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Selective Policy in Handling Illegal Immigrants 处理非法入境者的选择性政策
Pub Date : 2023-05-25 DOI: 10.59141/jiss.v4i05.814
Kristofel Aditya Prathama Pardamean Hutauruk, Ahmad Redi, S. Suparno
The weak legal position of the Indonesian state in tackling the problem of illegal immigrants has resulted in the Indonesian state no longer being a transit country for illegal immigrants from the Middle East to Australia but has become a destination country because the people in Indonesia are known to be friendly and welcoming in dealing with illegal immigrants who later became destination countries with the target of seeking political asylum, human smuggling agents deliberately made Indonesia a destination country for people smuggling. Various efforts have been made by obligated parties, such as the Police institution. The steps taken by the National Police so far have been to arrest illegal immigrants and smugglers, but the investigation process does not use the Special Law, but the Migration Law, so the results obtained do not show significant changes. After Indonesia's independence, Indonesia did not implement the previous policy, namely the "open door policy"; which is considered no longer appropriate. Therefore the Government of the Republic of Indonesia issued a new policy, namely a selective policy that allowed the entry of foreigners only according to their needs and provided benefits for the development of the State and the Government of the Republic of Indonesia.
印度尼西亚国家在处理非法移民问题方面的法律地位薄弱,导致印度尼西亚国家不再是从中东到澳大利亚的非法移民的过境国,而是成为目的地国,因为印度尼西亚人民在处理非法移民方面是众所周知的友好和欢迎,这些非法移民后来成为寻求政治庇护的目的国。人口走私机构故意把印尼变成人口走私的目的地国。有义务的各方,例如警察机构,已作出各种努力。到目前为止,国家警察采取的步骤是逮捕非法移民和走私者,但调查过程没有使用《特别法》,而是使用《移民法》,因此取得的结果没有显示出重大变化。印尼独立后,没有实行以前的政策,即“门户开放政策”;这被认为是不合适的。因此,印度尼西亚共和国政府颁布了一项新政策,即一项选择性政策,只允许外国人根据其需要入境,并为印度尼西亚共和国的国家和政府的发展提供好处。
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引用次数: 0
Legal Position Between Narcotics Addicts and Narcotics Abusers in the Perspective of Law Number 35 of 2009 Concerning Narcotics 从2009年第35号禁毒法看吸毒成瘾者与滥用毒品者的法律地位
Pub Date : 2023-05-25 DOI: 10.59141/jiss.v4i05.836
M. Munir, Riswadi Riswadi, Evita Isretno Israhadi
In the overall set of laws in Indonesia, opiates misuse is qualified as a wrongdoing in the opiates area which is controlled in Regulation no. 35 of 2009 concerning Opiates. Opiates wrongdoing is viewed as a type of wrongdoing that has serious ramifications for the eventual fate of this country, obliterating life and the future, particularly for the more youthful age. As indicated by Article 127 passage (1) Regulation no. 35 of 2009, Each individual who mishandles Opiates Classification I for himself will be rebuffed with detainment for a limit of 4 (four) years; Each individual who manhandles Opiates Classification II for himself will be rebuffed with detainment for a limit of 2 (two) years; and Each victimizer of Opiates Class III for himself will be rebuffed with detainment for a limit of 1 (one) year. Concerning what is implied by victimizers are individuals who use opiates without privileges or are illegal. The Opiates Regulation plans to: Guarantee courses of action for clinical and social restoration endeavors for opiates victimizers and fiends", be that as it may, Article 54 of the Law states "Opiates Junkies and Casualties of Opiates Victimizers are expected to go through clinical recovery and social recovery". In light of Article 54, the right of victimizers to get recovery isn't perceived. Moreover, victimizers who get recovery ensures under 4 Regulation no. 35 of 2009, however in Article 127 victimizers are created subjects who can be sentenced and lose their recovery freedoms except if they can be demonstrated or shown to be survivors of opiates. Demonstrating that opiates victimizers are survivors of opiates is a troublesome matter since it should be seen from the start that opiates clients use opiates. Likewise, it is important to demonstrate that opiates clients while utilizing opiates are in a state of being convinced, deceived, misdirected, constrained, as well as taken steps to utilize opiates.
