Pub Date : 2021-12-31DOI: 10.21776/ub.arenahukum.2021.01403.6
Ardi Ferdian
Corporate prosecution through formal prosecution is considered to be able to destroy the corporation. If possible, the punishment of the corporation should not cause the corporation to go bankrupt and go bankrupt. The entanglement of corporations in criminal law does not only occur in Indonesia, in the world several phenomenal big cases have disrupted the company's health, which has impacted the company to make efficient by closing several of its subsidiaries and automatically downsizing the number of employees, namely the case that happen to Siemens Aktiengesellschaft (AG) and Volks Wagen (VW). To minimize the bankruptcy of corporations as a result of being convicted, several countries apply the Deferred Prosecution Agreement. The Deferred Prosecution Agreement is an alternative form of dispute resolution carried out outside the court. The author wants to know how the advantages and disadvantages of implementing the Deferred Prosecution Agreement if it is applied in Indonesia by using a conceptual approach and a comparative approach to the application of the Deferred Prosecution Agreement in England and America, to produce the concept of implementing the Deferred Prosecution Agreement in Indonesia. The results of the author's research, the concept of setting up a Deferred Prosecution Agreement at least contains: 1) Corporate approval for cooperation, 2) Process supervision by Judges, 3) Determining the term of the agreement, 4) Standard agreement clauses, 5) Considerations for the use of deferred prosecution agreement only for certain cases. However, we also need to know the advantages and disadvantages of this Deferred Prosecution Agreement concept if applied in Indonesia. The advantages are: 1) The company's reputation and trust are maintained, 2) Minimizes corporate bankruptcy, 3) Shorten, simple and low-cost case resolution, 4) Prosecutors are given the power to regulate the contents of the agreement. Weaknesses: 1) Prone to abuse of authority, 2) Need to make special rules (Lex Specialis). The author suggests that if you apply the concept of the Deferred Prosecution Agreement to corporate crimes, the attorney general should make regulations that regulate the guidelines for the implementation of the Deferred Prosecution Agreement and the standard operating procedures of the prosecutor dealing with the Deferred Prosecution Agreement. If supervision is needed, it is necessary to make special rules regarding the Supervisory Board.
{"title":"KONSEP DEFERRED PROSECUTION AGREEMENT (DPA) DALAM PERTANGGUNG-JAWABAN PIDANA KORPORASI SEBAGAI BENTUK ALTERNATIF PENYELESAIAN SENGKETA","authors":"Ardi Ferdian","doi":"10.21776/ub.arenahukum.2021.01403.6","DOIUrl":"https://doi.org/10.21776/ub.arenahukum.2021.01403.6","url":null,"abstract":"Corporate prosecution through formal prosecution is considered to be able to destroy the corporation. If possible, the punishment of the corporation should not cause the corporation to go bankrupt and go bankrupt. The entanglement of corporations in criminal law does not only occur in Indonesia, in the world several phenomenal big cases have disrupted the company's health, which has impacted the company to make efficient by closing several of its subsidiaries and automatically downsizing the number of employees, namely the case that happen to Siemens Aktiengesellschaft (AG) and Volks Wagen (VW). To minimize the bankruptcy of corporations as a result of being convicted, several countries apply the Deferred Prosecution Agreement. The Deferred Prosecution Agreement is an alternative form of dispute resolution carried out outside the court. The author wants to know how the advantages and disadvantages of implementing the Deferred Prosecution Agreement if it is applied in Indonesia by using a conceptual approach and a comparative approach to the application of the Deferred Prosecution Agreement in England and America, to produce the concept of implementing the Deferred Prosecution Agreement in Indonesia. The results of the author's research, the concept of setting up a Deferred Prosecution Agreement at least contains: 1) Corporate approval for cooperation, 2) Process supervision by Judges, 3) Determining the term of the agreement, 4) Standard agreement clauses, 5) Considerations for the use of deferred prosecution agreement only for certain cases. However, we also need to know the advantages and disadvantages of this Deferred Prosecution Agreement concept if applied in Indonesia. The advantages are: 1) The company's reputation and trust are maintained, 2) Minimizes corporate bankruptcy, 3) Shorten, simple and low-cost case resolution, 4) Prosecutors are given the power to regulate the contents of the agreement. Weaknesses: 1) Prone to abuse of authority, 2) Need to make special rules (Lex Specialis). The author suggests that if you apply the concept of the Deferred Prosecution Agreement to corporate crimes, the attorney general should make regulations that regulate the guidelines for the implementation of the Deferred Prosecution Agreement and the standard operating procedures of the prosecutor dealing with the Deferred Prosecution Agreement. If supervision is needed, it is necessary to make special rules regarding the Supervisory Board.","PeriodicalId":31258,"journal":{"name":"Arena Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49121691","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This research aim is to provide a theoretical basis to permanently remove the political rights of a former prisoners of corruption as an alternative to achieve the purpose of criminal law. This normative research uses conceptual, statute and philosophical approach method. This research result indicate that based on the social contract theory, corruption is a criminal act which has injured the volonte generale and in this regard, a new concept is offered. The new concept is permanent revocation of political rights for a former coruption convicts that in line with peines infarmantes principle but does not apply automatically and must go through a court decision and be apllied for life (restitutio in integrum).
