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THE ALTERNATIVE DESIGNS EFFORT TO SIMPLIFY THE NUMBER OF POLITICAL PARTIES IN INDONESIA 替代方案旨在简化印尼政党的数量
Pub Date : 2021-07-31 DOI: 10.26532/jph.v8i2.16147
S. Lestari, Ahmad Siboy
The number of political parties continues to increase from time to time. Ironically, the establishment of a political party is not based on the desire to carry out the functions of political education, political recruitment, and political regeneration. It is only to fulfill the desire for the power of a group of political elites. This research aims to analyze the need to simplify the number of political parties and determine the ideal simplification design of political parties This research used normative juridical research with statutory, historical, and conceptual approaches. The results indicated that political party simplification is needed for creating effectiveness and efficiency, minimizing segmentation or the emergence of friction among Indonesian citizens, preventing voter confusion, and maintaining political stability. Meanwhile, the ideal design to simplify political parties that can be executed is through submitting the dissolution of political parties to the Constitutional Court (Indonesian: Mahkamah Konstitusi (MK)) by expanding the criteria for those who can propose for dissolution (legal standing), imposing strict sanctions, implementing a moratorium on permits for the establishment of new parties, and extending the authority of the government to unilaterally dissolve political parties, such as the power to dissolve banned community organizations.
政党的数量不断增加。具有讽刺意味的是,政党的建立并不是基于实现政治教育、政治招募和政治再生功能的愿望。这只是为了满足一群政治精英对权力的渴望。本研究旨在分析简化政党数量的必要性,并确定理想的政党简化设计。本研究采用了规范的法律研究,采用了法定、历史和概念的方法。结果表明,为了创造效力和效率、尽量减少印尼公民之间的分裂或摩擦、防止选民混乱和维持政治稳定,政党简化是必要的。同时,简化可以执行的政党的理想设计是将政党的解散提交宪法法院(印尼语:通过扩大提议解散的人的标准(法律地位),实施严厉的制裁,实施暂停设立新政党的许可,以及扩大政府单方面解散政党的权力,例如解散被禁止的社区组织的权力。
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引用次数: 0
THE LEGAL PROTECTION FOR TRANSPORT PASSENGERS DURING THE COVID-19 PANDEMIC COVID-19大流行期间交通工具乘客的法律保护
Pub Date : 2021-07-29 DOI: 10.26532/jph.v8i2.15374
Retno Hadiningtyas
Transportation as a means of supporting economic development and community development and industrial growth needs to get the main attention when conditions enter the New Normal Era because Indonesia is still experiencing a high level of spread where the mode of transportation used by many people can be a medium of spreading the COVID-19 virus. The purpose of this research is to provide legal protection to passengers by the carrier as an effort to care about the safety, comfort, safety of passengers as users of transportation services that the carrier must protect by adjusting existing regulations and in its implementation required supervision from the Government and the public. This research is normative legal research that uses a legislative approach and is sourced from primary legal materials. The data was collected by studying libraries sourced from primary, secondary, and non-legal legal materials. The research results prove that the legal protection of passengers by the carrier can run well if the passengers consciously adhere to the Health Protocol and comply with government rules as a form of effort to maintain all transportation elements with all activities. So these efforts have an impact on preventing the spread of the COVID-19 virus that is increasing in Indonesia.