在印度尼西亚的整套法律中,滥用阿片剂被限定为第6号条例所管制的阿片剂领域的不法行为。2009年第35号法令,关于阿片类药物。吸食鸦片的不法行为被视为一种对这个国家的最终命运有严重影响的不法行为,它抹杀了生命和未来,特别是对更年轻的一代。根据第127条第(1)号条例。根据2009年第35号法令,任何不当处理第一类鸦片类药物的个人,将被拒绝拘留4年;每名私自处理第II类鸦片类药物的人士,将被拒绝拘留至多2年;对自己吸食第三类鸦片的人,一律不予拘留1年。受害者所指的是没有特权或非法使用鸦片剂的个人。《阿片剂条例》计划:为阿片剂施害者和施害者的临床和社会康复努力提供行动方案”,尽管如此,该法第54条规定:“阿片剂吸毒者和阿片剂施害者的伤亡人员应当经过临床康复和社会康复”。根据《刑法》第54条的规定,加害者获得赔偿的权利没有得到承认。此外,根据第4条第1款的规定,获得康复保障的受害者。但是,在2009年第35号决议第127条中,受害者被认定为可以被判刑并失去恢复自由的对象,除非能够证明或证明他们是鸦片剂的幸存者。证明阿片剂受害者是阿片剂的幸存者是一件棘手的事情,因为从一开始就应该看到阿片剂客户使用阿片剂。同样,重要的是要证明阿片剂客户在使用阿片剂时处于被说服、被欺骗、被误导、被约束以及采取措施使用阿片剂的状态。
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引用次数: 0
Legal Status of Land Rights of the Former Eigendom Verponding After the Issuance of the Conversion Rules 《土地出让规则》颁布后原地界土地权利的法律地位
Pub Date : 2023-05-25 DOI: 10.59141/jiss.v4i05.835
M. Mahmuddin, Herman Bakir, Faisal Santiago
Beginning on September 24, 1960, there were not any more western freedoms and standard terrains. The organization no longer exists while the freedoms have been changed over by the BAL into one of the new privileges. In such manner, beginning in 1961 there could have been as of now not any land that its arrangements could be dependent upon European Verponding, Indonesian Verponding, and Lanrente or Land Expense. The assessment endorsements that existed and were held by individuals around then and were not detailed for substitution of new privileges under the UUPA, were still as Eigendom Verponding. In any case, in all actuality, there are still holders of land privileges who after September 24, 1980, still have confirmation of responsibility for freedoms as western privileges and standard freedoms that poor person been changed over, which will create legitimate issues assuming that these are not directed in regulation. To expect lawful issues that emerge because of changes in guidelines in the land area, the public authority through transformation guidelines reaffirmed the lapse of privileges to the place that is known for beginning of the Change of Western Freedoms on September 24, 1980, which is likewise the standard framed in the BAL., to end the legitimacy of the excess Western privileges to land in Indonesia with every one of attributes are not by Pancasila and the 1945 Constitution
从1960年9月24日开始,西方不再有任何自由和标准地形。该组织不再存在,而自由已经被BAL改变为新的特权之一。以这种方式,从1961年开始,到现在为止,可能没有任何土地的安排可以依赖于欧洲的Verponding,印度尼西亚的Verponding和Lanrente或land Expense。评估代言存在和个人进行替换并没有详细的新特权UUPA下,仍是Eigendom Verponding。在任何情况下,在所有的现实中,仍然有土地特权的持有者在1980年9月24日之后,仍然确认了自由的责任,就像西方特权和标准自由一样,穷人被改变了,这将产生合法的问题,假设这些没有受到监管。为了预料到法律问题的出现,因为土地上的指导方针发生了变化,公共当局通过改造指导方针重申了1980年9月24日开始西方自由变革的地方的特权失效,这也是BAL中制定的标准。潘卡西拉和1945年的宪法都没有规定,要结束西方在印尼土地上的特权的合法性
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引用次数: 0
Legal Protection For Teachers In Implementing Student Disciplinary Assignments 教师实施学生纪律作业的法律保障
Pub Date : 2023-05-25 DOI: 10.59141/jiss.v4i05.837
Jamaluddin Sungsang, Evita Isretno Israhadi, Ahmad Redi
