Pub Date : 2024-02-27DOI: 10.26532/jph.v11i1.34620
Novie Amalia Nugraheni
Narcotics addicts are "self victimizing victims", because narcotics addicts suffer from dependence syndrome as a result of their own narcotics abuse. The purpose of writing this article is to analyze the current law enforcement against narcotics addicts and the implementation of restorative justice for benefit-based narcotics addicts. This type of legal research is normative juridical research. Crimes related to narcotics include special crimes, where the provisions used include special provisions of the law. Narcotics crimes are called special crimes, because narcotics crimes do not use the Criminal Code (KUHP) as the basis for regulation, but use Law No. 35 of 2009 concerning Narcotics. Narcotics addicts and victims of narcotics abuse are not solely seen as perpetrators of criminal acts, but also as victims, where the implementation of rehabilitation is part of an alternative punishment. The drug users as victims of narcotics crimes must be restored / cured and not to be imprisoned. Restorative justice for drug users can save their future. Even though their past and present have been lost as a result of the drug abuse.
{"title":"THE IMPLEMENTATION OF RESTORATIVE JUSTICE FOR NARCOTICS ADDICTS BASED ON LEGAL BENEFITS","authors":"Novie Amalia Nugraheni","doi":"10.26532/jph.v11i1.34620","DOIUrl":"https://doi.org/10.26532/jph.v11i1.34620","url":null,"abstract":"Narcotics addicts are \"self victimizing victims\", because narcotics addicts suffer from dependence syndrome as a result of their own narcotics abuse. The purpose of writing this article is to analyze the current law enforcement against narcotics addicts and the implementation of restorative justice for benefit-based narcotics addicts. This type of legal research is normative juridical research. Crimes related to narcotics include special crimes, where the provisions used include special provisions of the law. Narcotics crimes are called special crimes, because narcotics crimes do not use the Criminal Code (KUHP) as the basis for regulation, but use Law No. 35 of 2009 concerning Narcotics. Narcotics addicts and victims of narcotics abuse are not solely seen as perpetrators of criminal acts, but also as victims, where the implementation of rehabilitation is part of an alternative punishment. The drug users as victims of narcotics crimes must be restored / cured and not to be imprisoned. Restorative justice for drug users can save their future. Even though their past and present have been lost as a result of the drug abuse.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":"34 21","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140425760","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 : 2024-02-25DOI: 10.26532/jph.v11i1.34435
Tata Wijayanta, Sheva Trisanda Adistia
This study aimed to find out and analyze the implications of the regulation of the Curator in Law No. 37 of 2004 on the Semarang Heritage Agency and the development of the Heritage Agency as bankruptcy curator. This study was empirical normative legal research that combined normative legal research and empirical legal research presented in a descriptive qualitative analysis. This research found that the change in Law No. 37 of 2004 was to add another curator besides the Heritage Agency. The results of the study and discussion show that the implication of setting the curator as the administrator and insolvency of bankruptcy assets is that the number of cases handled by the institution is divided into two, but in practice it is less than the curator and the developments that occur at the Property and Heritage Agency of Semarang in general are with the tasks of administering third party money and specifically the separation of duties on heritage and state curator (bankruptcy).
