Pub Date : 2022-05-01DOI: 10.37303/magister.v12i1.54
Rio Vernika Putra
Fraud can occur anywhere and anytime including in red-plated banks (State-Owned Banks). As a place of money turnover, banking cannot be separated from criminal acts both general, civil, and corruption crimes because the Bank has a position that is vulnerable to abuse of authority either by employees on the front line such as tellers, costumer services, loan services or by branch heads even on the Board of Directors. The formulation of the issue raised is how the form of fraud prevention efforts, especially in State-Owned Banks related to the rescue of assets and wealth, is indicated to be detrimental to the country's finances. The type of research used is juridical-normative which is one of the legal research methods obtained by analyzing a legal problem through laws and regulations and related literature. The results found prevention efforts consist of technical and moral aspects and integrity. Technical aspects can be through (1) Double-check customer data, (2) Rewarding Loophole Inventors, (3) Creating good internal controls, (4) Transparency to Customers, (5) Increasing Personnel Supervision, (6) Implementing e-KYC, (7) Whistleblowers. Moral and integrity aspects must be owned by every party involved in activities in the bank. In addition, Law Enforcement Officials (APH) must also comply with the implementation of the commercial bank anti-fraud strategy that has been regulated in the POJK for the Rescue of State Finances and State Assets and National Economic Recovery. Keywords: Prevention, fraud, bank.
{"title":"UPAYA PENCEGAHAN FRAUD PADA BANK BERPLAT MERAH YANG MERUGIKAN KEUANGAN NEGARA","authors":"Rio Vernika Putra","doi":"10.37303/magister.v12i1.54","DOIUrl":"https://doi.org/10.37303/magister.v12i1.54","url":null,"abstract":"Fraud can occur anywhere and anytime including in red-plated banks (State-Owned Banks). As a place of money turnover, banking cannot be separated from criminal acts both general, civil, and corruption crimes because the Bank has a position that is vulnerable to abuse of authority either by employees on the front line such as tellers, costumer services, loan services or by branch heads even on the Board of Directors. The formulation of the issue raised is how the form of fraud prevention efforts, especially in State-Owned Banks related to the rescue of assets and wealth, is indicated to be detrimental to the country's finances. The type of research used is juridical-normative which is one of the legal research methods obtained by analyzing a legal problem through laws and regulations and related literature. The results found prevention efforts consist of technical and moral aspects and integrity. Technical aspects can be through (1) Double-check customer data, (2) Rewarding Loophole Inventors, (3) Creating good internal controls, (4) Transparency to Customers, (5) Increasing Personnel Supervision, (6) Implementing e-KYC, (7) Whistleblowers. Moral and integrity aspects must be owned by every party involved in activities in the bank. In addition, Law Enforcement Officials (APH) must also comply with the implementation of the commercial bank anti-fraud strategy that has been regulated in the POJK for the Rescue of State Finances and State Assets and National Economic Recovery. \u0000Keywords: Prevention, fraud, bank.","PeriodicalId":441760,"journal":{"name":"Jurnal Magister Hukum Perspektif","volume":"79 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126178879","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 : 2022-05-01DOI: 10.37303/magister.v12i1.53
Putra Mahardika Bagus M, Kiki Kristanto, Kristian Kristian, Putri Fransiska Purnama P
To be able to have a driver's license for drivers of various types of vehicles must meet the conditions that have been set. Similarly, with driver's license C, one of the conditions that must be met is a minimum age of 17 years. It becomes a problem when the driver's license issuance applicant is a minor. Until now, there are still parents or applicants themselves who do the act of ageing to be able to issue a driver's license. In fact, Law No. 22 of 2009 concerning LLAJ and Perkapolri No. 9 of 2012 concerning driver's license has set the age limit allowed to apply for the issuance of driver's license C is 17 (seventeen) years. The formulation of the problem taken is what efforts are made by the Palangka Raya City Resort Police Traffic Unit to prevent age falsification by applicants for the issuance of a Two-Wheeled Motor Vehicle Driving License (driver's license C). This type of research uses juridical-empirical methods by looking at the application of rules in the field. The results found that the efforts made were to conduct law enforcement in the form of preventive approaches such as attaching additional conditions for applicants to issue new driver's license C indicated to be minors, the use of technological advances through the detection of NIK from driver's license C applicant ID cards online, as well as socialization through the installation of banners or banners in the Regident Satlantas Unit of Palangka Raya Police and through social media to prevent age falsification by reducing the age of the driver's license applicant. Keywords: Prevention Efforts, Age Falsification, driver's license C, Satlantas, Palangka Raya Police
{"title":"UPAYA SATLANTAS POLRESTA PALANGKA RAYA DALAM MENCEGAH PEMALSUAN USIA OLEH PEMOHON PENERBITAN SIM C","authors":"Putra Mahardika Bagus M, Kiki Kristanto, Kristian Kristian, Putri Fransiska Purnama P","doi":"10.37303/magister.v12i1.53","DOIUrl":"https://doi.org/10.37303/magister.v12i1.53","url":null,"abstract":"To be able to have a driver's license for drivers of various types of vehicles must meet the conditions that have been set. Similarly, with driver's license C, one of the conditions that must be met is a minimum age of 17 years. It becomes a problem when the driver's license issuance applicant is a minor. Until now, there are still parents or applicants themselves who do the act of ageing to be able to issue a driver's license. In fact, Law No. 22 of 2009 concerning LLAJ and Perkapolri No. 9 of 2012 concerning driver's license has set the age limit allowed to apply for the issuance of driver's license C is 17 (seventeen) years. The formulation of the problem taken is what efforts are made by the Palangka Raya City Resort Police Traffic Unit to prevent age falsification by applicants for the issuance of a Two-Wheeled Motor Vehicle Driving License (driver's license C). This type of research uses juridical-empirical methods by looking at the application of rules in the field. The results found that the efforts made were to conduct law enforcement in the form of preventive approaches such as attaching additional conditions for applicants to issue new driver's license C indicated to be minors, the use of technological advances through the detection of NIK from driver's license C applicant ID cards online, as well as socialization through the installation of banners or banners in the Regident Satlantas Unit of Palangka Raya Police and through social media to prevent age falsification by reducing the age of the driver's license applicant. \u0000 \u0000Keywords: Prevention Efforts, Age Falsification, driver's license C, Satlantas, Palangka Raya Police","PeriodicalId":441760,"journal":{"name":"Jurnal Magister Hukum Perspektif","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128496920","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 : 2022-05-01DOI: 10.37303/magister.v12i1.57
Jefri Efendi
The provisions of article 10 of the Criminal Code (CRIMINAL CODE) state that in addition to 4 (four) main criminal types, namely: death penalty, imprisonment, imprisonment and fines, there are 3 (three) additional criminal types, namely the revocation of certain rights, confiscation of certain goods, and the announcement of the judge's decision. The death penalty is the most severe type of criminal in the composition of sanctions and is one of the main forms of criminal. The existence of the death penalty is basically a type of criminal that robs a legal interest (rechtsbelang), which is in the form of human life. The existence of the death penalty among jurists there is a difference of opinion. The formulation of the issue raised is how the execution procedure for death row inmates is viewed from the human rights side. The type of research used is normative juridical with a statutory approach. The results found that the death penalty has existed since antiquity through the regulation of positive laws, customary laws, and religion. The death penalty is a guarantee of recognition and respect for the right of freedom of others in fulfilling justice in accordance with moral considerations, religious values, security and public order. The death penalty in Indonesia is only applied to very serious crimes in accordance with applicable law. The Constitution in addition to protecting human rights also allows such human rights to be restricted. Keywords: Philosophy of law, death penalty, human rights.