交通作为支持经济发展、社区发展和工业增长的一种手段,在进入新常态时代时需要得到主要关注,因为印度尼西亚仍在经历高水平的传播,许多人使用的交通方式可能成为传播新冠肺炎病毒的媒介。本研究的目的是由承运人为乘客提供法律保护,以关心乘客作为运输服务使用者的安全、舒适和安全,承运人必须通过调整现有法规及其实施过程中需要政府和公众的监督来保护这些服务。本研究是规范性法律研究,采用立法方法,来源于主要法律材料。这些数据是通过研究来源于初级、中级和非法律材料的图书馆而收集的。研究结果证明,如果乘客自觉遵守《健康协议》并遵守政府规定,作为在所有活动中维护所有运输要素的一种努力形式,承运人对乘客的法律保护可以很好地运行。因此,这些努力对防止新冠肺炎病毒在印度尼西亚不断增加的传播产生了影响。
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引用次数: 3
THE COMPARATIVE STUDY OF CHILD DRUG ABUSE CASES 儿童吸毒案件的比较研究
Pub Date : 2021-07-29 DOI: 10.26532/jph.v8i2.16169
Ibnu Taqwim, P. Hasibuan, Z. Zulkarnain
The inconsistency of law enforcement in implementing the substance of the narcotics law has led to a polemic in the community, especially against cases of drug abuse committed by minors, it becomes unclear, the approach method used in this study uses a normative juridical approach. The research found that children as perpetrators of narcotics crimes, if they are not proven to be dealers, which can be dangerous as a basis for imprisonment for children, it is necessary to be rehabilitated as regulated in the narcotics law. Considering that children who are perpetrators of narcotics crimes are only users and are affected by bad environmental conditions both in the family and the environment. Narcotics in the Islamic perspective is analogous to the prohibition of drinking alcohol. This prohibition is carried out because narcotics cause hatred, hostility, disaster and dangerous disasters, both for users, families, communities and the nation and state. Narcotics are prohibited in Islamic law and producers, dealers and users will be subject to Had or Ta’zir sanctions.
执法部门在执行禁毒法实质内容方面的不一致导致了社会上的争论,特别是针对未成年人滥用毒品的案件,这一点变得不清楚,本研究中使用的方法方法使用了规范的司法方法。研究发现,儿童作为毒品犯罪的罪犯,如果他们没有被证明是毒贩(这可能是监禁儿童的危险基础),就有必要按照毒品法的规定进行改造。考虑到实施毒品犯罪的儿童只是吸毒者,受到家庭和环境恶劣环境条件的影响。从伊斯兰的角度来看,麻醉品类似于禁止饮酒。之所以实施这一禁令,是因为毒品会给使用者、家庭、社区以及国家和国家带来仇恨、敌意、灾难和危险的灾难。伊斯兰法律禁止使用麻醉品,生产商、经销商和使用者将受到Had或Ta'zir的制裁。
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引用次数: 1
THE DYNAMICS OF LAW ENFORCEMENT IN REGIONAL HEAD ELECTIONS DURING COVID-19 PANDEMIC 新冠肺炎疫情期间地方首长选举的执法动态
Pub Date : 2021-07-24 DOI: 10.26532/JPH.V8I2.16126
M. Nasution, M. A. Syaputra
The state is a social entity that consists of areas that have almost similar historical-cultural backgrounds. These areas have administrative divisions that are hierarchical in nature, where the division aims to accelerate the development and improvement of the area and the people in it. The research method used in this research is normative legal research method. The normative legal research method is a research method that looks for facts through the variables derived from the laws and regulations that are examined on their implementation and their effectiveness and shortcomings so that improvements and improvements can be made to these laws and regulations. Regional head elections are an inseparable part of a country that adheres to the principles of democracy and is even part of the characteristics of a democratic country.
