementation. The problem is related to phrases that cause feelings of hatred which can be interpreted in different ways or have multiple interpretations. The analytical knife used to examine these problems is one of the principles derived from the Pancasila Legal Values. The principle of justice was chosen as the analytical knife because it is considered the most relevant to the problem being studied. The research method used is normative legal research. The author is of the view that with the editorship still creating feelings of hatred, it is very possible that many problems will arise at the practical level. Providing an editorial that provides more clarity and legal certainty is felt to be the right choice to be made, so that the intent of the legislators to fulfill justice in society can be realized.
TANGGUNGJAWAB NEGARA DALAM PENGELOLAAN BATAS WILAYAH PESISIR DAN PULAU KECIL
In managing the marine and coastal areas there are still many conflicting matters relating to the boundaries of the sea area. The problem of maritime boundaries occurs because there are still conflicts of norms or rules passed by the central government which have an impact on disputes between government institutions based on regional autonomy. The state must be responsible for disputes between the regional government areas based on the norms and principles of regional autonomy that each region has. The type of research used is normative juridical research. The results of this study First, that the State is obliged to be responsible for maritime boundary disputes because the dispute arises because of overlapping regulations issued by the central government through laws and regulations. Second, how to resolve disputes related to the boundaries of coastal areas and small islands by taking several strategic steps, namely: searching for main area documents, etermining regional boundary lines, making maps of administrative boundaries, legal certainty over administrative areas.
Management of Coastal Areas and Small Islands
Hak Cipta (c) 2021 Prosiding Seminar Hukum dan Publikasi Nasional (Serumpun)
ESENSI PARAHU BAGANDUANG SEBAGAI FALSAFAH MASYARAKAT KUANTAN MUDIK DALAM MENGHADAPI DAMPAK GLOBALISASI
Globalization has an impact on a nation in all aspects, especially in social and cultural aspects, both positive and negative impacts. So it is necessary to strengthen values in order to be able to face the negative impacts of globalization through research on the essence of the Parahu Baganduangtradition as a social philosophy in Kuantan Mudik Kuantan Singingi. The purpose of this study was to determine the essence or value contained, the symbolic meaning, and the influence of the tradition as a social philosophy. Using sociological-normative research methods with library sources, observations, interviews, and documentation. The results of the research in the form of symbols contained in the parahu baganduang include domes, buffalo horns, aniani, pumpkins, cerano, umbrellas, colored cloth, mirrors, and photos of the president. The values contained in the parahu baganduang are religious values, humanity, unity, deliberation in reaching consensus, and justice. Its influence restores the orientation of society to social society, where this tradition is very influential on society and fortifies itself from the nature of individualism. So it can be concluded that the Parahu Baganduang contains a philosophy that
ORIENTASI PERTAHANAN DAN KEAMANAN RAKYAT SEMESTA DALAM REDAKSI MODERNISASI DAN GLOBALISASI
This research is motivated by Indonesia as one of the countries that exist in the world association can not avoid the wave of globalization and modernization is so rapid. So what is the orientation of the universal people's defense and security system in the editorial flow of modernization and globalization? Is it just by taking up arms? What about the dimensions of the issue of national disintegration? This problem then wants the writer to study comprehensively in the repertoire of the people's defense and security in the current stream of globalization and modernization in the current millennial space. Data search is done by reviewing the law regarding Defense and national security. This research method uses a normative juridical approach, namely the method that reviews and discusses the object of research by reviewing it from the side of the legislation. The results of this study are that the use of technology must be accompanied by high morality. This nation is a respectable and dignified nation, not only because of the onslaught of globalization and modernization of honor as an increasingly declining Indonesian nation. Herein lies the passion of the defense and security system of the universal people while standing steadily facing the problem of globalization and modernization in the reduction of national threats.