{"title":"DEVELOPMENT OF THE HERITAGE CENTER AS BANKRUPTCY CURATOR","authors":"Tata Wijayanta, Sheva Trisanda Adistia","doi":"10.26532/jph.v11i1.34435","DOIUrl":"https://doi.org/10.26532/jph.v11i1.34435","url":null,"abstract":"This study aimed to find out and analyze the implications of the regulation of the Curator in Law No. 37 of 2004 on the Semarang Heritage Agency and the development of the Heritage Agency as bankruptcy curator. This study was empirical normative legal research that combined normative legal research and empirical legal research presented in a descriptive qualitative analysis. This research found that the change in Law No. 37 of 2004 was to add another curator besides the Heritage Agency. The results of the study and discussion show that the implication of setting the curator as the administrator and insolvency of bankruptcy assets is that the number of cases handled by the institution is divided into two, but in practice it is less than the curator and the developments that occur at the Property and Heritage Agency of Semarang in general are with the tasks of administering third party money and specifically the separation of duties on heritage and state curator (bankruptcy).","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":"19 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140432390","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 : 2024-02-25DOI: 10.26532/jph.v11i1.35902
Olatunji Austine Kehinde
This research aims to analyze the solution of digitizing land services to prevent land mafia. The approach method used in this research is a sociological juridical approach. The research specifications used are analytical descriptive research. This type of data uses primary data and secondary data obtained through interviews and literature study. The data analysis method used in this research is descriptive analysis. The research results were concluded: 1). The implementation of digitization of land services is carried out through a special agrarian internet site. Currently, the Ministry of Agrarian Affairs has implemented four digital land services, including Electronic Mortgage Rights, checking certificates, Land Registration Certificates, and Land Value Zone information. There are two electronic services that will be added by the AGRARIAN Ministry, namely land sale and purchase deeds and transfer of rights. The implementation of digitalization of land services at AGRARIAN AGENCY Nigeria, apart from using a special agrarian internet site, is also carried out through the Touch application. Touch My Land is an application created to answer various community land problems. 2) The effectiveness of digitizing land services to prevent land mafia can effectively prevent land mafia practices and achieve the strategic goals of the Ministry of Agrarian Affairs.
{"title":"ONE SOLUTION OF DIGITIZING LAND SERVICES TO PREVENT LAND MAFIA IN NIGERIA","authors":"Olatunji Austine Kehinde","doi":"10.26532/jph.v11i1.35902","DOIUrl":"https://doi.org/10.26532/jph.v11i1.35902","url":null,"abstract":"This research aims to analyze the solution of digitizing land services to prevent land mafia. The approach method used in this research is a sociological juridical approach. The research specifications used are analytical descriptive research. This type of data uses primary data and secondary data obtained through interviews and literature study. The data analysis method used in this research is descriptive analysis. The research results were concluded: 1). The implementation of digitization of land services is carried out through a special agrarian internet site. Currently, the Ministry of Agrarian Affairs has implemented four digital land services, including Electronic Mortgage Rights, checking certificates, Land Registration Certificates, and Land Value Zone information. There are two electronic services that will be added by the AGRARIAN Ministry, namely land sale and purchase deeds and transfer of rights. The implementation of digitalization of land services at AGRARIAN AGENCY Nigeria, apart from using a special agrarian internet site, is also carried out through the Touch application. Touch My Land is an application created to answer various community land problems. 2) The effectiveness of digitizing land services to prevent land mafia can effectively prevent land mafia practices and achieve the strategic goals of the Ministry of Agrarian Affairs.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":"58 166","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140432536","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 : 2023-12-03DOI: 10.26532/jph.v10i2.34111
Imam Yazid, Nurcahaya Nurcahaya, Fikri Al Muhaddits
This article aims to find out what the judge considers in determining the status of the defendant/respondent in absentia. Then, the consideration is analyzed using the maqashid al-usrah theory which is part of the maqashid al-syariah study. The judge's consideration referred to here is the consideration of the judge of the Pandan Religious Court, which is limited to occult divorce cases, to be precise Decision Number 33/Pdt.G/2020/PA.Pdn and Decision Number 24/Pdt.G/2020/PA.Pdn. This decision is interesting to discuss, because the entire determination of the invisibility limit in the Pandan Religious Court does not have a definite time limit, including these two decisions. The methodological flow of this research uses a normative legal research format, with primary legal materials (secondary data), Law Number 1 of 1974 concerning Marriage, the Compilation of Islamic Law, and copies of Decision Number 33/Pdt.G/2020/PA.Pdn and Decision Number 24/Pdt.G/2020/PA.Pdn. The results of the study show that in the two decisions, it must be distinguished between the judge's consideration in determining the status of the defendant/respondent in occultation and the judge's consideration in breaking the marriage bond between the litigants. Regarding the determination of the status of the respondent/applicant as invisible, it turned out that the judge was not guided by Islamic law (fiqh mazhab), but rather the general civil procedural law. As for the reason for dissolving the marriage, the judge saw that the marriage of the litigants no longer fulfilled the elements to achieve the purpose of marriage; if the family is maintained, it will bring mafsadah. It can be concluded that the judge's consideration in each decision is in accordance with maqashid al-usrah.