{"title":"KAJIAN FILSAFAT HUKUM TERHADAP PELAKSANAAN PIDANA MATI MENURUT HAK AZASI MANUSIA","authors":"Jefri Efendi","doi":"10.37303/magister.v12i1.57","DOIUrl":"https://doi.org/10.37303/magister.v12i1.57","url":null,"abstract":"The provisions of article 10 of the Criminal Code (CRIMINAL CODE) state that in addition to 4 (four) main criminal types, namely: death penalty, imprisonment, imprisonment and fines, there are 3 (three) additional criminal types, namely the revocation of certain rights, confiscation of certain goods, and the announcement of the judge's decision. The death penalty is the most severe type of criminal in the composition of sanctions and is one of the main forms of criminal. The existence of the death penalty is basically a type of criminal that robs a legal interest (rechtsbelang), which is in the form of human life. The existence of the death penalty among jurists there is a difference of opinion. The formulation of the issue raised is how the execution procedure for death row inmates is viewed from the human rights side. The type of research used is normative juridical with a statutory approach. The results found that the death penalty has existed since antiquity through the regulation of positive laws, customary laws, and religion. The death penalty is a guarantee of recognition and respect for the right of freedom of others in fulfilling justice in accordance with moral considerations, religious values, security and public order. The death penalty in Indonesia is only applied to very serious crimes in accordance with applicable law. The Constitution in addition to protecting human rights also allows such human rights to be restricted. \u0000Keywords: Philosophy of law, death penalty, human rights.","PeriodicalId":441760,"journal":{"name":"Jurnal Magister Hukum Perspektif","volume":"4576 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126538239","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 : 2022-05-01DOI: 10.37303/magister.v12i1.55
Dhian Kartikasari
WHO designates the COVID-19 incident as a Public Health Emergency of International Concern (KKMMD/PHEIC). The Indonesian government has also declared it a national disaster. One of the Indonesian Government's strategies in suppressing the spread of Covid-19 is to establish a Large-Scale Social Restriction (PSBB) policy. PSBB Malang Raya was held from May 17 to May 31, 2020. Malang Raya area includes Malang Regency, Malang City, and Batu City. The purpose of writing this paper is to review and discuss large-scale social restrictions (PSBB) in Malang Raya from the legal aspect. The research method used is a normative research method. The implementation of PSBB in Malang City refers to Malang Mayor Regulation No. 17 of 2020 concerning Guidelines for Large-Scale Social Restrictions in the Context of Accelerating The Handling of Corona Virus Disease 2019. During the enactment of PSBB, everyone is required to carry out health protocols. PSBB regulations outlined in various laws and regulations must be obeyed and carried out in a disciplined manner by every resident. On the other hand, the government must also provide minimal basic needs during the PSBB, especially for economically affected residents. Public awareness and compliance with the laws and regulations and the government's appeal to the Large-Scale Social Restriction (PSBB) policy is important not to be violated. After the PSBB period was run for 14 days, the PSBB in Malang Raya was not extended but continued with the preparation of the transition to a new normal life in the midst of the COVID-19 pandemic. However, it is necessary to periodically evaluate epidemiological indicators on the development of COVID-19 cases in Malang Raya. Keywords: PSBB, COVID-19, Malang City
{"title":"KEBIJAKAN PEMBERLAKUAN PEMBATASAN SOSIAL BERSKALA BESAR (PSBB) DI MALANG RAYA DALAM PERSPEKTIF POLITIK DAN HUKUM","authors":"Dhian Kartikasari","doi":"10.37303/magister.v12i1.55","DOIUrl":"https://doi.org/10.37303/magister.v12i1.55","url":null,"abstract":"WHO designates the COVID-19 incident as a Public Health Emergency of International Concern (KKMMD/PHEIC). The Indonesian government has also declared it a national disaster. One of the Indonesian Government's strategies in suppressing the spread of Covid-19 is to establish a Large-Scale Social Restriction (PSBB) policy. PSBB Malang Raya was held from May 17 to May 31, 2020. Malang Raya area includes Malang Regency, Malang City, and Batu City. The purpose of writing this paper is to review and discuss large-scale social restrictions (PSBB) in Malang Raya from the legal aspect. The research method used is a normative research method. The implementation of PSBB in Malang City refers to Malang Mayor Regulation No. 17 of 2020 concerning Guidelines for Large-Scale Social Restrictions in the Context of Accelerating The Handling of Corona Virus Disease 2019. During the enactment of PSBB, everyone is required to carry out health protocols. PSBB regulations outlined in various laws and regulations must be obeyed and carried out in a disciplined manner by every resident. On the other hand, the government must also provide minimal basic needs during the PSBB, especially for economically affected residents. Public awareness and compliance with the laws and regulations and the government's appeal to the Large-Scale Social Restriction (PSBB) policy is important not to be violated. After the PSBB period was run for 14 days, the PSBB in Malang Raya was not extended but continued with the preparation of the transition to a new normal life in the midst of the COVID-19 pandemic. However, it is necessary to periodically evaluate epidemiological indicators on the development of COVID-19 cases in Malang Raya. \u0000Keywords: PSBB, COVID-19, Malang City","PeriodicalId":441760,"journal":{"name":"Jurnal Magister Hukum Perspektif","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133096978","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 : 2022-05-01DOI: 10.37303/magister.v12i1.56