ANALISIS FAKTOR-FAKTOR YANG MEMPENGARUHI PERMINTAAN IKAN TENGKELESAK DI KABUPATEN BELITUNG TIMUR
gkelesak fish (Arowana Silver typical of East Belitung) is one type of arowana fish which is a typical fish from Belitung Island and is in great demand by the public. The purpose of this study was to analyze what factors influence the demand for Tengkelesak fish in East Belitung Regency. The method of taking the research location was carried out by purposive sampling, namely in Kelubi Village. Respondents in this study were taken by means of incidental sampling totaling 30 people who are consumers of Tengkelesak fish. Data collected using primary and secondary data. The data analysis method used is Multiple Linear Regression with SPSS Statistics 25 tools. The results of this study conclude that factors such as the price of Tengkelesak fish, consumer habits or hobbies of keeping ornamental fish, consumer tastes or tastes, expectations about the future, the amount of consumer income, perceptions of myths and understanding of licensing for the sale and purchase of Tengkelesak fish have no significant effect on demand. Tengkelesak fish. However, partially the factors of consumer habits or hobbies of keeping ornamental fish and perceptions of myths have a significant effect on the demand for Tengkelesak fish (Arowana Silver typical of East Belitung) in East Belitung Regency.
MEWUJUDKAN MASYARAKAT SEHAT DAN PEMULIHAN PEREKONOMIAN MELALUI EDUKASI MAKASSAR RECOVER DI MASA PANDEMI COVID-19
Community Service Programme (KKN) is one form of the Tri Dharma of Higher Education which aims to distribute the knowledge that has been obtained, provide learning experiences, work, and socialize to the community. The Covid-19 pandemic which has spread globally has also had an impact on the implementation of KKN which uses the blended method, namely online and offline by implementing strict health protocols around the living environment. Students as agents of change create work programs to support the implementation of Makassar Mayor Regulation Number 5 of 2021 concerning Makassar Recover which focuses on the Covid-19 pandemic handling program. This activity is in the form of educating the public so that they can optimize the prevention of the transmission of the Covid-19 virus.
INVESTASI MUTU MODAL MANUSIA MELALUI PENDEKATAN EDUKASI TERHADAP POLA ASUH DAN KESEHATAN ANAK
ccess of a nation's development is determined by the availability of quality human resources (HR), namely human resources who have good physical tough, mentally strong, excellent health, and intelligent. For that we need a form of investment in human resources. Investment starts from how to prepare the nation's next generation from an early age. Children are a form of investment for the future, so that the quality of children needs to be improved not only through education, but also basic patterns and concepts of parenting and maintenance of adequate health and nutrition for early childhood, so that the growth and development of children's potential can be optimal. Given the importance of the basic concepts of nutrition and parenting, the service team is interested in giving a role in socializing the community in RT 1 RW 1, Keramat Village, Rangkui District. Finally, it is hoped that parents can use appropriate parenting methods and maintain a healthy lifestyle through balanced nutrition for children so that it has an impact on improving children's health.
PERAN KEMITRAAN PETANI DENGAN PT. SANG HYANG SERI TERHADAP PENINGKATAN PENDAPATAN
Knowing the problems faced by farmers, it is hoped that improvements can be made to improve partnership performance. In addition to evaluating the implementation of the partnership based on the agreed regulations, the success of the implementation of the partnership can be achieved by knowing the level of satisfaction of farmers with the course of the partnership. The increase in income is also one of the benchmarks for the success of the partnership implementation. The purpose of this study was to determine the benefits of partnership between farmers and PT. Sang Hyang Seri, analyzed the level of farmer satisfaction with the partnership program with PT. Sang Hyang Seri, analyzed the income level of farmers who are partnering with PT. Sang Hyang Seri. The results of this study are some of the benefits obtained from the partnership of farmers with PT. Sang Hyang Seri is through a partnership program, farmers will get assistance with production facilities, market guarantees, the company's purchase price is higher than the price prevailing in the market, increased farmer skills, better production quality and increased farmers' income. to the partnership program with PT. Sang Hyang Seri is with a Customer Satisfaction Index value of 81.12 which is in the range of 0.81-1.00 which indicates that the consumer satisfaction index is on the "very satisfied" criteria, which means that farmers are very satisfied with the partnership program they have run together. PT. Sang Hyang Seri. The amount of income obtained by farmers is Rp. 13,817,592/person. In order for the partnership program to continue, the company should improve the procedure for paying harvests to farmers, so that there are no more delays in payments. Both parties should better understand the contents of the cooperation agreement contract so that there will be no more problems in the future.