国家是一个社会实体,由具有几乎相似历史文化背景的地区组成。这些地区具有等级性质的行政区划,其目的是加速该地区及其人民的发展和改善。本研究采用的研究方法是规范性法律研究方法。规范性法律研究方法是一种通过对法律法规实施情况及其有效性和不足之处进行审查的变量来寻找事实,从而对这些法律法规进行改进和改进的研究方法。地区领导人选举是一个坚持民主原则的国家不可分割的一部分,甚至是民主国家特征的一部分。
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引用次数: 0
PERSPECTIVE OF MEDIATION EFFECTIVENESS THEORY AS MAIN OPTIONS IN ORDER TO LOWER DIVORCE RATE 从调解效力理论看降低离婚率的主要途径
Pub Date : 2021-07-17 DOI: 10.26532/JPH.V8I2.16065
M. Ridwan, Aryani Witasari, Ahmad Hadi Prayitno
The purpose of this paper is to examine mediation as a way effective to reduce the divorce rate and the obstacles and challenges that create mediation as the means chosen to reduce the divorce rate in Indonesia. The increase and decrease in claimable divorce rates can basically be monitored , if supported by various parties, including through the implementation of effective mediation and efficient. In general, the biggest cause of divorce in Indonesia is dispute continuous and economic problems. Socialization and counseling about coaching the sakinah family has been awarded by the authorities. There is an obligation to conduct mediation before entering the court's domain as regulated in Supreme Court Regulation No.1 of 2016 is still being carried out half-heartedly tends to be mere formality. This is one of the obstacles in the difficulty there is an agreement in the mediation process. The divorce rate can be reduced significantly significant, if the parties involved in household cases have been pushed to take advantage of mediation institutions from an early age. The five elements according to effectiveness theory related to mediation as the main choice in suppressing the divorce rate well done.
本文的目的是研究调解作为一种有效降低离婚率的方法,以及在印度尼西亚选择调解作为降低离婚率手段的障碍和挑战。如果各方支持,包括通过实施有效的调解和高效的调解,基本上可以监测可申请离婚率的上升和下降。总的来说,印尼离婚的最大原因是持续的纠纷和经济问题。当局已授予萨基纳一家的社会化和辅导服务。根据最高法院2016年第1号条例的规定,在进入法院管辖范围之前有义务进行调解。目前,调解仍在半信半疑地进行,往往只是形式上的。这是调解过程中难以达成协议的障碍之一。如果家庭案件的当事人从小就被要求利用调解机构,离婚率可以显著降低。根据有效性理论中的五要素相关调解作为抑制离婚率的主要选择做得很好。
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引用次数: 0
THE FINANCING RESTRUCTURING LEGAL ANALYSIS FOR DEBTORS AFFECTED BY COVID-19 IN SHARIA MULTIFINANCE INSTITUTIONS 伊斯兰多元金融机构受COVID-19影响债务人融资重组法律分析
Pub Date : 2021-07-17 DOI: 10.26532/JPH.V8I2.16064
Andi Aina Ilmih, Kami Hartono, Ida Musofiana
This study focuses on problematic financing by debtors affected by Covid-19 at Islamic multi-finance institutions in Semarang City, with the aim of finding the reality of the form of problematic financing experienced by debtors during the Covid-19 Pandemic. This study uses an empirical juridical approach, data analysis using descriptive-analysis methods. Based on the research that has been done, the regulation of the Financing Restructuring Law is guided by POJK Number 11/POJK.03/2020 concerning National Economic Stimulus as a Countercyclical Policy on the Impact of Coronavirus Disease 2019 which regulates asset determination, financing restructuring and provision of new funds. The impact arising from the existence of a financing restructuring policy for debtors affected by Covid-19 can be viewed from the following aspects: (1)Juridical Aspect, meaning that there are no sanctions for the financing institution as a creditor if it does not follow or apply, only based on the willingness of the creditor; (2) Economic Aspect, can help debtors to recover and stabilize the economy so that they can fulfill promises (achievements) to creditors; and for creditors the impact on financial activities or transactions that occurred during the Covid-19 pandemic can still be stable; (3)Psychological Aspects, meaning that one side fosters a strong mentality and confidence for creditors/financing customers to fulfill their obligations, and on the other hand, the existence of the presence of financial institutions is maintained in the future.