Training is a cognizant and arranged work to make a learning air and educational experience so understudies effectively foster their capability to have profound strength, poise, character, honorable person, and the abilities required without anyone else, society, country, and state. Without schooling that is by public character, the objectives of accomplishing instruction might be satisfied. The critical advancement of the country is the advancement of schooling possessed by the country. The exploration technique utilized is regulating legitimate examination which is expressive investigation. The design is to find the execution of legitimate security for educators in giving discipline to teach their understudies. In light of the consequences of the information examination, it was presumed that Regulation Number 14 of 2005 concerning educators and speakers has rigorously safeguarded the endlessly showing calling, yet at the degree of execution, the force of the law is as yet not seen to have added to the destiny of instructors as teachers. Moves made by instructors to train understudies inside specific cutoff points and are viewed as having satisfactory objectives by everybody can overrule criminal authorizations. Giving lawful security to educators in leading their expert duties is purposed.
培训是一项自觉的、有安排的工作,目的是营造一种学习氛围和教育体验,使学员能够有效地培养自己的刚健、稳重、品格、正直的能力,以及不需要任何人、社会、国家、国家所需要的能力。没有公共性质的学校教育,完成教学的目标就可能得到满足。国家的关键进步是国家所拥有的教育进步。所采用的勘查技术是规范合法的考察,是一种表达性的考察。这样做的目的是为教育工作者在教育他们的学生时提供纪律上的合法保障。从信息审查的结果来看,2005年关于教育工作者和演讲者的第14号条例严格保护了无休止的展示召唤,但从执行程度来看,法律的效力尚未增加教师的命运。教练在特定的界限内训练替补,并认为每个人都有满意的目标,可以推翻刑事授权。目的是为教育工作者履行专业职责提供合法保障。
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引用次数: 0
Legal Protection For Consumers Buying And Selling Electronic Goods With Defective Products 消费者买卖有缺陷电子产品的法律保护
Pub Date : 2023-05-25 DOI: 10.59141/jiss.v4i05.823
Ediyanto Arief, Boy Nurdin, Azis Budianto
Abstract. The presence of Regulation Number 8 of 1999 concerning Purchaser Insurance has concentrated a little since this Regulation controls the privileges and commitments of business entertainers and customers so they are safer and are supposed to turn into a legitimate umbrella for shoppers. Consumers need to know that they have the right to get protection when dealing with sellers or producers in conducting trade transactions so that when a loss occurs on the part of the consumer caused by the seller or producer, the consumer can demand that the seller or producer be responsible for the loss suffered by the consumer. The relationship between sellers as business actors to consumers must be maintained properly. The seller also knows whether there is anything to consider before being marketed or sent to consumers regarding the feasibility of the goods. The eligibility in question is the condition of the goods by the information submitted by the seller, according to what is in the advertisement, the seller has ethics when trading his goods. At the point when a misfortune is capable by the shopper, on the off chance that the proof states whether there was a component of mistake, it stays the obligation of the merchant, as expressed in Article 28 of Regulation Number 8 of 1999 concerning Customer Security.