{"title":"PENCABUTAN HAK POLITIK TERPIDANA KORUPSI DALAM PERSPEKTIF SOCIAL CONTRACT THEORY","authors":"Indra Karianga, Haikal Arsalan, Lidya Yubagyo, Cavita Ezra","doi":"10.21776/ub.arenahukum.2021.01403.5","DOIUrl":"https://doi.org/10.21776/ub.arenahukum.2021.01403.5","url":null,"abstract":"This research aim is to provide a theoretical basis to permanently remove the political rights of a former prisoners of corruption as an alternative to achieve the purpose of criminal law. This normative research uses conceptual, statute and philosophical approach method. This research result indicate that based on the social contract theory, corruption is a criminal act which has injured the volonte generale and in this regard, a new concept is offered. The new concept is permanent revocation of political rights for a former coruption convicts that in line with peines infarmantes principle but does not apply automatically and must go through a court decision and be apllied for life (restitutio in integrum).","PeriodicalId":31258,"journal":{"name":"Arena Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46708714","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-31DOI: 10.21776/ub.arenahukum.2021.01403.9
Dyah Susanti
The purpose of this study was to determine the characteristics of the muzara'ah akad with the murabahah system as an alternative in stabilizing soybean prices during the covid-19 pandemic. This normative legal research using statute and conceptual approach, shows that the characteristics of a muzara'ah akad with a murabahah system can be seen from 4 (four) things, namely: First, it consists of 4 (four) people, namely Islamic Banks, Soybean Farmers, Cultivators, and Tempe Producers; Second, the object in the muzara'ah akad with the murabahah system is the form of agricultural capital for the first transaction, and soybeans for the second and third. Third, in this akad, the bank, soybean farmers, and cultivators get a profit, while tempe traders do not get a profit in the form of a margin, but tempe producers benefit, because they can buy soybeans at a lower price. Fourth, soybean farmers who do not have the funds or costs or capital to buy seeds, fertilizers, agricultural equipment, and so on can apply for financing to the bank.