{"title":"CONSIDERATION OF JUDGES OF THE PANDAN RELIGIOUS COURT IN DETERMINING THE STATUS OF THE DEFENDANT / INVISIBLE APPLICANT: MAQASHID AL-USRAH PERSPECTIVE","authors":"Imam Yazid, Nurcahaya Nurcahaya, Fikri Al Muhaddits","doi":"10.26532/jph.v10i2.34111","DOIUrl":"https://doi.org/10.26532/jph.v10i2.34111","url":null,"abstract":"This article aims to find out what the judge considers in determining the status of the defendant/respondent in absentia. Then, the consideration is analyzed using the maqashid al-usrah theory which is part of the maqashid al-syariah study. The judge's consideration referred to here is the consideration of the judge of the Pandan Religious Court, which is limited to occult divorce cases, to be precise Decision Number 33/Pdt.G/2020/PA.Pdn and Decision Number 24/Pdt.G/2020/PA.Pdn. This decision is interesting to discuss, because the entire determination of the invisibility limit in the Pandan Religious Court does not have a definite time limit, including these two decisions. The methodological flow of this research uses a normative legal research format, with primary legal materials (secondary data), Law Number 1 of 1974 concerning Marriage, the Compilation of Islamic Law, and copies of Decision Number 33/Pdt.G/2020/PA.Pdn and Decision Number 24/Pdt.G/2020/PA.Pdn. The results of the study show that in the two decisions, it must be distinguished between the judge's consideration in determining the status of the defendant/respondent in occultation and the judge's consideration in breaking the marriage bond between the litigants. Regarding the determination of the status of the respondent/applicant as invisible, it turned out that the judge was not guided by Islamic law (fiqh mazhab), but rather the general civil procedural law. As for the reason for dissolving the marriage, the judge saw that the marriage of the litigants no longer fulfilled the elements to achieve the purpose of marriage; if the family is maintained, it will bring mafsadah. It can be concluded that the judge's consideration in each decision is in accordance with maqashid al-usrah.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":"26 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139187275","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 : 2023-11-10DOI: 10.26532/jph.v10i2.33696
Denny Suwondo
The purpose of this research is to find out the legal protection for peer to peer lending consumers in Indonesia and analyze dispute resolution in peer to peer lending. This research was conducted using normative legal research methods. The author uses normative juridical research methods because the research is carried out on the norms that are materialized in the relevant laws and regulations. The results of this study are Legal protection for consumers of peer to peer lending-based financial technology consists of criminal legal protection, civil legal protection, and preventive legal protection with the establishment of rules or regulations that prevent the use of Fintech peer to peer Lending services as a means of economic crime. Fintech dispute resolution can be done by litigation and non-litigation.