A. Sanjaya
The status of the state of law attached to the state of Indonesia carries juridical implications that absolutely must be upheld. Every government and state life must rely on the rule of law. Law enforcement becomes a vehicle for the state to ensure the establishment of the law without neglecting human rights protections that serve as a counterweight to state power from the possibility of arbitrariness. Every citizen has the right to privacy (privacy rights) that must be protected by the state. The restoration of the right to privacy should be given strict arrangements in the law including the implications of violations of privacy rights related to whether or not it can be used as evidence in legal proceedings. Such a regulation is absolutely necessary, considering that the law will always be left behind with the development of society, especially the rigid state law demanding the role of judicial institutions in this context is the Constitutional Court to be present to provide solutions for the justice-seeking community through its authority and role as a constitutional guard (the guardian of the constitution), in order to ensure the protection of the constitutional rights of citizens. The formulation of the issue raised is (1) Is the decision of the Constitutional Court Number 20 / PUU-XIV / 2016 appropriate , (2) What is the decision of the Constitutional Court No. 20/PUU-XIV/2016 when viewed from the perspective of Religiousity of Science? This type of research uses juridical-normative methods with a conceptual approach. Results obtained (1) Putusan MK No. 20/PUU-XIV/2016 when viewed from the perspective of State Theory of Law, Theory of Legal Certainty, Theory of Proof, and Hemeneutics of law is very appropriate, (2) The conclusion of MK Number 20 /PUU-XIV/2016 in the perspective of religiousity of science has reflected the elaboration of religious values derived from the revelation of Allah SWT. Keywords: MK’s verdict, evidence, religiousity of science.
{"title":"ANOTASI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 20/PUU-XIV/2016","authors":"A. Sanjaya","doi":"10.37303/magister.v12i1.56","DOIUrl":"https://doi.org/10.37303/magister.v12i1.56","url":null,"abstract":"The status of the state of law attached to the state of Indonesia carries juridical implications that absolutely must be upheld. Every government and state life must rely on the rule of law. Law enforcement becomes a vehicle for the state to ensure the establishment of the law without neglecting human rights protections that serve as a counterweight to state power from the possibility of arbitrariness. Every citizen has the right to privacy (privacy rights) that must be protected by the state. The restoration of the right to privacy should be given strict arrangements in the law including the implications of violations of privacy rights related to whether or not it can be used as evidence in legal proceedings. Such a regulation is absolutely necessary, considering that the law will always be left behind with the development of society, especially the rigid state law demanding the role of judicial institutions in this context is the Constitutional Court to be present to provide solutions for the justice-seeking community through its authority and role as a constitutional guard (the guardian of the constitution), in order to ensure the protection of the constitutional rights of citizens. The formulation of the issue raised is (1) Is the decision of the Constitutional Court Number 20 / PUU-XIV / 2016 appropriate , (2) What is the decision of the Constitutional Court No. 20/PUU-XIV/2016 when viewed from the perspective of Religiousity of Science? This type of research uses juridical-normative methods with a conceptual approach. Results obtained (1) Putusan MK No. 20/PUU-XIV/2016 when viewed from the perspective of State Theory of Law, Theory of Legal Certainty, Theory of Proof, and Hemeneutics of law is very appropriate, (2) The conclusion of MK Number 20 /PUU-XIV/2016 in the perspective of religiousity of science has reflected the elaboration of religious values derived from the revelation of Allah SWT. Keywords: MK’s verdict, evidence, religiousity of science.","PeriodicalId":441760,"journal":{"name":"Jurnal Magister Hukum Perspektif","volume":"177 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132741591","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 : 2022-04-23DOI: 10.37303/magister.v11i1.48
Nurudh Dhuha
