Pub Date : 2021-04-28DOI: 10.31603/variajusticia.v17i1.4573
Anom Wahyu Asmorojati, F. Muhammadi
The law has regulated the quota of women candidates for legislative members of at least 30%. This regulation has encouraged all political parties to seek female members. However, women who have the capacities and capabilities as members of the legislature are difficult to find. One possible reason is their low participation in political education in religious, social organizations, such as' Aisyiyah. This study aimed to analyze the cadre system of women's political education of 'Aisyiyah in the Partai Amanat Nasional (PAN). This research is a normative, empirical legal research with a qualitative phenomenological approach. The informants of this research were 'Aisyiyah cadres or activists who were PAN and the Legislature members. The results showed that the cadre system of women's political education in 'Aisyiyah was carried out naturally through a public leadership capacity-building program. The involvement of 'Aisyiyah women in PAN was not merely practical politics, but it was carried out for the sake of upholding the law in Indonesia. Therefore, they were not affiliated with one particular political party but spread to various political parties in Indonesia. Thus, the involvement of 'Aisyiyah women in PAN was not merely a political movement but a legal movement and da'wah of amar ma'ruf nahi munkar (enjoining the good and avoiding the bad).
法律规定立法委员中女性候选人的配额至少为30%。这项规定鼓励所有政党寻求女性成员。但是，很难找到有能力和能力担任立法机构成员的妇女。一个可能的原因是他们很少参与宗教和社会组织的政治教育，如“爱思雅”。本研究旨在分析泛民族党(Partai Amanat Nasional party，简称PAN)中艾西雅族妇女政治教育的干部制度。本研究是一项具有定性现象学方法的规范性、经验性法律研究。这项研究的资料提供者是爱国阵线的干部或积极分子，他们是国家行动党和立法机构的成员。结果表明，艾希亚妇女政治教育的干部制度是通过公共领导能力建设项目自然进行的。艾希亚族妇女参与国家行动党，不仅具有实际的政治意义，而且是为了维护印尼的法律。因此，他们不隶属于一个特定的政党，而是传播到印度尼西亚的各个政党。因此，艾希亚妇女参与国家行动党不仅是一场政治运动，而且是一场法律运动，是一场“劝善避恶”的运动。
{"title":"Law, Politics, and Women: How were 'Aisyiyah's Cadres Involved in the Party?","authors":"Anom Wahyu Asmorojati, F. Muhammadi","doi":"10.31603/variajusticia.v17i1.4573","DOIUrl":"https://doi.org/10.31603/variajusticia.v17i1.4573","url":null,"abstract":"The law has regulated the quota of women candidates for legislative members of at least 30%. This regulation has encouraged all political parties to seek female members. However, women who have the capacities and capabilities as members of the legislature are difficult to find. One possible reason is their low participation in political education in religious, social organizations, such as' Aisyiyah. This study aimed to analyze the cadre system of women's political education of 'Aisyiyah in the Partai Amanat Nasional (PAN). This research is a normative, empirical legal research with a qualitative phenomenological approach. The informants of this research were 'Aisyiyah cadres or activists who were PAN and the Legislature members. The results showed that the cadre system of women's political education in 'Aisyiyah was carried out naturally through a public leadership capacity-building program. The involvement of 'Aisyiyah women in PAN was not merely practical politics, but it was carried out for the sake of upholding the law in Indonesia. Therefore, they were not affiliated with one particular political party but spread to various political parties in Indonesia. Thus, the involvement of 'Aisyiyah women in PAN was not merely a political movement but a legal movement and da'wah of amar ma'ruf nahi munkar (enjoining the good and avoiding the bad).","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41736285","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}
The fall of President Al-Bashir in 2019 was a turning point in the Darfur conflict that happened for more than 17 years in Sudan. The conflict has forced 2.5 million people away from homes and killed at least 500,000 people. The humanitarian conflict and crisis are motivated by the inter-ethnic conflict in Sudan. With orders from the U.N. Security Council, on March 4, 2009, at The Hague, the International Criminal Court (ICC) issued an arrest warrant for President of Sudan, Omar Hassan Al-Bashir, on charges of war crimes and crimes against humanity in Darfur. The purposes of the study are to understand the factors behind the Darfur conflict, to understand how effective the Sudanese national judicial system is, and the jurisdiction of ICC in resolving Darfur conflict. The study is normative legal research through literature review with the existing books and journals. Two approaches of normative legal research were used, namely statutory approach and case approach. The result shows that Sudan National Court is ineffective in resolving the conflict and has no willingness to settle the conflict. Furthermore, ICC has jurisdiction to settle the Darfur conflict by order of United Nation Security.