本研究重点关注三宝垄市伊斯兰多元金融机构受2019冠状病毒病影响的债务人融资问题,目的是发现债务人在2019冠状病毒病大流行期间融资问题的现实形式。本研究采用实证法学方法,数据分析采用描述性分析方法。在已有研究的基础上,融资重组法的规制以第11号政务书/政务书为指导。03/2020关于国家经济刺激作为应对2019冠状病毒病影响的逆周期政策,规范资产确定、融资重组和提供新资金。针对受新冠肺炎疫情影响的债务人的融资重组政策的存在所产生的影响可以从以下几个方面来看待:(1)法律方面,即金融机构作为债权人,如果不遵守或不适用,则不会受到制裁,仅基于债权人的意愿;(2)经济方面,可以帮助债务人恢复和稳定经济,使其履行对债权人的承诺(业绩);对债权人来说,2019冠状病毒病大流行期间发生的金融活动或交易的影响仍然是稳定的;(3)心理方面,即一方面培养债权人/融资客户履行义务的强烈心态和信心,另一方面维持金融机构在未来存在的存在。
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引用次数: 0
THE LEGAL RESPONSIBILITY OF DEBTOR TO PAYMENT CURATORS IN BANKRUPTCY SITUATION 破产情形下债务人对清偿管理人的法律责任
Pub Date : 2021-07-01 DOI: 10.26532/jph.v8i2.15905
Didik Sukardi
The Law on Bankruptcy and the Obligation to Postpone Debt Payment does not explicitly stipulate that the obligation to pay the Curator's fee is borne by the Applicant, the Debtor or the Applicant and the Debtor jointly. The obligation to pay the curator fee is imposed through the determination of the Court of Judges who decides the bankruptcy case on the Curator's Application based on the details submitted by the Curator after hearing the considerations of the Supervisory Judge. The approach method used is a normative juridical approach the curator fees. according to Act No. 37 of 2004 concerning Bankruptcy and the Obligation to Postpone Debt Payment is not absolute, because the obligation to pay the Curator's fee can be imposed on the Applicant for the Declaration of Bankruptcy, the Bankrupt Debtor, or on the Petitioner for the Declaration of Bankruptcy and the Debtor for Bankruptcy jointly through the Determination of the Panel of Judges who decides the Bankruptcy Application.
《破产法》和《延期偿债义务法》没有明确规定,支付策展人费用的义务由申请人、债务人或申请人和债务人共同承担。支付策展人费用的义务是通过法官法庭的裁决来施加的,法官法庭根据策展人在听取监督法官的考虑后提交的详细信息,就策展人的申请决定破产案件。所使用的方法是一种规范的司法方法——馆长费用。根据2004年关于破产和延期偿债义务的第37号法令,这不是绝对的,因为可以向破产申报申请人、破产债务人、,或通过决定破产申请的法官小组的裁决,共同向破产宣告申请人和破产债务人发出通知。
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引用次数: 4
THE ONLINE DISPUTE RESOLUTION IN PANCASILA’S FRAME pancasila框架下的在线争议解决
Pub Date : 2021-07-01 DOI: 10.26532/jph.v8i2.15906
Kasmudin Harahap
Online Dispute Resolution is a solution in resolving problems outside the court where online dispute resolution is an appropriate solution to resolve online trade disputes, the settlement must apply Pancasila values. Method The approach used in this research is normative juridical. The results of the research show that the application of Online Dispute resolution in addition to legal reform in the field of electronic transactions is also related to efforts to create legal certainty in online dispute resolution in Indonesia. The basic principles of online dispute resolution in Pancasila values are reflected in the spirit of kinship and mutual cooperation, these principles is a reflection of Pancasila values leading to basic values which are the elaboration of the same spirit and within the limits allowed by these basic values. Agreed values in realizing the law as the goal of justice and creating justice
在线争议解决是在法院之外解决问题的一种解决方案,其中在线争议解决是解决在线贸易纠纷的一种合适的解决方案,该解决方案必须应用Pancasila价值观。方法本研究采用规范法学方法。研究结果表明,除了电子交易领域的法律改革外,在线争议解决的应用也与印度尼西亚在在线争议解决方面创造法律确定性的努力有关。潘卡西拉价值观中在线争议解决的基本原则体现在亲缘关系和相互合作的精神上,这些原则是潘卡西拉价值观的反映,导致了基本价值观,这些基本价值观是同一精神的阐述,并在这些基本价值观允许的范围内。在实现以法律为正义目标和创造正义的过程中达成价值共识