The Covid-19 pandemic is still ongoing in Indonesia. The accumulation of Covid-19 cases is still increasing even though efforts to prevent its spread have been made. The implementation of handling caused several polemics in the community, one of which was about the openness of patient data. The secret disclosure of medicine in the condition of the outbreak (including name, address, diagnosis, family history, and so on) without the patient's consent may pose a risk to the patient concerned. Patients can receive negative stigmatization or discrimination if the medical secrets are spread in the general public. The spread of medical secrets can also have legal implications for health workers as well as the general public involved in its spread. Handling medical secrets needs to be done carefully by considering the legal aspects and ethics of medicine. The problem taken is how is the legal review of the secret disclosure of doctors during the Covid-19 pandemic outbreak situation? This type of research uses normative juridical methods with a legal approach. The results of the review show that health workers have an obligation to maintain medical secrets as applicable laws and regulations. Violations of such obligations may be subject to ethical sanctions, disciplinary sanctions and legal sanctions. Medical secret can be opened under certain conditions, namely for the benefit of the patient's health, in the framework of law enforcement, at the request of the patient himself and in the public interest. The public interest in question, among others, is when there is a threat of Extraordinary Events / outbreaks of infectious diseases and threats to the safety of others individually or in the community. The opening of patient secrets can certainly only be done by authorized officers and given to agencies / authorities as well. Keywords: Openness, patient data, covid 19
{"title":"TINJAUAN HUKUM KETERBUKAAN RAHASIA KEDOKTERAN DAN IDENTITAS PASIEN PADA SITUASI WABAH PANDEMI COVID-19","authors":"Nurudh Dhuha","doi":"10.37303/magister.v11i1.48","DOIUrl":"https://doi.org/10.37303/magister.v11i1.48","url":null,"abstract":"The Covid-19 pandemic is still ongoing in Indonesia. The accumulation of Covid-19 cases is still increasing even though efforts to prevent its spread have been made. The implementation of handling caused several polemics in the community, one of which was about the openness of patient data. The secret disclosure of medicine in the condition of the outbreak (including name, address, diagnosis, family history, and so on) without the patient's consent may pose a risk to the patient concerned. Patients can receive negative stigmatization or discrimination if the medical secrets are spread in the general public. The spread of medical secrets can also have legal implications for health workers as well as the general public involved in its spread. Handling medical secrets needs to be done carefully by considering the legal aspects and ethics of medicine. The problem taken is how is the legal review of the secret disclosure of doctors during the Covid-19 pandemic outbreak situation? This type of research uses normative juridical methods with a legal approach. The results of the review show that health workers have an obligation to maintain medical secrets as applicable laws and regulations. Violations of such obligations may be subject to ethical sanctions, disciplinary sanctions and legal sanctions. Medical secret can be opened under certain conditions, namely for the benefit of the patient's health, in the framework of law enforcement, at the request of the patient himself and in the public interest. The public interest in question, among others, is when there is a threat of Extraordinary Events / outbreaks of infectious diseases and threats to the safety of others individually or in the community. The opening of patient secrets can certainly only be done by authorized officers and given to agencies / authorities as well. \u0000Keywords: Openness, patient data, covid 19","PeriodicalId":441760,"journal":{"name":"Jurnal Magister Hukum Perspektif","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121932893","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 : 2022-04-23DOI: 10.37303/magister.v11i1.49
Elizabeth Nanik Khrisnawati
The above theme taking is motivated by the policy of assimilation of prisoners in the midst of the COVID-19 pandemic, namely the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 10 of 2020 concerning Conditions for Providing Assimilation and Integration for Prisoners and Children in the Framework of Prevention and Countermeasures of the Spread of COVID-19. Assimilation is granted as an inmate's right after fulfilling the conditions in the applicable law. Assimilation is the fostering of adult and child inmates by allowing them to live mingling in the community. The formulation of the issue raised is "What is the legal politics of assimilation at home according to Permenkumham RI Number 10 of 2020 in The Women's Prison Class IIA Malang?". The method used is empirical juridical with a sociological approach. This research seeks to describe the implementation of Permenkumham Number 10 of 2020 in people's lives. Primary data collection is done by interview while secondary data is obtained from library studies and documents related to research problems. The results were found that the implementation of assimilation and integration related to COVID-19 at the Malang Class IIA Women's Prison was in accordance with existing regulations, and was carried out in accordance with established implementation procedures. The reason for providing COVID-19-related assimilation and integration is that inmates and children must meet administrative and substantive requirements. This policy cannot be granted if the inmate and the criminal child do not meet one or both of these conditions. The legal politics of Permenkumham Number 10 of 2020 are very suitable to be applied in the midst of the COVID-19 pandemic because it is a proof of appreciation for human rights. In addition, the interview results also proved that there were no allegations of irregularities or abuses that led to corruption for the implementation of the policy in the Class II Women's Prison A Malang. Keywords: Political Law, Assimilation, Permenkumham Number 10 of 2020.