{"title":"ICC’s Involvement in Darfur Conflict: Possibility and Prospect","authors":"Yordan Gunawan, Ayu Mega Rakhmawati, Salma Rahmi Pratiwi, Ayu Nopiyaranie, Fatimah Nuraini","doi":"10.31603/variajusticia.v17i1.4254","DOIUrl":"https://doi.org/10.31603/variajusticia.v17i1.4254","url":null,"abstract":"The fall of President Al-Bashir in 2019 was a turning point in the Darfur conflict that happened for more than 17 years in Sudan. The conflict has forced 2.5 million people away from homes and killed at least 500,000 people. The humanitarian conflict and crisis are motivated by the inter-ethnic conflict in Sudan. With orders from the U.N. Security Council, on March 4, 2009, at The Hague, the International Criminal Court (ICC) issued an arrest warrant for President of Sudan, Omar Hassan Al-Bashir, on charges of war crimes and crimes against humanity in Darfur. The purposes of the study are to understand the factors behind the Darfur conflict, to understand how effective the Sudanese national judicial system is, and the jurisdiction of ICC in resolving Darfur conflict. The study is normative legal research through literature review with the existing books and journals. Two approaches of normative legal research were used, namely statutory approach and case approach. The result shows that Sudan National Court is ineffective in resolving the conflict and has no willingness to settle the conflict. Furthermore, ICC has jurisdiction to settle the Darfur conflict by order of United Nation Security.","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43739597","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 : 2021-02-09DOI: 10.31603/variajusticia.v16i2.4164
Istianah Za
Baiʻ al-īnah is the process of buying and selling carried out by the seller to the buyer on a direct or credit basis, which then the goods are resold by the buyer to the original seller at a price lower than the previous purchasing price. This research is normative (doctrinal) research, with a regulative (statute approach) and conceptual approaches, emphasizing the use of secondary data in the form of primary, secondary, and tertiary legal materials. The result shows that: First, the scholars had different opinions on baiʻ al-īnah. Abu Hanifah forbade baiʻ al-īnah from the legally binding sale, and the purchase was illegal. Hence the second sale and purchase were also illegal. Besides, Imam Malik and Ahmad ibn Hanbal also prohibited baiʻ al-īnah because they both adhered to the arguments of sadd aż-żrīʻah, where baiʻ al-īnah contained elements of usury, manipulation to justify baiʻ al-īnah interest. In contrast, Imam al-Syafi'i allowed baiʻ al-īnah because buying and selling were halal (legal), and based on qiyas, the buying and selling model was in line with the law of buying and selling according to the Al-Qur'an. However, al-Syafi'i also prohibited baiʻ al-īnah if any hilah/manipulations occur. Second, Indonesia prohibits baiʻ al-īnah to be applied in Islamic Financial Institutions (LKS), except for one type of baiʻ al-īnah in an emergency case, the for transferring customer debts from Conventional Financial Institutions (LKK) to LKS. Meanwhile, in Malaysia, baiʻ al-īnah can be applied to Islamic financial institutions because Malaysia refers to the opinion of Imam al-Syafi'i. Despite that, Malaysia continuously evaluates the program and regulates baiʻ al-īnah to be applied cautiously. Baiʻ al-īnah in Malaysia is practiced in several Islamic products, including Islamic credit card financing, home financing, gold transactions,etc.