PERTANGUNG JAWABAN HUKUM NEGARA JIKA TERJADI INDAKAN MALPRACTICE HUKUM DAN MALPRACTICE OKNUM MEDICAL PERSONNEL DALAM PELAKSANAAN PROGRAM VAKSINASI NASIONAL COVID-19 DI INDONESIA
In the commemoration of a working meeting between the Indonesian House of Representatives Commission IX and the Chairperson (KIPI), it was revealed that the victims of vaccines in Indonesia were exposed to the fact that the victims were affected due to follow-up events following vaccine immunization against the community. In thiscontext, the author will look at the optical law of criminal liability for vaccine victims who have died, due to the alleged negligence of medical personnel at the time of administering the vaccine without going through interviews and screening of people who will carry out vaccines and carry out health checks. towards society. This study uses a post-positivism paradigm, aiming to prove that everything is reality-based that can be built based on experience and observation. The researcher here, is neutral towards the object of research, even though the researcher holding this paradigm remains neutral towards the object of research, but he wants to examine what really happened from things that seemed certain. The post-positivism paradigm ontologically conceptualizesreality as it is, but it is realized that there are actually many factors that influence that reality. Consequently, ontologically the post-positivism paradigm conceptualizes law as a set of rules that apply in society whose validity will be influenced by legal, economic, political, cultural, and other factors. Epistemologically, researchers position themselves impersonally, separate from the object of research. The position of the researcher towards the object of research is neutral and impartial and thubut. The results of the author's research, in fact, in Indonesia, there are still many of our people who generally do not understand the science of mukasyafah and the science of understanding the regulations and procedures for the Covid-19 and khabar sadiq vaccination process.
ANALISIS PELAKSANAAN VERZET TERHADAP PUTUSAN VERSTEK DI DALAM PUTUSAN NOMOR 2/VZ/Pdt.Sus-PHI/2017/PN Pbr DENGAN YURISPRUDENSI SURAT EDARAN MAHKAMAH AGUNG REPUBLIK INDONESIA NOMOR 9 TAHUN 1946
Verzet is a legal remedy regarding the Court Ruling determined by the District Court in the condition that the defendant is not present at the first trial and does not send his representative to appear at the trial, even though he has been invited decent for the court trial and without valid reason or known as the Verzet Court Ruling based on Article 125 paragraph (3) HIR. Verstek is present because in civil procedural law' the terms known term rejected Court Rulings that cannot appeal to the court of the first instance and the unacceptable Court Rulings can appeal to a first stage court. The difference between the two is that an inadmissible Court Ruling can be resubmitted to a court of the first instance, whereas a rejected Court Ruling cannot appeal to a court of the first instance. It will surely be very detrimental to the defendant because, in a verstek situation, the defendant does not precisely know the background of the Court Ruling handed down to him and loses the opportunity to defend himself. This study aims to determine the implementation of the concept of verstek Court Rulings in court Court Rulings and the mechanism for conducting verzet on verstek Court Rulings. The research method used is juridical-normative through literature studies and legislation relating to Court Rulings, verstek, and legal remedies. Based on the research result, Court Ruling Number 2/VZ/Pdt.Sus-PHI/2017/PN Pbr has fulfilled the elements to take legal action against the Verzet Court Ruling. Verstek's Court Ruling number No. 02/Pdt.Susu- PHI/2017/PN Pbr fulfills the required elements for a case to be subject to a verstek Court Ruling.