{"title":"THE LEGAL PROTECTION AND DISPUTE RESOLUTION IN PEER TO PEER LENDING-BASED FINANCIAL TECHNOLOGY ASPECT","authors":"Denny Suwondo","doi":"10.26532/jph.v10i2.33696","DOIUrl":"https://doi.org/10.26532/jph.v10i2.33696","url":null,"abstract":"The purpose of this research is to find out the legal protection for peer to peer lending consumers in Indonesia and analyze dispute resolution in peer to peer lending. This research was conducted using normative legal research methods. The author uses normative juridical research methods because the research is carried out on the norms that are materialized in the relevant laws and regulations. The results of this study are Legal protection for consumers of peer to peer lending-based financial technology consists of criminal legal protection, civil legal protection, and preventive legal protection with the establishment of rules or regulations that prevent the use of Fintech peer to peer Lending services as a means of economic crime. Fintech dispute resolution can be done by litigation and non-litigation.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":"97 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139280740","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 : 2023-10-18DOI: 10.26532/jph.v10i2.33297
Agus Sugiarto, Asep Hermawan, Yanto Irianto
The purpose of this study is to determine the Authority Reconstruction of Judges in Detaining Children with the Justice Value. This research uses a normative approach. The resulting research states that the authority of judges including Appellate Judges or High Court Judges in detaining defendants is contrary to the principle of presumption of innocence, detention is the realm of presumption of guilt which can only be used by investigators and public prosecutors, if the judge is burdened with the authority to carry out detention, then The judge is no longer independent, because in his decision he will take into account the detention that has been carried out, even the detention carried out by the judge is within his authority, The ideal reconstruction of the judge's authority in carrying out detention based on the principle of presumption of innocence and the value of justice, is to revoke the judge's authority to detain the defendant and delegate it to the public prosecutor.
{"title":"THE AUTHORITY RECONSTRUCTION OF JUDGES IN DETAINING CHILDREN BASED ON THE JUSTICE VALUE","authors":"Agus Sugiarto, Asep Hermawan, Yanto Irianto","doi":"10.26532/jph.v10i2.33297","DOIUrl":"https://doi.org/10.26532/jph.v10i2.33297","url":null,"abstract":"The purpose of this study is to determine the Authority Reconstruction of Judges in Detaining Children with the Justice Value. This research uses a normative approach. The resulting research states that the authority of judges including Appellate Judges or High Court Judges in detaining defendants is contrary to the principle of presumption of innocence, detention is the realm of presumption of guilt which can only be used by investigators and public prosecutors, if the judge is burdened with the authority to carry out detention, then The judge is no longer independent, because in his decision he will take into account the detention that has been carried out, even the detention carried out by the judge is within his authority, The ideal reconstruction of the judge's authority in carrying out detention based on the principle of presumption of innocence and the value of justice, is to revoke the judge's authority to detain the defendant and delegate it to the public prosecutor.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":"242 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139317651","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 : 2023-09-18DOI: 10.26532/jph.v10i2.32753
Rahmayanti Rahmayanti
Corruption is an extraordinary crime whose eradication must be carried out in an extraordinary way according to the procedure for returning and recovering State losses due to corruption. The objectives of this research are: To analyze the return of state losses in the process of law enforcement of corruption crimes, to analyze the recovery of state financial losses resulting from corruption crimes. The method of approach used in this research is normative juridical. Law enforcement in Indonesia, the return of state financial losses must be carried out, and in handling cases of corruption cases with the return of state financial losses, a statement of state losses from the Supreme Audit Agency is required, and there must also be a clear and accurate report so that it can be fulfilled that the state has suffered losses as a result of corruption cases. Law enforcers in recovering state losses due to corruption by maximizing the return of state losses by confiscating and tracing the assets of the defendant or convict, making the convict pay restitution, seeking public support for the eradication of corruption, equipping facilities and infrastructure for the eradication of corruption, regulating the authority of corruption eradication commission prosecutors and public prosecutors who are appointed and dismissed by the corruption eradication commission must be regulated strictly / based on the applicable law.