{"title":"Concept & Application of Baiʻ al-Īnah in Islamic Banking in Indonesia and Malaysia","authors":"Istianah Za","doi":"10.31603/variajusticia.v16i2.4164","DOIUrl":"https://doi.org/10.31603/variajusticia.v16i2.4164","url":null,"abstract":"Baiʻ al-īnah is the process of buying and selling carried out by the seller to the buyer on a direct or credit basis, which then the goods are resold by the buyer to the original seller at a price lower than the previous purchasing price. This research is normative (doctrinal) research, with a regulative (statute approach) and conceptual approaches, emphasizing the use of secondary data in the form of primary, secondary, and tertiary legal materials. The result shows that: First, the scholars had different opinions on baiʻ al-īnah. Abu Hanifah forbade baiʻ al-īnah from the legally binding sale, and the purchase was illegal. Hence the second sale and purchase were also illegal. Besides, Imam Malik and Ahmad ibn Hanbal also prohibited baiʻ al-īnah because they both adhered to the arguments of sadd aż-żrīʻah, where baiʻ al-īnah contained elements of usury, manipulation to justify baiʻ al-īnah interest. In contrast, Imam al-Syafi'i allowed baiʻ al-īnah because buying and selling were halal (legal), and based on qiyas, the buying and selling model was in line with the law of buying and selling according to the Al-Qur'an. However, al-Syafi'i also prohibited baiʻ al-īnah if any hilah/manipulations occur. Second, Indonesia prohibits baiʻ al-īnah to be applied in Islamic Financial Institutions (LKS), except for one type of baiʻ al-īnah in an emergency case, the for transferring customer debts from Conventional Financial Institutions (LKK) to LKS. Meanwhile, in Malaysia, baiʻ al-īnah can be applied to Islamic financial institutions because Malaysia refers to the opinion of Imam al-Syafi'i. Despite that, Malaysia continuously evaluates the program and regulates baiʻ al-īnah to be applied cautiously. Baiʻ al-īnah in Malaysia is practiced in several Islamic products, including Islamic credit card financing, home financing, gold transactions,etc.","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-02-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41921860","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 : 2020-12-29DOI: 10.31603/variajusticia.v16i2.3932
Gilang Ramadhan, Amalia Diamantina
This study aims to identify the value of Pancasila justice related to labor in the Job Creation Law. The method used in this research is a normative juridical method through a statutory and conceptual approach. The legal materials used are the 1945 Constitution and Law Number 13 of 2003 concerning Labor (Labor Law) compared to the Omnibus Law, which also regulates Labor. The results showed that the issuance of the Job Creation Law caused many losses for workers/laborers in providing wages, eliminating the right to wages, severance pay, compensation for rights, and compensation for workers/laborers. In addition, there is a lost right in suing an employer if a worker does not receive a layoff because of serious mistakes. Finally, employers who do not include pension workers in the pension program cannot be prosecuted. Amendments to the Job Creation Law must be made considering that laws must be made based on Pancasila justice. In current conditions, workers' rights are being erased so that the Job Creation Law is considered to only favor employers.
{"title":"Problematic Arrangements for Termination of Employment in the Job Creation Law","authors":"Gilang Ramadhan, Amalia Diamantina","doi":"10.31603/variajusticia.v16i2.3932","DOIUrl":"https://doi.org/10.31603/variajusticia.v16i2.3932","url":null,"abstract":"This study aims to identify the value of Pancasila justice related to labor in the Job Creation Law. The method used in this research is a normative juridical method through a statutory and conceptual approach. The legal materials used are the 1945 Constitution and Law Number 13 of 2003 concerning Labor (Labor Law) compared to the Omnibus Law, which also regulates Labor. The results showed that the issuance of the Job Creation Law caused many losses for workers/laborers in providing wages, eliminating the right to wages, severance pay, compensation for rights, and compensation for workers/laborers. In addition, there is a lost right in suing an employer if a worker does not receive a layoff because of serious mistakes. Finally, employers who do not include pension workers in the pension program cannot be prosecuted. Amendments to the Job Creation Law must be made considering that laws must be made based on Pancasila justice. In current conditions, workers' rights are being erased so that the Job Creation Law is considered to only favor employers.","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42296159","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 : 2020-09-22DOI: 10.31603/VARIAJUSTICIA.V16I2.3720
F. Medias, Z. B. Pambuko, C. B. E. Praja, M. Aziz, Duddy Roesmara Donna
Waqf institutions in some Muslim countries including Indonesia face obstacles in providing funds to manage their waqf lands. This paper aims to propose an alternative developing model for Muhammadiyah waqf institutions to meet the financing and management constraints using the concepts of waqf land categorisation using Islamic investment models. In this conceptual paper, the theory is used to propose a model for developing waqf Muhammadiyah in Indonesia. This study identified inefficiencies in managing Muhammadiyah waqf in Indonesia due to financial problems and the lack of ability of waqf institutions in developing assets. The authors have developed an investment model as a source of waqf land financing for Muhammadiyah waqf institutions in Indonesia. This model is expected to be a solution for empowering undeveloped and unproductive Muhammadiyah waqf lands and can be applied by Muhammadiyah waqf institutions in Indonesia. In the development of this study, Muhammadiyah waqf institutions, Islamic financial institutions, and policymakers will find alternatives in developing productive waqf for the ummah. The findings of this study will provide Muhammadiyah waqf institution with an Investment model to develop their waqf. Through this study, waqf will be useful in resolving the problems of poverty, unemployment, social inequality, improving education and health facilities, and improving the Indonesian economy. This model is different from the management of existing Muhammadiyah waqf, which is carried out consumptively. Then, waqf land that has been categorized is transformed into productive assets such as agricultural products and commercial business projects. The proposed investment model is to help Muhammadiyah waqf institutions to develop waqf land. The investment model is used to make Muhammadiyah waqf land more productive and play a role in social welfare.