摘要1999年关于购买者保险的第8号条例的存在已经集中了一点,因为该条例控制了商业艺人和客户的特权和承诺,因此他们更安全,并且应该成为购物者的合法保护伞。消费者在与销售者或生产者进行贸易交易时,需要知道自己有获得保护的权利,以便当销售者或生产者给消费者造成损失时,消费者可以要求销售者或生产者对消费者所遭受的损失负责。作为业务参与者的销售者与消费者之间的关系必须得到适当的维护。卖方也知道在销售或发送给消费者之前是否需要考虑有关商品可行性的问题。资格问题是由卖方提交的信息的货物的条件,根据什么是在广告中,卖方有道德交易他的货物。在购物者发生不幸的情况下,根据1999年关于客户安全的第8号条例第28条的规定,如果证据表明是否存在错误的组成部分,那么这仍然是商家的义务。
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引用次数: 0
Restorative Justice Crime Of Narcotics In The Elderly With Narcotic Evidence 有毒品证据的老年人毒品恢复性司法犯罪
Pub Date : 2023-05-25 DOI: 10.59141/jiss.v4i05.826
Bayu Sasongko, Megawati Barthos, S. Suparno
The fact that there is numerous abuse of narcotics and dangerous drugs in Indonesia today is inseparable from the many modes and justifications used by these abusers in carrying out their actions. The exploration is remembered for the regularizing juridical assessment, the strategy involved by the creator as the peculiarities concentrate on that happens connected with the utilization of helpful equity in drug cases has been performed at the examination site. The results are that the Crook Code Bill has thought about the age of the more established in the criminal system, by setting the age north of 75 years for guilty parties of criminal goes about very far they are not open to confinement. In the conversation of Article 72 of the Lawbreaker Code Bill, this age limit was deferred, between the time of "north of 70 years" or "more than 75 years" for culprits of criminal goes about quite far they were not expose to detainment. This arrangement was one of the issues forthcoming at the Detailing Group Meeting (Timus), yet at the accompanying Timus Meeting concurred that "mature more than 75 years" for culprits to try not to be condemned to jail quite far (become Article 76), considering the future that the higher it is. For the elderly who are caught in drug abuse cases, consider the interests of the perpetrators who act as victims by prioritizing rehabilitation efforts as the best way to return the perpetrators to the condition they were in before committing drug abuse
今天在印度尼西亚有许多滥用麻醉品和危险药物的现象,这一事实与这些滥用者在执行其行动时所使用的许多方式和理由是分不开的。探索是为了规范司法评估,创造者所涉及的策略是在审查现场进行的,因为特殊性集中在与药物案件中有用公平的利用有关的情况下。结果是,诈骗法典法案考虑到了刑事系统中更成熟的年龄,通过将犯罪当事人的年龄设定在75岁以上,这远远超出了他们对监禁的限制。在《违法者法典法案》第72条的对话中,这一年龄限制被推迟,对于犯罪行为的罪犯,在“70岁以上”或“75岁以上”的时间之间,他们不会被拘留。这一安排是细节小组会议(Timus)即将讨论的问题之一,但在随之而来的Timus会议上,一致同意“成熟超过75年”的罪犯尽量不要被判入狱太久(成为第76条),考虑到未来的判决越高。对于吸毒的老年人,应考虑作为受害者的犯罪者的利益,优先考虑康复工作,这是使犯罪者恢复吸毒前状态的最佳途径
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引用次数: 0
Implementation of Legal Policy in Indonesia in Handling Illegal Immigrants 印尼处理非法移民法律政策的实施
Pub Date : 2023-05-25 DOI: 10.59141/jiss.v4i05.813
Tessar Bayu Setyaji, Zudan Arief Fakrulloh, S. Suparno
Even though it is not a destination country, with the consequence of its geographical location, Indonesia is the final stopover for waves of asylum seekers and refugees going to the destination country, namely Australia. The presence of these illegal immigrants will raise demographic problems (population) and is related to social-economic conflicts and directly proportional to the crime rate. The fact that Indonesia is a country of transit for illegal immigrants is evident from the duration of their stay. As many as 17.50 percent of immigrant respondents stated that they lived in Indonesia for 2-4 weeks. It was that immigrants could pause for their next journey, change smuggling agents, or use transit as a separate strategy before entering Australian territory. Immigrants themselves when entering Indonesian territory must have valid documents by the laws and regulations in force in Indonesia as referred to in Article 8 paragraph (1) of Law Number 6 of 2011 concerning Immigration. Law enforcement against foreign nationals is aimed at issues of falsification of identity, lack of documents, registration of foreigners and provision of foreign control books, abuse of residence permits, illegal entry or stay illegal, expiry of stay permit, being in Indonesia outside monitoring by raids and geographic vulnerability in crossings.