{"title":"THE RESTITUTION OF STATE FINANCIAL LOSSES IN LAW ENFORCEMENT AGAINST CORRUPTION CRIME","authors":"Rahmayanti Rahmayanti","doi":"10.26532/jph.v10i2.32753","DOIUrl":"https://doi.org/10.26532/jph.v10i2.32753","url":null,"abstract":"Corruption is an extraordinary crime whose eradication must be carried out in an extraordinary way according to the procedure for returning and recovering State losses due to corruption. The objectives of this research are: To analyze the return of state losses in the process of law enforcement of corruption crimes, to analyze the recovery of state financial losses resulting from corruption crimes. The method of approach used in this research is normative juridical. Law enforcement in Indonesia, the return of state financial losses must be carried out, and in handling cases of corruption cases with the return of state financial losses, a statement of state losses from the Supreme Audit Agency is required, and there must also be a clear and accurate report so that it can be fulfilled that the state has suffered losses as a result of corruption cases. Law enforcers in recovering state losses due to corruption by maximizing the return of state losses by confiscating and tracing the assets of the defendant or convict, making the convict pay restitution, seeking public support for the eradication of corruption, equipping facilities and infrastructure for the eradication of corruption, regulating the authority of corruption eradication commission prosecutors and public prosecutors who are appointed and dismissed by the corruption eradication commission must be regulated strictly / based on the applicable law.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":"71 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139339153","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 : 2023-09-13DOI: 10.26532/jph.v10i2.32344
Ina Heliany, Erwin Asmadi, Humala Sitinjak, Arief Fahmi Lubis
To reduce corruption in the future, of course, it is necessary to provide anti-corruption education from now on, because education and public awareness are also important components in fighting corruption. The purpose of this paper is to analyze corruption education in combating corruption crimes in the future and handling corruption and anti-corruption education in various countries. The type of research used in this research is normative juridical. Normative juridical research is research that uses the legis positivist conception. Anti-corruption education in the future must be instilled in an integrated manner from primary to tertiary education Anti-corruption education in the future must be instilled in an integrated manner from primary to tertiary education. It is hoped that through education about anti-corruption from an early age, it can create a person who has a more introspective personality, so that when it is time to enter society, children are no longer easily influenced and have sufficient and correct knowledge about anti-corruption. Learning from China, Indonesia should also be able to fight corruption and eradicate this chronic disease from the country. In addition to a strong commitment from the country's leaders and law enforcers, China-style corruption eradication may be applicable in Indonesia. The preventing corruption through education in Indonesia and Malaysia is almost the same, namely through the internalization of anti-corruption values into certain subjects, while Singapore emphasizes more on character education.
{"title":"THE ROLE OF CORRUPTION EDUCATION IN COMBATING CORRUPTION CRIMES IN THE FUTURE","authors":"Ina Heliany, Erwin Asmadi, Humala Sitinjak, Arief Fahmi Lubis","doi":"10.26532/jph.v10i2.32344","DOIUrl":"https://doi.org/10.26532/jph.v10i2.32344","url":null,"abstract":"To reduce corruption in the future, of course, it is necessary to provide anti-corruption education from now on, because education and public awareness are also important components in fighting corruption. The purpose of this paper is to analyze corruption education in combating corruption crimes in the future and handling corruption and anti-corruption education in various countries. The type of research used in this research is normative juridical. Normative juridical research is research that uses the legis positivist conception. Anti-corruption education in the future must be instilled in an integrated manner from primary to tertiary education Anti-corruption education in the future must be instilled in an integrated manner from primary to tertiary education. It is hoped that through education about anti-corruption from an early age, it can create a person who has a more introspective personality, so that when it is time to enter society, children are no longer easily influenced and have sufficient and correct knowledge about anti-corruption. Learning from China, Indonesia should also be able to fight corruption and eradicate this chronic disease from the country. In addition to a strong commitment from the country's leaders and law enforcers, China-style corruption eradication may be applicable in Indonesia. The preventing corruption through education in Indonesia and Malaysia is almost the same, namely through the internalization of anti-corruption values into certain subjects, while Singapore emphasizes more on character education.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":"40 43 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-09-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139340318","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 : 2023-09-13DOI: 10.26532/jph.v10i2.31305
Dadang Sumarna, Yenny Febrianty, Marjan Miharja, Yahman Yahman, Christopher Panal Lumban Gaol
The purpose of this research is to analyze Human Rights in Indonesia from a Legal Perspective and a Customary Life Perspective. Based on Indonesian law and the way of life in each region, regional regulations are established to protect inhabitants' human rights. This research was carried out using normative methods with research through a literature study. As a guarantee of the notion of equality among all humans, HAM, or human rights, is a fundamental value that must be safeguarded and maintained. It is not just in Indonesia but anywhere else in the world. Right now, there is an imbalance between the respect for human rights and how those rights are put into practice. In spite of these circumstances, Indonesian conversation and debate are nonetheless highly fascinating. With regard to human rights, in particular. In order to examine human rights in relation to various legal and customary aspects of life in Indonesia, this research was conducted utilizing the literature review technique. The findings of this research describe the state of human rights in light of Indonesia's legislative and cultural traditions. The issue of indigenous peoples has indeed become one of the strongest issues in international development. Indigenous peoples are a community group that must receive attention in mitigation and adaptation efforts.