{"title":"Developing Muhammadiyah waqf lands through Islamic investment model: special case in Indonesia","authors":"F. Medias, Z. B. Pambuko, C. B. E. Praja, M. Aziz, Duddy Roesmara Donna","doi":"10.31603/VARIAJUSTICIA.V16I2.3720","DOIUrl":"https://doi.org/10.31603/VARIAJUSTICIA.V16I2.3720","url":null,"abstract":"Waqf institutions in some Muslim countries including Indonesia face obstacles in providing funds to manage their waqf lands. This paper aims to propose an alternative developing model for Muhammadiyah waqf institutions to meet the financing and management constraints using the concepts of waqf land categorisation using Islamic investment models. In this conceptual paper, the theory is used to propose a model for developing waqf Muhammadiyah in Indonesia. This study identified inefficiencies in managing Muhammadiyah waqf in Indonesia due to financial problems and the lack of ability of waqf institutions in developing assets. The authors have developed an investment model as a source of waqf land financing for Muhammadiyah waqf institutions in Indonesia. This model is expected to be a solution for empowering undeveloped and unproductive Muhammadiyah waqf lands and can be applied by Muhammadiyah waqf institutions in Indonesia. In the development of this study, Muhammadiyah waqf institutions, Islamic financial institutions, and policymakers will find alternatives in developing productive waqf for the ummah. The findings of this study will provide Muhammadiyah waqf institution with an Investment model to develop their waqf. Through this study, waqf will be useful in resolving the problems of poverty, unemployment, social inequality, improving education and health facilities, and improving the Indonesian economy. This model is different from the management of existing Muhammadiyah waqf, which is carried out consumptively. Then, waqf land that has been categorized is transformed into productive assets such as agricultural products and commercial business projects. The proposed investment model is to help Muhammadiyah waqf institutions to develop waqf land. The investment model is used to make Muhammadiyah waqf land more productive and play a role in social welfare.","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48052414","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 : 2020-09-22DOI: 10.31603/variajusticia.v16i2.3740
N. Nasrullah, Putri Anggia
The decision of the Constitutional Court of the Republic of Indonesia (MK RI) Number 63 / PUU-XV / 2017 encourages the formation of laws and regulations regarding tax consultants. However, when viewed in the minister of finance regulation, the tax consultant profession is not implicitly accommodated. This study analyzes the Tax Consultant profession's position in the Indonesian legal system and the future direction after the Constitutional Court Decision Number 63 / PUU-XV / 2017. This research was conducted through a combination of a normative and empiric juridical method. Interviews were conducted with the Directorate General of Taxes at the Ministry of Finance of the Republic of Indonesia and a professional tax consultant to strengthen the arguments. The analysis was carried out in a descriptive qualitative manner. The results showed that the regulation of the tax consultant profession is generally regulated in law. However, this provision does not provide a comprehensive and appropriate legal framework to organize a professional and independent tax consultant. For this reason, in order to provide legal certainty for Tax Consultants and Taxpayers, it is necessary to have a specific law regulating tax consultants in Indonesia. The Tax Consultant Law can serve as a legal umbrella for professional tax work. The government must comprehensively regulate, among others, the rights and obligations of a tax consultant, the scope of duties and powers of a tax consultant, as well as the establishment of a tax consultant organization