{"title":"MUZARA’AH DENGAN SISTEM MURABAHAH SEBAGAI UPAYA MENSTABILKAN HARGA KEDELAI DIMASA PANDEMI COVID-19","authors":"Dyah Susanti","doi":"10.21776/ub.arenahukum.2021.01403.9","DOIUrl":"https://doi.org/10.21776/ub.arenahukum.2021.01403.9","url":null,"abstract":"The purpose of this study was to determine the characteristics of the muzara'ah akad with the murabahah system as an alternative in stabilizing soybean prices during the covid-19 pandemic. This normative legal research using statute and conceptual approach, shows that the characteristics of a muzara'ah akad with a murabahah system can be seen from 4 (four) things, namely: First, it consists of 4 (four) people, namely Islamic Banks, Soybean Farmers, Cultivators, and Tempe Producers; Second, the object in the muzara'ah akad with the murabahah system is the form of agricultural capital for the first transaction, and soybeans for the second and third. Third, in this akad, the bank, soybean farmers, and cultivators get a profit, while tempe traders do not get a profit in the form of a margin, but tempe producers benefit, because they can buy soybeans at a lower price. Fourth, soybean farmers who do not have the funds or costs or capital to buy seeds, fertilizers, agricultural equipment, and so on can apply for financing to the bank.","PeriodicalId":31258,"journal":{"name":"Arena Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43218433","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-31DOI: 10.21776/ub.arenahukum.2021.01403.1
Husni Syam, Arinto Arinto, Eka An Aqimuddin, Erik Setiawan
Non-governmental organizations (NGOs) have been recognized as having a significant role in the development of the international community, including in the discourse on corporate social responsibility (CSR) Recognition of the international community will relate to its position in international law The ASEAN CSR Network (ACN) is one of the NGOs in ASEAN that focus on CSR ACN position is important to discuss to see the implementation of CSR management in ASEAN This article analyses the position of ACN as a subject of international law and the function of ACN in managing CSR based on international law The research is normative combined with case study with ACN as a main research object The results obtained are ACN does not have possessed legal personality under international law or ASEAN ACN is only a legal subject under Singapore law because it was established in Singapore ACN have function as an agent which is succeed to elaborate responsible business norm within ASEAN.
{"title":"KEDUDUKAN ASEAN CSR NETWORK DALAM PENGELOLAAN CSR DI ASEAN BERDASARKAN HUKUM INTERNASIONAL","authors":"Husni Syam, Arinto Arinto, Eka An Aqimuddin, Erik Setiawan","doi":"10.21776/ub.arenahukum.2021.01403.1","DOIUrl":"https://doi.org/10.21776/ub.arenahukum.2021.01403.1","url":null,"abstract":"Non-governmental organizations (NGOs) have been recognized as having a significant role in the development of the international community, including in the discourse on corporate social responsibility (CSR) Recognition of the international community will relate to its position in international law The ASEAN CSR Network (ACN) is one of the NGOs in ASEAN that focus on CSR ACN position is important to discuss to see the implementation of CSR management in ASEAN This article analyses the position of ACN as a subject of international law and the function of ACN in managing CSR based on international law The research is normative combined with case study with ACN as a main research object The results obtained are ACN does not have possessed legal personality under international law or ASEAN ACN is only a legal subject under Singapore law because it was established in Singapore ACN have function as an agent which is succeed to elaborate responsible business norm within ASEAN.","PeriodicalId":31258,"journal":{"name":"Arena Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47299998","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-31DOI: 10.21776/ub.arenahukum.2021.01403.7
A. Ningsih
In a debt agreement that includes a guarantee regulated in the Mortgage Law, the form of legal protection provided by the State through the Mortgage Law to the creditor is the authority to execute the object of the debtor's guarantee or auction. Implementation of the auction through the State Auction Institution, namely the Office of the State Assets and Auction Service (KPKNL). The purpose of writing this article is to find out the arrangement and implementation of mortgage auctions at KPKNL. The method used is empirical juridical, with the research location at KPKNL Semarang PMK No. 213/PMK.06/2020. Auction of Mortgage through KPKNL is an effective solution for both parties in the case of debtors defaulting, because KPKNL applies regulatory procedures according to applicable regulations that protect the interests of both parties, debtors and creditors properly, which are guaranteed by regulations. The rights of creditors must be protected when the debtor defaults. Settlement of bad debts through auctions must be carried out as the final "ultimum remidium" step for debtors.