上述主题的动机是在COVID-19大流行期间同化囚犯的政策，即印度尼西亚共和国法律和人权部长关于在预防和应对COVID-19传播的框架内为囚犯和儿童提供同化和融入的条件的2020年第10号条例。在符合适用法律规定的条件后，作为囚犯的权利给予同化。同化是通过允许成人和儿童囚犯在社区中混在一起生活来培养他们。提出的问题的提法是“根据Permenkumham RI 2020年第10号《玛琅女子监狱ii级》，在国内同化的法律政治是什么?”所使用的方法是经验法学与社会学的方法。本研究旨在描述2020年10号永恒之门在人们生活中的实施情况。主要数据收集是通过访谈完成的，而次要数据是从图书馆研究和与研究问题相关的文件中获得的。结果发现，玛琅女子监狱与新冠肺炎相关的同化融合工作符合现行规定，并按照既定的实施程序进行。提供与covid -19相关的同化和融合的原因是，囚犯和儿童必须满足行政和实质性要求。如果囚犯和犯罪儿童不符合其中一项或两项条件，则不能给予这项政策。“2020年第10号法律政治”是对人权的尊重，因此非常适合在新冠疫情中运用。此外，访谈结果也证明，在玛琅A级女子监狱执行该政策的过程中，没有任何违规或滥用职权导致腐败的指控。关键词:政治法，同化，2020年10号纪事。
{"title":"POLITIK HUKUM PEMBERIAN ASIMILASI DI RUMAH BERDASARKAN PERMENKUMHAM NO. 10 TAHUN 2020 (Studi Kasus di Lapas Perempuan Kelas IIA Malang)","authors":"Elizabeth Nanik Khrisnawati","doi":"10.37303/magister.v11i1.49","DOIUrl":"https://doi.org/10.37303/magister.v11i1.49","url":null,"abstract":"The above theme taking is motivated by the policy of assimilation of prisoners in the midst of the COVID-19 pandemic, namely the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 10 of 2020 concerning Conditions for Providing Assimilation and Integration for Prisoners and Children in the Framework of Prevention and Countermeasures of the Spread of COVID-19. Assimilation is granted as an inmate's right after fulfilling the conditions in the applicable law. Assimilation is the fostering of adult and child inmates by allowing them to live mingling in the community. The formulation of the issue raised is \"What is the legal politics of assimilation at home according to Permenkumham RI Number 10 of 2020 in The Women's Prison Class IIA Malang?\". The method used is empirical juridical with a sociological approach. This research seeks to describe the implementation of Permenkumham Number 10 of 2020 in people's lives. Primary data collection is done by interview while secondary data is obtained from library studies and documents related to research problems. The results were found that the implementation of assimilation and integration related to COVID-19 at the Malang Class IIA Women's Prison was in accordance with existing regulations, and was carried out in accordance with established implementation procedures. The reason for providing COVID-19-related assimilation and integration is that inmates and children must meet administrative and substantive requirements. This policy cannot be granted if the inmate and the criminal child do not meet one or both of these conditions. The legal politics of Permenkumham Number 10 of 2020 are very suitable to be applied in the midst of the COVID-19 pandemic because it is a proof of appreciation for human rights. In addition, the interview results also proved that there were no allegations of irregularities or abuses that led to corruption for the implementation of the policy in the Class II Women's Prison A Malang. \u0000 \u0000Keywords: Political Law, Assimilation, Permenkumham Number 10 of 2020.","PeriodicalId":441760,"journal":{"name":"Jurnal Magister Hukum Perspektif","volume":"124 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123194203","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 : 2022-04-23DOI: 10.37303/magister.v11i1.50
Arif Hidayat
Several countries in the world including Indonesia are experiencing the COVID-19 pandemic. A series of efforts to prevent the spread of COVID-19 were carried out. One such effort is the launch of the Pedulilindungi application which serves to track every possible transmission that exists. The basis of the launch of the application is the Decree of the Minister of Communication and Informatics Number 171 of 2020 concerning the Determination of Application for Care and Protection in the Framework of The Implementation of Health Surveillance for the Handling of Corona Virus Disease 2019 (COVID-19). The purpose of this study is to find out the security risks of Pedulilindungi applications and how the ITE Law accommodates the security of personal data from the use of applications. The research method used is a normative research method. The results showed that the use of the Pedulilindungi application has the potential to cause a breach of personal data security stipulated in the ITE Law. Access to data stored in the user's mobile device data is not clearly notified to the user during use in everyday life. In addition, this application also does not mention who can access and process the data in question. The vagueness of the rules will arise when the pandemic ends, whether personal data will automatically be deleted or not, considering that the function of this application is only intended when facing the COVID-19 pandemic. Keywords: COVID-19 pandemic, protection of personal data, Pedulilindungi