PERKEMBANGAN KEDUDUKAN KOMISI PEMBERANTASAN KORUPSI DALAM SISTEM KETATANEGARAAN INDONESIA: PERSPEKTIF CONSTITUTIONAL DIALOGUE
The debate over the position of the Corruption Eradication Commission (KPK) in the Indonesian state administration system continues at the level of the political superstructure until now. The difference in the theoretical approach used causes there to be no common perception regarding the position of the KPK. Through the perspective of constitutional dialogue, this paper finds the development of the position of the KPK from an independent institution to a quasi-independent institution. Unfortunately, this perspective has not contributed to the ideal institutional position for the KPK. In the future, it is necessary to restructure the KPK institutions through comprehensive changes to the KPK Law. This paper is a normative legal research that uses a statutory, case, and conceptual approach.
PERLINDUNGAN HUKUM BAGI KREDITUR DALAM HAL DEBITOR MENYEWAKAN OBJEK JAMINAN FIDUSIA KEPADA PIHAK KETIGA (STUDI KASUS PUTUSAN MAHKAMAH AGUNG NOMOR 1271 K/PDT/2016)
Today, people's needs no longer revolve around clothing, food and shelter, but also tertiary needs. Automatically there will be so many funds needed to fulfill it, on the other hand the Indonesian people financially do not have enough funds to have it, credit facilities are needed. This paper examines the actions of debtors who have rented out collateral objects to third parties without the knowledge of the creditors from the aspect of legal protection in the case of Case Number: 127/K/PDT/2016. As a result, it is known that the distribution of fiduciary guarantees in the Supreme Court's decision Number 1271 K/PDT/2016 never existed because from the beginning the guarantee was not registered with the Fiduciary Guarantee Registration Office. This causes the guarantee is only limited to guarantees in general.
PENGATURAN PENGELOLAAN WILAYAH PESISIR DAN PULAUPULAU KECIL YANG INTEGRATIF DAN PARTISIPATIF
Coastal areas and small islands have a variety of potential natural resources that play an important role as a buffer for national sovereignty in economic, social, cultural and environmental development. However, in its management it is very vulnerable to conflict between stakeholders. Therefore, it is necessary to conduct research to find out how the concepts and strategies for managing the management of coastal areas and small islands are integrative and participatory. The research method used is normative juridical with a statutory and conceptual approach which is analyzed descriptively qualitatively. Based on the results of the study, it can be concluded that the integrated and participatory management strategy of coastal areas and small islands is carried out through an integrated coastal management approach (Integrated Coastal Management) and a community-based coastal management approach (Community Based Coastal Management). sustainable by integrating various sectors based on community aspirations. The concept of regulation must contain three basic things, namely the existence of a legal basis for management, the form of management, and the role of management. Thus, the management of coastal areas and small islands is used as a guide in managing the management of coastal areas and small islands in a sustainable manner by taking into account the conditions and carrying capacity of the environment.
Management of Coastal Zone and Small Islands
MEMASUKAN LEMBAGA NEGARA INDEPENDEN KE DALAMKONSTITUSI
The post-1998 reform process had quite a significant impact on Indonesia's state structure, including the emergence of independent state institutions that were not bound by any branch of power at the time, such as the anti-Corruption Commission, theNational Human Rights Commission, the Ombudsman, and other independent commisions. The emergence of an independent state institution is based on the response to the increasingly complex needs of the state and many functions of the state that cannot be resolved by existing state institutions, therefore this new state institution is independent and must be free from any power intervention. However, the problem is that the basis for the regulation that becomes the existence of an independent institution is the Law, where the power to form laws in Indonesia rests with the President and the House of Representatives. This makes independent state institutions that are still based on laws easily intervened, amended, even eliminated by the Parliament and the President. Thailand includes independent state institutions in their countries in the constitution, so that independent state institutions are not easily intervened by other branches of power, because just like in Indonesia, independent state institutions are formed on the basis of the inability of existing branches of power to solve a problem. Therefore, Indonesia needs to include an independent state institution in the constitution with the criteria that the state institution be formed on the basis of the inability of other branches of power to solve a problem and be independent.