{"title":"KAJIAN YURIDIS EFEKTIFITAS PENYELESAIAN KREDIT MACET MELALUI LELANG HAK TANGGUNGAN","authors":"A. Ningsih","doi":"10.21776/ub.arenahukum.2021.01403.7","DOIUrl":"https://doi.org/10.21776/ub.arenahukum.2021.01403.7","url":null,"abstract":"In a debt agreement that includes a guarantee regulated in the Mortgage Law, the form of legal protection provided by the State through the Mortgage Law to the creditor is the authority to execute the object of the debtor's guarantee or auction. Implementation of the auction through the State Auction Institution, namely the Office of the State Assets and Auction Service (KPKNL). The purpose of writing this article is to find out the arrangement and implementation of mortgage auctions at KPKNL. The method used is empirical juridical, with the research location at KPKNL Semarang PMK No. 213/PMK.06/2020. Auction of Mortgage through KPKNL is an effective solution for both parties in the case of debtors defaulting, because KPKNL applies regulatory procedures according to applicable regulations that protect the interests of both parties, debtors and creditors properly, which are guaranteed by regulations. The rights of creditors must be protected when the debtor defaults. Settlement of bad debts through auctions must be carried out as the final \"ultimum remidium\" step for debtors.","PeriodicalId":31258,"journal":{"name":"Arena Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44057977","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-31DOI: 10.21776/ub.arenahukum.2021.01403.2
Gede Kharismawan, I. G. Wisanjaya
This research explains Brexit which leads to fisheries problems between United Kingdom (UK) and European Union (EU), regarding mechanism of methodology in distributing allocation of fishing quotas. This normative research uses statute, case, and comparative approach. The results shows that the problem between United Kingdom and European Union lies in the methodology of determining the amount of fishing quota through legal instruments established by the parties European Union wants to use relative stability model, whereas United Kingdom wants to use zonal attachment model Furthermore, the proposed form of solution that can be used in an effort to solve the fisheries problem between the United Kingdom and the European Union are thorugh one or more variation of zonal attachment, historical attachment, relative stability, or other mechanism (Hannesson Model).
{"title":"PROBLEMATIKA PERIKANAN PADA ZONA EKONOMI EKSKLUSIF INGGRIS DAN UNI EROPA","authors":"Gede Kharismawan, I. G. Wisanjaya","doi":"10.21776/ub.arenahukum.2021.01403.2","DOIUrl":"https://doi.org/10.21776/ub.arenahukum.2021.01403.2","url":null,"abstract":"This research explains Brexit which leads to fisheries problems between United Kingdom (UK) and European Union (EU), regarding mechanism of methodology in distributing allocation of fishing quotas. This normative research uses statute, case, and comparative approach. The results shows that the problem between United Kingdom and European Union lies in the methodology of determining the amount of fishing quota through legal instruments established by the parties European Union wants to use relative stability model, whereas United Kingdom wants to use zonal attachment model Furthermore, the proposed form of solution that can be used in an effort to solve the fisheries problem between the United Kingdom and the European Union are thorugh one or more variation of zonal attachment, historical attachment, relative stability, or other mechanism (Hannesson Model).","PeriodicalId":31258,"journal":{"name":"Arena Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49463027","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-31DOI: 10.21776/ub.arenahukum.2021.01403.10
Nur Chanifah
This study aims to find the formulation of thayyib halal business ethics in the perspective of contemporary maqashid syaria. In Indonesia there are many fraudulent investments under the guise of syari'ah. In fact, Islamic business has the principle of a halal thayyib business that prioritizes the benefit and prosperity of every creature as a form of implementing maqashid sharia. Therefore, it is important to study this problem so that business ethics can be more contextual with current conditions. This research is included in normative research with a conceptual approach and an analytical approach. The data collection method uses literature review. While the research data analysis using descriptive-qualitative. The results show that: first, the formulation of the halal thayyib business in the perspective of Jasser Auda's contemporary maqashid syari'ah is a description of one of the maqashid sharia, namely to maintain and fulfill the desire and benefit of wealth (hifdzul mal). This concept can be viewed in terms of how to get it or in terms of maintaining the property that is already owned. Second, halal thayyib business ethics includes the prohibition on containing elements of usury, gharar, maisir, ihtikar, and bai' najasy'. Meanwhile, the Maqashid sharia is to avoid the practice of tyranny against business people, to avoid gharar in buying and selling transactions so that it is free from fade, loss, and injustice in business transactions, avoiding laziness from work due to dreams and speculation, and to avoid "false requests". which can cause loss or injustice.