{"title":"Regulating Indonesian Tax Consultant Profession: Is it Necessary?","authors":"N. Nasrullah, Putri Anggia","doi":"10.31603/variajusticia.v16i2.3740","DOIUrl":"https://doi.org/10.31603/variajusticia.v16i2.3740","url":null,"abstract":"The decision of the Constitutional Court of the Republic of Indonesia (MK RI) Number 63 / PUU-XV / 2017 encourages the formation of laws and regulations regarding tax consultants. However, when viewed in the minister of finance regulation, the tax consultant profession is not implicitly accommodated. This study analyzes the Tax Consultant profession's position in the Indonesian legal system and the future direction after the Constitutional Court Decision Number 63 / PUU-XV / 2017. This research was conducted through a combination of a normative and empiric juridical method. Interviews were conducted with the Directorate General of Taxes at the Ministry of Finance of the Republic of Indonesia and a professional tax consultant to strengthen the arguments. The analysis was carried out in a descriptive qualitative manner. The results showed that the regulation of the tax consultant profession is generally regulated in law. However, this provision does not provide a comprehensive and appropriate legal framework to organize a professional and independent tax consultant. For this reason, in order to provide legal certainty for Tax Consultants and Taxpayers, it is necessary to have a specific law regulating tax consultants in Indonesia. The Tax Consultant Law can serve as a legal umbrella for professional tax work. The government must comprehensively regulate, among others, the rights and obligations of a tax consultant, the scope of duties and powers of a tax consultant, as well as the establishment of a tax consultant organization","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41809178","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 : 2020-09-22DOI: 10.31603/VARIAJUSTICIA.V16I2.3903
A. Laksana
This study aims to identify the urgency and the form of law enforcement reform in the Covid 19 pandemic era. The approach method used is juridical normative. The type of data used in this research is secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The result shows that law enforcement reform in the Covid 19 pandemic era took online trials of courts. Based on the value of justice to achieve legal certainty manifested in online trials, legal certainty in online trials in achieving justice values in criminal cases is legal. The criminal justice system reviews it since the investigation, prosecution, trial, and execution. Some legal actions can be seen from 3 (three) things: position, authority, and procedure as parameters of the action or legal action carried out at each process level case.
{"title":"Law Enforcement Reform on Covid 19 Pandemic: a Necessity or an Innovation?","authors":"A. Laksana","doi":"10.31603/VARIAJUSTICIA.V16I2.3903","DOIUrl":"https://doi.org/10.31603/VARIAJUSTICIA.V16I2.3903","url":null,"abstract":"This study aims to identify the urgency and the form of law enforcement reform in the Covid 19 pandemic era. The approach method used is juridical normative. The type of data used in this research is secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The result shows that law enforcement reform in the Covid 19 pandemic era took online trials of courts. Based on the value of justice to achieve legal certainty manifested in online trials, legal certainty in online trials in achieving justice values in criminal cases is legal. The criminal justice system reviews it since the investigation, prosecution, trial, and execution. Some legal actions can be seen from 3 (three) things: position, authority, and procedure as parameters of the action or legal action carried out at each process level case.","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43713068","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 : 2020-09-22DOI: 10.31603/variajusticia.v16i2.3725
Ratri Novita Erdianti, Sholahuddin Al-Fatih
The large number of child abuse rates in the school environment forces the government to make policies to tackle it. Through child-friendly schools, it will provide protection for children in educational units. Furthermore, this paper aims to give a solution through child-friendly school. Not only creating schools that are safe from violence, but child-friendly schools also provide opportunities for children to carry out enjoyable learning processes and strengthen children's character. Child friendly schools have provided legal protection for children's rights while in the education unit. Through a child friendly school program based on the principles of child protection and prioritizing the fulfillment of children's rights, it will be a solution for the government today in dealing with various forms of violence that occur in schools.