IMPLEMENTASI STRATEGI 7S DALAM MENINGKATKAN DAYA SAING UMKM
The latest conditions that hit the world, including Indonesia, the COVID-19 pandemic, have changed the order of life. The existence of this pandemic requires SME/UMKM actors to switch to promoting products via the internet by using attractive images or videos. So SMEs / SMEs must equip themselves by increasing knowledge in the managerial field. Ability in the managerial field is also very necessary in maintaining business during this pandemic period and is a demand in the business era of the industrial revolution 4.0. So, SMEs / SMEs must adapt. This change must start from other fields to which knowledge must be added in the areas of ability, staff, style, and values. One of the partners who will be used as a place of service at the Faculty level scheme is PKK women in East Kace. PKK women have members with various business results such as batik, Bangka cake, otak-otak, and others. Partners experienced a decline in sales. So it can be said that sales have decreased so that innovations and strategies are needed in marketing. The development of knowledge of innovation and this strategy will be given to MSME business actors to maximize the managerial abilities of entrepreneurs. The response from MSMEs was very good when the service took place. MSMEs have any questions of the 7S strategy.
IMPLEMENTASI RESTORATIVE JUSTICE DALAM PEMERIKSAAN PERKARA TINDAK PIDANA RINGAN (STUDI KASUS DI PENGADILAN NEGERI JAMBI)
Settlement of criminal acts through formal legal channels does not always have a positive influence on law enforcement, in many cases it is not uncommon for people to want the process to be completed outside the existing judicial system, this is because there is still an assumption that if it continues through the judicial proces it is deemed unbalanced and does not reflect a sense of justice for the community, including the settlement of minor crimes. In response to this, it is deemed necessary to resolve criminal cases with a different approach by providing a balanced position between the perpetrators, victims and other parties involved either directly or indirectly as a result of a criminal act, namely the restorative justice approach. During the examination in court, the application of restorative justice has been regulated in the decision letter of the director general of the general judiciary, in which the aspect that needs to be applied in the examination of minor crimes is the existence of peace efforts between the litigants. For this reason, researchers are interested and want to see how the implementation of restorative justice in the examination of minor criminal cases (case studies in the Jambi district court)”. This research is an empirical juridic research. The results of the research at the Jambi District Court found that judges have a central role in achieving peace between the parties based on the Decree of the Director General of General Courts Number 1691/DJU/SK/PS.00/12/2020 in achieving restorative justice. factors of victims, perpetrators, law enforcement officers and the community, so that in the future it is necessary to optimize the role of judges in resolving minor crimes.
PENATAAN KEWENANGAN DALAM PENANGGULANGAN KEBAKARAN HUTAN DAN LAHAN DI KABUPATEN PELALAWAN
The focus of this research is the arrangement of uthority in forest and land fire prevention in Pelalawn Regency. This is because with the ratification of Presidential Instruction Number 3 of 2020 concerning Forest and Land Fire Control, there has been an increase in institutions in tackling forest and land fires to 28 institutions. Therefore, there is a need for a realignment related to the control of forest and land fires, in particular the efforts to overcome forest and land fires in each district as well as the allocation of funds for handling forest and land fires to each routine budget post and unexpected expenditures in the Regional Revenue and Expenditure Budget. Province/Regency, one of which is in Pelalawan Regency. The type of research used in this research is empirical juridical or sociological legal research. Empirical juridical research is research conducted by identifying the law and how the effectiveness of the law applies in society.