{"title":"FORMULASI ETIKA BISNIS HALAL THAYYIB DALAM PERSPEKTIF MAQASHID SYARIAH KONTEMPORER JASSER AUDA","authors":"Nur Chanifah","doi":"10.21776/ub.arenahukum.2021.01403.10","DOIUrl":"https://doi.org/10.21776/ub.arenahukum.2021.01403.10","url":null,"abstract":"This study aims to find the formulation of thayyib halal business ethics in the perspective of contemporary maqashid syaria. In Indonesia there are many fraudulent investments under the guise of syari'ah. In fact, Islamic business has the principle of a halal thayyib business that prioritizes the benefit and prosperity of every creature as a form of implementing maqashid sharia. Therefore, it is important to study this problem so that business ethics can be more contextual with current conditions. This research is included in normative research with a conceptual approach and an analytical approach. The data collection method uses literature review. While the research data analysis using descriptive-qualitative. The results show that: first, the formulation of the halal thayyib business in the perspective of Jasser Auda's contemporary maqashid syari'ah is a description of one of the maqashid sharia, namely to maintain and fulfill the desire and benefit of wealth (hifdzul mal). This concept can be viewed in terms of how to get it or in terms of maintaining the property that is already owned. Second, halal thayyib business ethics includes the prohibition on containing elements of usury, gharar, maisir, ihtikar, and bai' najasy'. Meanwhile, the Maqashid sharia is to avoid the practice of tyranny against business people, to avoid gharar in buying and selling transactions so that it is free from fade, loss, and injustice in business transactions, avoiding laziness from work due to dreams and speculation, and to avoid \"false requests\". which can cause loss or injustice.","PeriodicalId":31258,"journal":{"name":"Arena Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45200555","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-31DOI: 10.21776/ub.arenahukum.2021.01403.3
Y. Ekon
Indonesia and Timor Leste in determining the overlapping territorial sea boundaries in the Ombai Strait, Wetar Strait and Timor Sea are increasingly complex and complicated because of the different baseline application rights between the two countries. The difference is that Indonesia as an archipelagic states has the right to apply normal baselines, straight baselines from point to point and straight baselines of islands, while Timor Leste as a coastal state has no right to apply archipelagic baselines but can only apply normal baselines and straight baselines. This paper aims to analyze and explain how to define the territorial sea boundaries etween Indonesia and Timor Leste in the Ombai Strait, Wetar Strait and Timor Sea This type of research is normative research with data sourced from secondary data Based on the data and analysis conducted, it can be concluded that the determination of territorial sea boundaries in the Ombai Strait, Wetar Strait and Timor Sea begins with the determination of the base point, drawing baselines and boundary lines by the Indonesia and Timor Leste However, the obstacle that will be faced by Indonesia and Timor Leste is the existence of islands in overlapping areas, which must first be determined whether or not it can be determined as the base point for drawing the baseline.
{"title":"PENETAPAN BATAS LAUT TERITORIAL INDONESIA-TIMOR LESTE DI WILAYAH LAUT TUMPANG TINDIH","authors":"Y. Ekon","doi":"10.21776/ub.arenahukum.2021.01403.3","DOIUrl":"https://doi.org/10.21776/ub.arenahukum.2021.01403.3","url":null,"abstract":"Indonesia and Timor Leste in determining the overlapping territorial sea boundaries in the Ombai Strait, Wetar Strait and Timor Sea are increasingly complex and complicated because of the different baseline application rights between the two countries. The difference is that Indonesia as an archipelagic states has the right to apply normal baselines, straight baselines from point to point and straight baselines of islands, while Timor Leste as a coastal state has no right to apply archipelagic baselines but can only apply normal baselines and straight baselines. This paper aims to analyze and explain how to define the territorial sea boundaries etween Indonesia and Timor Leste in the Ombai Strait, Wetar Strait and Timor Sea This type of research is normative research with data sourced from secondary data Based on the data and analysis conducted, it can be concluded that the determination of territorial sea boundaries in the Ombai Strait, Wetar Strait and Timor Sea begins with the determination of the base point, drawing baselines and boundary lines by the Indonesia and Timor Leste However, the obstacle that will be faced by Indonesia and Timor Leste is the existence of islands in overlapping areas, which must first be determined whether or not it can be determined as the base point for drawing the baseline.","PeriodicalId":31258,"journal":{"name":"Arena Hukum","volume":" 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41253298","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-31DOI: 10.21776/ub.arenahukum.2021.01403.4
R. Komalasari, N. Nurhayati, C. Mustafa
This article presents the perceptions of Indonesian Judges in sentencing minor drug offenders. The judge holds a central role in the sentencing process, and because of the judicial discretion they can use it is essential to understand how judges come to their sentencing decisions. To develop an understanding of how judges perceive their actions in decision-making and sentencing of drug users, a total of 31 participants were interviewed. The data demonstrated that justice is presented as conditional, depending on various influencing factors that are primarily, though not entirely, one of tension and contradiction. One of the factors that influence the judge's decision is politics and the legal apparatus. This article contributes to the perception of judges who are influenced by juridical and sociological factors.