{"title":"THE HUMAN RIGHTS IN INDONESIA AS SEEN THROUGH VARIOUS ASPECTS OF LEGAL AND CUSTOM LIFE","authors":"Dadang Sumarna, Yenny Febrianty, Marjan Miharja, Yahman Yahman, Christopher Panal Lumban Gaol","doi":"10.26532/jph.v10i2.31305","DOIUrl":"https://doi.org/10.26532/jph.v10i2.31305","url":null,"abstract":"The purpose of this research is to analyze Human Rights in Indonesia from a Legal Perspective and a Customary Life Perspective. Based on Indonesian law and the way of life in each region, regional regulations are established to protect inhabitants' human rights. This research was carried out using normative methods with research through a literature study. As a guarantee of the notion of equality among all humans, HAM, or human rights, is a fundamental value that must be safeguarded and maintained. It is not just in Indonesia but anywhere else in the world. Right now, there is an imbalance between the respect for human rights and how those rights are put into practice. In spite of these circumstances, Indonesian conversation and debate are nonetheless highly fascinating. With regard to human rights, in particular. In order to examine human rights in relation to various legal and customary aspects of life in Indonesia, this research was conducted utilizing the literature review technique. The findings of this research describe the state of human rights in light of Indonesia's legislative and cultural traditions. The issue of indigenous peoples has indeed become one of the strongest issues in international development. Indigenous peoples are a community group that must receive attention in mitigation and adaptation efforts.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":"23 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-09-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139340407","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 : 2023-09-13DOI: 10.26532/jph.v10i2.32043
Rikko Hudyono, Suparnyo Suparnyo
The Omnibus Law on Health had been approved which in consequence allow other medical professional organizations to be established as doctors’ right to organize in which may provoke ethical problems. The recent Omnibus Law on Health enabled opportunity for multi-bar organizations; even it was in accordance with single-bar system. This paper aims to review the medical professional organization system in the Omnibus Law on Health which is most in line with the freedom of association and does not reduce the right to health as a human right that must be accepted by the wider community. The author argues that the emergence of several professional organizations as embodiment of doctor’s right may not suitable as it may procure ethical ambiguity. However, the compulsion to join single organization per se was a violation of our Constitution. In this case, we need the highest regulatory and controlling authority from the State to preserve the public interest. The concept of this federal multi-bar association may solve this problem.
{"title":"THE REFORMATION OF MEDICAL ORGANIZATIONS IN OMNIBUS LAW ON HEALTH: SINGLE OR MULTI-BAR","authors":"Rikko Hudyono, Suparnyo Suparnyo","doi":"10.26532/jph.v10i2.32043","DOIUrl":"https://doi.org/10.26532/jph.v10i2.32043","url":null,"abstract":"The Omnibus Law on Health had been approved which in consequence allow other medical professional organizations to be established as doctors’ right to organize in which may provoke ethical problems. The recent Omnibus Law on Health enabled opportunity for multi-bar organizations; even it was in accordance with single-bar system. This paper aims to review the medical professional organization system in the Omnibus Law on Health which is most in line with the freedom of association and does not reduce the right to health as a human right that must be accepted by the wider community. The author argues that the emergence of several professional organizations as embodiment of doctor’s right may not suitable as it may procure ethical ambiguity. However, the compulsion to join single organization per se was a violation of our Constitution. In this case, we need the highest regulatory and controlling authority from the State to preserve the public interest. The concept of this federal multi-bar association may solve this problem.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":"34 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-09-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139340314","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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