PROGRAM ANTISIPASI PEREDARAN NARKOBA DI DESA (IMPLEMENTASI DI DESA SADAI, KECAMATAN TUKAK SADAI, KABUPATEN BANGKA SELATAN)
As the next generation of adolescents, it is hoped that they can change the situation of a nation for the better. It’s just that big hopes are pinned on adolescents who are faced with several cahllenges, one of which is the abuse of narcotics including in coastal villages such as Sadai Village, Tukak Sadai District, Bangka Belitung Regency, Bangka Belitung Islands Province. Some ofe the probelm-solving methods carried out include starting fom observation, identifying problems, then formulating and implementing solutions that are carried out through Real Work Lectures (KKN). Through this KKN program, UBB students make severa; efforts which are expected to prevent drug trafficking, starting from the declaration of Sadai Dewi Themis (Lawful, Emancipative, Independent, Inspirational and Sustainable Marine Tourism Village), sozialitation of Sadai Clean Drugs Village by BNN South Bangka Regency, and the students are active in socializing to the community on various occasions.
Darwance , Dwi Haryadi , Izma Fahria , Zico Wijaya , Naning Rahayu
Hak Cipta (c) 2019 Prosiding Seminar Hukum dan Publikasi Nasional (Serumpun)
Hak Cipta (c) 2020 Prosiding Seminar Hukum dan Publikasi Nasional (Serumpun)
PANCASILA SEBAGAI LANDASAN PENGEMBANGAN SISTEM PERLINDUNGAN TERHADAP KORBAN KEJAHATAN
Pancasila as a fundamental for developing system of protection for victims of crime which means making the value of Pancasila as a fundamental concept of legal protection for victims, considering the pattern of legal protection is more dominated by concept of legal protection for pereptrator. Legal protection for victims in legal system includes laws and regulations and law enforcement have to make Pancasila as the source of the development value. Because the goal of state must be achieved by applying the values and philoshophy of the nation life that becomes grandnorm (fundamental norms) in every aplicable laws and regulations in Indonesia by aligning the protection of victims same as legal standing of perpetrator of victims.
MENCIPTAKAN CITA HUKUM MENUJU INDONESIA MAJU MELALUI OMNIBUS LAW
Legal development is an aspiration and manifestation of legal improvement in Indonesia in order to create justice and legal certainty. Indonesia is a civil law system state, but in its development it recognizes and enforces the omnibus law which is known in the common law system, so that in making laws and regulations in order to produce quality regulations. The omnibus law is expected to simplify and provide more legal certainty to the parties and to improve the quality of laws and regulations made by the Government and the House of Representatives. Omnibus law is not the only ideal method or concept in its implementation, because there are still weaknesses in its application, but until now, until a better concept is found, it will be very appropriate to apply the concept of omnibus law to create a law of ideals towards an advanced Indonesia. Therefore, it is very important to carry out legal reforms / reforms either through the omnibus law or by simplifying regulations in order to create justice and legal certainty for all parties, especially justice seekers, as well as for the Government, so as not to become overwhelmed by themselves in its application, with regulations that are applies does not need to be too complicated, the important thing is the quality of the regulations is truly in the interest of the community. Thus, in order to create legal ideals towards an advanced Indonesia, it is very necessary to simplify laws that are in accordance with the conditions and conditions of the Indonesian nation, so that the regulations that are formed are not just arbitrary, without careful and in-depth discussion, in order to produce quality and capable legal ideals. accommodating the interests of citizens and most importantly, it is very necessary to do an evaluation.
KEBIJAKAN PEMIDANAAN DAN REHABILITASI BAGI PENYALAHGUNA NARKOTIKA
The impendence of imprisonment for abusers in the Narcotics Law indicates that narcotics abusers as perpetrator of criminal act. Judges in examining and deciding narcotics abusement cases, especially in imposing conviction and / or rehabilitation decisions, have an important role in the prevention and eradication of narcotics crime. Judges were variant in making decisions for narcotics abusers, this is also related to the arraignment of the public prosecutor. The problem in this study is focused on whether punishment is necessary for narcotics abusers. The approach method used is the normative juridical method and the research specification was carried out with analytically descriptive. The main data source used was secondary data, using data collection techniques through literature study. Data analysis was carried out prescriptively with the statutory approach. Convictions for narcotics abusers potentially become repetition of the criminal act in terms the abusers could become an addict or even as drug dealer. Narcotics abusers are people in sickness which need recovery through medical and social rehabilitation, not imprisonment or deprivation of liberty which could contribute to the narcotics crime improvement and overcapacity of jails or prisons. Abusers obtain the value of justice through medical and social rehabilitation, so that the rights guaranteed in the constitution are fulfilled.