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Pub Date : 2022-04-23DOI: 10.37303/magister.v11i1.52
Moch Syamsudin Nurhidayanto
The policy of assimilation of prisoners in the midst of the COVID-19 pandemic, namely the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 10 of 2020 concerning Conditions for Providing Assimilation and Integration for Prisoners and Children in the Framework of Prevention and Countermeasures of the Spread of COVID-19 is very interesting to be further peeled. The policy received a lot of support as well as criticism from many parties. Many people worry about the repetition of crimes committed by ex-assimilation prisoners. Based on the background above, the author raised the formulation of the problem as follows: "How is the legal politics of Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 10 of 2020 against recidivist prisoners in Malang Class IIA Women's Prison?" The method used in this writing is an empirical juridical method with a sociological approach that seeks to describe the implementation Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 10 of 2020 in people's lives. Primary data collection is done by interview while secondary data is obtained from library studies and documents related to research problems. The results of the review explained that the strategy for handling prisoners who commit crimes again after being released through the assimilation program at home carried out at the Malang Class IIA Women's Prison is in accordance with Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 10 of 2020 concerning Conditions for Providing Assimilation and Integration Rights for Prisoners and Children in the Framework of Prevention and Countermeasures of the Spread of COVID-19. The legal politics applied to keep recidivism rates low are to impose more severe sanctions on inmates and children who repeat their crimes. In the Women's Penitentiery Class IIA Malang, there are 1 (one) recidivist prisoner who is free of COVID assimilation and is currently locked in a straft cell at women’s penitentiery Class IIA Malang. Keywords: Legal Politics, Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 10 of 2020, Recidivist
{"title":"PEMBERIAN ASIMILASI NARAPIDANA RESIDIVIS (STUDI KASUS DI L.P. PEREMPUAN KELAS IIA MALANG)","authors":"Moch Syamsudin Nurhidayanto","doi":"10.37303/magister.v11i1.52","DOIUrl":"https://doi.org/10.37303/magister.v11i1.52","url":null,"abstract":"The policy of assimilation of prisoners in the midst of the COVID-19 pandemic, namely the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 10 of 2020 concerning Conditions for Providing Assimilation and Integration for Prisoners and Children in the Framework of Prevention and Countermeasures of the Spread of COVID-19 is very interesting to be further peeled. The policy received a lot of support as well as criticism from many parties. Many people worry about the repetition of crimes committed by ex-assimilation prisoners. Based on the background above, the author raised the formulation of the problem as follows: \"How is the legal politics of Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 10 of 2020 against recidivist prisoners in Malang Class IIA Women's Prison?\" The method used in this writing is an empirical juridical method with a sociological approach that seeks to describe the implementation Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 10 of 2020 in people's lives. Primary data collection is done by interview while secondary data is obtained from library studies and documents related to research problems. The results of the review explained that the strategy for handling prisoners who commit crimes again after being released through the assimilation program at home carried out at the Malang Class IIA Women's Prison is in accordance with Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 10 of 2020 concerning Conditions for Providing Assimilation and Integration Rights for Prisoners and Children in the Framework of Prevention and Countermeasures of the Spread of COVID-19. The legal politics applied to keep recidivism rates low are to impose more severe sanctions on inmates and children who repeat their crimes. In the Women's Penitentiery Class IIA Malang, there are 1 (one) recidivist prisoner who is free of COVID assimilation and is currently locked in a straft cell at women’s penitentiery Class IIA Malang. \u0000Keywords: Legal Politics, Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 10 of 2020, Recidivist","PeriodicalId":441760,"journal":{"name":"Jurnal Magister Hukum Perspektif","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128350803","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 : 2022-04-23DOI: 10.37303/magister.v11i1.51