{"title":"Children Friendly School as the Legal Protection for Children in Indonesia","authors":"Ratri Novita Erdianti, Sholahuddin Al-Fatih","doi":"10.31603/variajusticia.v16i2.3725","DOIUrl":"https://doi.org/10.31603/variajusticia.v16i2.3725","url":null,"abstract":"The large number of child abuse rates in the school environment forces the government to make policies to tackle it. Through child-friendly schools, it will provide protection for children in educational units. Furthermore, this paper aims to give a solution through child-friendly school. Not only creating schools that are safe from violence, but child-friendly schools also provide opportunities for children to carry out enjoyable learning processes and strengthen children's character. Child friendly schools have provided legal protection for children's rights while in the education unit. Through a child friendly school program based on the principles of child protection and prioritizing the fulfillment of children's rights, it will be a solution for the government today in dealing with various forms of violence that occur in schools.","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46860817","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 : 2020-09-22DOI: 10.31603/VARIAJUSTICIA.V16I2.3590
Kadek Agus Sudiarawan, I. G. N. Wairocana, Bagus Hermanto
The enactment of the Law Number 30 Year 2014 regarding Government Administration with the expansion of Administrative Court competence stimulate confusion and obstacles in norms and theoretical also practical obstacles for the justice enforcers especially Administrative Court Judges. On the other hand, this law is contrary and potentially conflict with Government Administration Law. To resolve this legal problem, Indonesia Supreme Court issuing several Supreme Court Regulation and Circular Letter of Supreme Court for each expansion of Administrative Court competence otherwise the confusion and obstacle in theoretical and practical spheres still conducted the problem for the justice enforcers. This study has aims to analyze and discuss concerning confusion and obstacles faced by enforcers especially Administrative Court Judges and the attitude or solution towards those obstacles. This study is using normative and empirical method with qualitative types as a descriptive analysis article.
{"title":"Are there Obstacles after the Administrative Court Absolute Competence Extension of Indonesia?","authors":"Kadek Agus Sudiarawan, I. G. N. Wairocana, Bagus Hermanto","doi":"10.31603/VARIAJUSTICIA.V16I2.3590","DOIUrl":"https://doi.org/10.31603/VARIAJUSTICIA.V16I2.3590","url":null,"abstract":"The enactment of the Law Number 30 Year 2014 regarding Government Administration with the expansion of Administrative Court competence stimulate confusion and obstacles in norms and theoretical also practical obstacles for the justice enforcers especially Administrative Court Judges. On the other hand, this law is contrary and potentially conflict with Government Administration Law. To resolve this legal problem, Indonesia Supreme Court issuing several Supreme Court Regulation and Circular Letter of Supreme Court for each expansion of Administrative Court competence otherwise the confusion and obstacle in theoretical and practical spheres still conducted the problem for the justice enforcers. This study has aims to analyze and discuss concerning confusion and obstacles faced by enforcers especially Administrative Court Judges and the attitude or solution towards those obstacles. This study is using normative and empirical method with qualitative types as a descriptive analysis article.","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41790282","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 : 2019-10-29DOI: 10.31603/variajusticia.v15i2.2484
Muhammad Kamal, M. Arifin
The leading cause of corruption in the regions is the enormous power in the hands of the local elite. However, the amount of authority held by the regions is not accompanied by an active control function through oversight institutions that involve the community. This study aims to analyze community involvement in the prevention and eradication of corruption in Indonesia. This research is normative legal research with a doctrinal approach. In a democratic country like Indonesia, community participation is needed in the prevention and eradication of corruption. Public participation in efforts to prevent and eradicate criminal acts of corruption is manifested in the form of data search, acquisition, and provision of data on corruption. In addition, the community has the right to provide advice and opinions responsibly for the prevention and eradication of corruption.
{"title":"The Community Role in Prevention and Eradication of Corruption","authors":"Muhammad Kamal, M. Arifin","doi":"10.31603/variajusticia.v15i2.2484","DOIUrl":"https://doi.org/10.31603/variajusticia.v15i2.2484","url":null,"abstract":"The leading cause of corruption in the regions is the enormous power in the hands of the local elite. However, the amount of authority held by the regions is not accompanied by an active control function through oversight institutions that involve the community. This study aims to analyze community involvement in the prevention and eradication of corruption in Indonesia. This research is normative legal research with a doctrinal approach. In a democratic country like Indonesia, community participation is needed in the prevention and eradication of corruption. Public participation in efforts to prevent and eradicate criminal acts of corruption is manifested in the form of data search, acquisition, and provision of data on corruption. In addition, the community has the right to provide advice and opinions responsibly for the prevention and eradication of corruption.","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-10-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41338961","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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