KEBIJAKAN HUKUM PIDANA DALAM PENANGGULANGAN TINDAK PIDANA SYARI’AT ISLAM DI ACEH
Aceh in its very long history has made Islam a foundation and philosophy in life, however, after nearly two decades of the implementation of Islamic syari'at being legally recognized by the state, its effectiveness has not yet been created. Therefore, this study aims to find the formulation of criminal law policies in tackling violations of Islamic sharia in Aceh. This research was conducted using a normative juridical method, which is a doctrinal research. The research found that criminal law policies that can be implemented to overcome violations of Islamic shari'ah in Aceh are through penal and non-penal. Non-penal efforts are efforts that emphasize countermeasures on prevention efforts before the violation occurs, such as harmonizing Islamic law with customary laws that develop and apply in Acehnese society and increasing socialization of Islamic syari'at and a judiciary that is authorized to adjudicate shari'a violations' at Islam so that gampong justice will no longer occur and efforts with penalties are efforts. Then is apaya penal, this effort is an effort whose formulation stage consists of legislative policies, which can be in the form of an increase in the budget and other supporting facilities and facilities in upholding Islamic law, the second is judicial policies in the form of increasing human resources who are truly competent in law enforcement. Islamic law in Aceh. As well as executive policy, namely in the form of application.
FORMULASI SANKSI PELANGGARAN PROTOKOL KESEHATAN COVID-19 DALAM REGULASI DAERAH DI KEPULAUAN BANGKA BELITUNG
Since the announcement of the first positive case of Covid-19 by President Jokowi in early March 2020, life has changed. The use of masks, social distancing, handwashing frequently, and limit social gatherings in crowded places are the main standard of health protocols to prevent and break the chain of the spread of Covid-19. Many efforts have been done by the central and local governments to comply with health protocols, such as work and study from home policies, the prohibition of flights at certain times, mudik, parties, and temporary closure of cinemas, and so on. Nowadays, we come to the era of a new normal to a new habit where various activities must be carried out with strict COVID-19 prevention health protocols. The problem is changing people’s habits with different educational, economic backgrounds, and others are not easy. Therefore, social engineering is needed through preventive and repressive legal regulations to ensure that people obey health protocols. This paper aims to analyze the formulation of local regulations and various alternative and effective sanctions. Some regions in Bangka Belitung Islands have already adjusted and implemented the same regulations suitable for the region’s needs and characteristics and the stakeholders’ capabilities.
URGENSI PERLINDUNGAN HUKUM TERHADAP KONSUMEN PRODUK KOSMETIK PALSU DI INDONESIA
he circulation of fake cosmetics makes the user or consumer become restless because of the many disadvantages on him. Businesses must also be held accountable for what is traded. What is the legal protection of counterfeit cosmetic consumers under the Consumer Protection Act? And, Second, How is accountability for the actions of businesses in selling low quality goods in accordance with the Civil Code?. The research method used is normative juridical by reviewing the legislation. The result is that users or consumers have a form of protection specifically stipulated in the Consumer Protection Act that even consumers can make civil lawsuits and report on the sale of counterfeit products. As well as businesses can be used as defendants for selling counterfeit goods without screening the goods traded. In conclusion, consumers and businesses have the same rights and obligations regarding consumer protection, so that consumers have the right to have protection against goods used in their position as consumers. Businesses can be sued by consumers for negligence in selling counterfeit goods.