Nurul Farida
The deviation of the behavior of today's children has crossed the appropriate limit. Many children begin to indulge in casual sex, narcotics, violence, thuggery, and many more actions that can be categorized as unlawful. The Law mandates that children are a gift of God Almighty who has the dignity and dignity as a full human being, and therefore, they are entitled to special protection, especially legal protection in the judicial system by providing special protection to children who face the law. The Indonesian Child Protection Commission (KPAI) stated that the number of children facing the law (ABH) is increasing year on year. Nevertheless, in accordance with UNICEF's mandate, the involvement of children in criminal justice for adults can hurt children, both psychologically and socially. The formulation of the problem in this writing is "What is the strategy for handling ABH through Law No. 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA)?" The method used is an empirical juridical method with a sociological approach, which seeks to review the application of the SPPA Law in the handling of ABH. The results of the review showed that there are several factors that cause ABH, namely instrinsic and extrinsic factors. To protect children's rights, ABH handling strategies can be used in accordance with the SPPA Law, namely by using restorative justice and diversion efforts. Obstacles faced in the implementation of ABH handling strategies include the lack of socialization of laws and regulations related to children so that the understanding of law enforcement officials in the implementation of ABH handling is still varied and tends to use different perceptions. Keywords: Strategy, Juvenile Criminal Justice System, Restorative Justice, Diversion
{"title":"STRATEGI PENANGANAN ANAK BERHADAPAN DENGAN HUKUM MELALUI UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK","authors":"Nurul Farida","doi":"10.37303/magister.v11i1.51","DOIUrl":"https://doi.org/10.37303/magister.v11i1.51","url":null,"abstract":"The deviation of the behavior of today's children has crossed the appropriate limit. Many children begin to indulge in casual sex, narcotics, violence, thuggery, and many more actions that can be categorized as unlawful. The Law mandates that children are a gift of God Almighty who has the dignity and dignity as a full human being, and therefore, they are entitled to special protection, especially legal protection in the judicial system by providing special protection to children who face the law. The Indonesian Child Protection Commission (KPAI) stated that the number of children facing the law (ABH) is increasing year on year. Nevertheless, in accordance with UNICEF's mandate, the involvement of children in criminal justice for adults can hurt children, both psychologically and socially. The formulation of the problem in this writing is \"What is the strategy for handling ABH through Law No. 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA)?\" The method used is an empirical juridical method with a sociological approach, which seeks to review the application of the SPPA Law in the handling of ABH. The results of the review showed that there are several factors that cause ABH, namely instrinsic and extrinsic factors. To protect children's rights, ABH handling strategies can be used in accordance with the SPPA Law, namely by using restorative justice and diversion efforts. Obstacles faced in the implementation of ABH handling strategies include the lack of socialization of laws and regulations related to children so that the understanding of law enforcement officials in the implementation of ABH handling is still varied and tends to use different perceptions. \u0000Keywords: Strategy, Juvenile Criminal Justice System, Restorative Justice, Diversion","PeriodicalId":441760,"journal":{"name":"Jurnal Magister Hukum Perspektif","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129595072","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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