{"title":"KEADILAN BAGI PENYALAHGUNA NARKOTIKA DI INDONESIA","authors":"R. Komalasari, N. Nurhayati, C. Mustafa","doi":"10.21776/ub.arenahukum.2021.01403.4","DOIUrl":"https://doi.org/10.21776/ub.arenahukum.2021.01403.4","url":null,"abstract":"This article presents the perceptions of Indonesian Judges in sentencing minor drug offenders. The judge holds a central role in the sentencing process, and because of the judicial discretion they can use it is essential to understand how judges come to their sentencing decisions. To develop an understanding of how judges perceive their actions in decision-making and sentencing of drug users, a total of 31 participants were interviewed. The data demonstrated that justice is presented as conditional, depending on various influencing factors that are primarily, though not entirely, one of tension and contradiction. One of the factors that influence the judge's decision is politics and the legal apparatus. This article contributes to the perception of judges who are influenced by juridical and sociological factors.","PeriodicalId":31258,"journal":{"name":"Arena Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42260466","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-31DOI: 10.21776/ub.arenahukum.2021.01403.8
Asep Kusnali, Rustika Rustika, Ria Anggriani, S. Maimunah, Haris Budiman
The government has issued regulations to ensure the health of Umrah pilgrims however there is no standard of health care for the Umrah pilgrims, either before departing, while traveling and in Saudi Arabia or returning to Indonesia. This study analyzes the Umrah health regulations and their implementation in the perspective of the rights to health. This research is a legal research design with sociological jurisprudence because the object under study is the application of law. The results of this study have explained that the right to health of Umrah pilgrims has been guaranteed in Law no. 8 of 2019 concerning the Implementation of Hajj and Umrah. However, there are still obstacles in the implementation which are the responsibility of the Umrah Travel Organizer, so it is necessary to make a policy by the ministry that organizes affairs in the health sector after carrying out affairs in the field of religion.
{"title":"PENGATURAN PENYELENGGARAAN IBADAH UMRAH DALAM PERSPEKTIF HAK ATAS KESEHATAN","authors":"Asep Kusnali, Rustika Rustika, Ria Anggriani, S. Maimunah, Haris Budiman","doi":"10.21776/ub.arenahukum.2021.01403.8","DOIUrl":"https://doi.org/10.21776/ub.arenahukum.2021.01403.8","url":null,"abstract":"The government has issued regulations to ensure the health of Umrah pilgrims however there is no standard of health care for the Umrah pilgrims, either before departing, while traveling and in Saudi Arabia or returning to Indonesia. This study analyzes the Umrah health regulations and their implementation in the perspective of the rights to health. This research is a legal research design with sociological jurisprudence because the object under study is the application of law. The results of this study have explained that the right to health of Umrah pilgrims has been guaranteed in Law no. 8 of 2019 concerning the Implementation of Hajj and Umrah. However, there are still obstacles in the implementation which are the responsibility of the Umrah Travel Organizer, so it is necessary to make a policy by the ministry that organizes affairs in the health sector after carrying out affairs in the field of religion.","PeriodicalId":31258,"journal":{"name":"Arena Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45539896","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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