尽管印度尼西亚不是目的国,但由于其地理位置的原因,它是一波又一波寻求庇护者和难民前往目的国即澳大利亚的最后一站。这些非法移民的存在将引起人口问题(人口),与社会经济冲突有关,并与犯罪率成正比。印度尼西亚是非法移民的过境国,这一事实从他们逗留的时间可以明显看出。17.50%的移民回答说他们在印度尼西亚生活了2-4周。移民可以暂停他们的下一个旅程,更换走私代理人,或者在进入澳大利亚领土之前使用过境作为单独的策略。移民本身在进入印度尼西亚领土时,必须根据印度尼西亚现行法律和法规持有有效证件,如2011年第6号移民法第8条第(1)款所述。针对外国人的执法是针对伪造身份、缺乏证件、外国人登记和提供外国管制簿、滥用居留证、非法入境或非法居留、居留许可证到期、在印度尼西亚不受突袭监测和过境点地理上的脆弱性等问题。
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引用次数: 0
Violent Crime Policies in the Teaching and Learning Process in a Criminal Law Perspective 刑法视角下的教与学中的暴力犯罪政策
Pub Date : 2023-05-25 DOI: 10.59141/jiss.v4i05.833
Rohmatullah Rohmatullah, Zudan Arief Fakrulloh, Megawati Barthos
The reason for viciousness against understudies can happen on the grounds that educators don't grasp the significance of brutality and its unfortunate results. The instructor felt that the understudies would be stopped by whipping. Then again, understudies become angry and defiant to the educator. The conditions and background of acts of violence in education are strung together in a spiral relationship that can appear at any time, by any perpetrator who is involved in an educational institution, as long as there is a trigger for the incident. Recently, there have been various cases that occurred in the educational environment related to violence perpetrated by teachers against their students. Most of the occurrences are caused by the application of disciplinary norms that are too forced on students. Meanwhile, not all students are accustomed to disciplinary behavior. The wrong way of instilling discipline can be in the form of both physical and mental violence against children. The most visible thing is physical violence. It is not uncommon for this to go to court because parents feel they have been disadvantaged.
对替补演员的恶意行为可能发生在教育者没有理解暴力行为的意义及其不幸后果的基础上。教练觉得替补演员会被鞭打而停止表演。然后,学生们又变得愤怒,对老师不以为然。教育中的暴力行为的条件和背景以一种螺旋关系串在一起,这种关系可以在任何时候出现,只要有触发事件的因素,任何涉及教育机构的犯罪者都可以出现。最近,在教育环境中发生了与教师对学生实施暴力有关的各种案件。大多数事件的发生都是由于对学生施加的纪律规范过于严格而造成的。同时,并不是所有的学生都习惯纪律行为。灌输纪律的错误方式可能是对儿童的身体和精神暴力。最明显的就是身体暴力。父母们觉得自己处于不利地位,因此走上法庭并不罕见。
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引用次数: 0
Agrarian Law Enforcement In Land Dispute Settlement 土地纠纷解决中的土地执法
Pub Date : 2023-05-25 DOI: 10.59141/jiss.v4i05.834
Riza Endriyana, Faisal Santiago, S. Suparno
Land ownership that is unfair to the community will offer opportunities for some parties to act undemocratically by taking land from the community. Conflict is a phenomenon that often occurs in human life, and arises from the conditions of the diversity of social systems. Conflict, no matter how it is seen, is inextricably linked with social existence. Property rights according to Article 20 paragraph (1) of the UUPA, namely hereditary, strongest, and fulfilled rights that people can own over land by considering that all land rights have a social function. The review utilizes a standardizing juridical methodology and the kind of legitimate survey is an extensive investigation of essential lawful materials, optional legitimate materials, and tertiary legitimate materials. The consequences of this exploration are the goal of land debate cases as specified in Regulation Number 51 of 1960, in