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引用次数: 3
COMPARISON MUT'AH MARRIAGE ACCORDING TO ISLAMIC LAW AND NATIONAL LAW 伊斯兰法与国家法对穆婚姻的比较
Pub Date : 2020-12-30 DOI: 10.26532/JPH.V7I3.13490
Idrus Umarama, Agus Hamzah, Jamaludin Al Ashari, A. Widyantoro, Faradina Mar’atus Shofia
Mut'ah marriage or temporary marriage or what is known as contract marriage is a phenomenon that often occurs in Indonesia, this problem must be anticipated because it is detrimental to women and has been forbidden by the Indonesian Ulama Council. The research method used is a normative juridical approach. Normative research or also known as literature law research is legal research carried out by examining library materials or secondary data. The results of the research found stated that Mut’ah marriage is temporary marriage, the Prophet Muhammmad S.A.W has justified the mut’ah marriage for three days and after that the Prophet forbade it forever. Here the Apostle once allowed it at a time which might have taken the form of an emergency as it was permissible to eat carcass meat, if there were no other foods under compulsion.
Mut'ah婚姻或临时婚姻或所谓的契约婚姻是印度尼西亚经常发生的一种现象,必须预料到这个问题,因为它对妇女有害,并已被印度尼西亚乌拉玛理事会禁止。所使用的研究方法是一种规范的司法方法。规范研究或也称为文献法研究是通过检查图书馆资料或二手数据进行的法律研究。研究结果表明,穆特亚婚姻是暂时的婚姻,先知穆罕默德为穆特亚婚姻辩护了三天,之后,先知永远禁止了穆特亚婚姻。在这里,使徒曾经在一个可能采取紧急形式的时候允许吃尸体肉,如果没有其他强制食物的话。
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引用次数: 0
LEGAL PROTECTION OF EMPLOYEES / WORKERS WHO EXPERIENCED EMPLOYMENT RELATIONSHIP IMPACT DIGITALIZATION 经历雇佣关系影响数字化的员工/工人的法律保护
Pub Date : 2020-12-29 DOI: 10.26532/JPH.V7I3.13339
H. Rabarijaona, Devina Arifani
This journal describes labor problems that arise as a result of technological advances in the modern era, one of which is due to digitalization. This results in termination of employment by employers to workers even without severance pay. The purpose of this paper is to find out how the law regulates the rights and legal protection of workers who have been laid off. The research method used is the normative legal research method. This method examines law normatively by looking at the law from an internal perspective where the object of research is to use legal norms where there is still a vagueness of norms in legal protection for workers due to layoffs due to the impact of this digitization. The final result of this research is that the rights of workers who are laid off are contained in Article 150 to Article 172 of Act No. 13 of 2003 concerning Manpower. Legal protection for workers / laborers due to the impact of digitization is contained in Article 164 Paragraph (3) of the UUK with legal protection in the form of severance pay, awarding money or service fees during the work period of the worker.
该杂志描述了由于现代技术进步而出现的劳动问题,其中之一是由于数字化。这导致雇主终止雇佣工人,即使没有遣散费。本文的目的是找出法律如何规范下岗工人的权利和法律保护。本文采用的研究方法是规范法研究方法。这种方法通过从内部角度看待法律来规范地审视法律,研究对象是在由于数字化的影响而对工人的法律保护仍然存在规范模糊的情况下使用法律规范。本次研究的最终结果是,2003年《人力法》第13号第150条至第172条规定了被解雇工人的权利。英国联合王国第164条第(3)款规定了对受数字化影响的工人/劳动者的法律保护,法律保护的形式是工人在工作期间的遣散费、奖励金钱或服务费。
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引用次数: 2
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Jurnal Pembaharuan Hukum
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