Article 2 and Article 6 passage (1) letter a, that the utilization of land without consent from the legitimate individual or their lawful intermediary is a disallowed act and undermined with criminal punishments. Nonetheless, in tending to clashes and land debates that emerge, one should take a gander at it according to a few points of view while as yet focusing on equity and not hurting the two players, so it isn't just seen from the side of the inhabitant's activities yet additionally as far as the endlessly utilization of the land by the proprietor if, as far as usage, the land isn't used ideally and even appears to have been dismissed by the proprietor for roughly 15 years. Settlement of questions through consultation through intervention is followed as the way to taking care of land issues, remembering that the fundamental objective of intervention is to determine issues, apply standards or make request, yet in its execution, it should likewise be founded on broad standards
对社区不公平的土地所有权将为某些政党提供机会,采取不民主的行动,从社区夺取土地。冲突是人类生活中经常发生的一种现象,它产生于社会制度多样性的条件。无论如何看待冲突,它都与社会存在有着千丝万缕的联系。根据UUPA第20条第(1)款规定的财产权,即考虑到所有土地权利都具有社会功能,人们对土地可以拥有的世袭、最强大和实现的权利。审查采用标准化的司法方法,合法调查是对基本合法材料、可选合法材料和第三合法材料的广泛调查。这种探索的后果是1960年第51号条例第2条和第6条第(1)款a中规定的土地辩论案件的目标,即未经合法个人或其合法中介同意使用土地是不被允许的行为,并受到刑事处罚。尽管如此,倾向于土地冲突和辩论中出现,一个应该一眼根据几个观点虽然尚未关注股票和不伤害这两名球员,所以它不仅仅是看到一边的居民的活动此外就没完没了地利用土地的所有者,如果使用,使用的土地并不理想,甚至似乎是被经营者大约15年了。通过协商和干预来解决问题是处理土地问题的方式,记住干预的根本目的是确定问题,应用标准或提出要求,但在执行中,它同样应该建立在广泛的标准之上
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引用次数: 0
Analysis of Delayed Notification of Acquisition of Shares by Business Players Using the Cost Benefit Analysis and Regulatory Impact Analysis Methods 基于成本效益分析和监管影响分析方法的企业股票收购延迟通知分析
Pub Date : 2023-04-25 DOI: 10.59141/jiss.v4i04.808
A. Ani
Business Competition Law in Indonesia adheres to a post-notification system which is carried out after the effective date in the process of taking over (mergers and acquisitions) of a company. Based on data on the KPPU's website, during the period from 2012 – 2022 there were 45 cases of fines for late notification in the merger and acquisition process with a total fine of Rp. 118,765,000,000. Data on company acquisition case decisions from 11 February 2020 to 11 April 2021, found delays in notifications of mergers and acquisitions with delays ranging from 2 (two) days to more than 8 (eight) years. One of the mitigating reasons in the KPPU's decision was the ignorance of business actors regarding the obligation to submit post-notification of company takeover to KPPU. In order to avoid this problem, in the future, it is expected that KPPU or the Government can amend the provisions concerning post-notification obligations to become pre-notification obligations.
印度尼西亚的商业竞争法遵循事后通知制度,该制度在接管(兼并和收购)公司的过程中生效日期之后执行。根据KPPU网站上的数据,在2012年至2022年期间,在并购过程中有45起因延迟通知而被罚款的案件,罚款总额为1187.65亿卢比。从2020年2月11日至2021年4月11日的公司收购案件判决数据发现,合并和收购通知的延迟从2天到8年以上不等。工会做出这一决定的理由之一是,企业行为者对向工会提交收购后通知的义务一无所知。为了避免这一问题,预计未来KPPU或政府可以将有关通知后义务的规定修改为通知前义务。
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引用次数: 0
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Jurnal Indonesia Sosial Sains
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