Pub Date : 2022-06-30DOI: 10.25041/constitutionale.v3i1.2570
Tif Said Suhail Al Mazroui, Maathir Mohammed Saud Al Alawi, M. M. Thottoli, Duaa Suleiman Amur Al Hoqani, Noor Talal Hamed Al Shukaili
The elimination of discriminatory value added tax (VAT) laws on commodities are required for the proper functioning of the Gulf Cooperation Council (GCC) single market. The proper functioning of a single market entails the elimination of discriminatory internal VAT regulations of imported goods or services. Hence, the purpose of this study is to empirically examine the need for harmonizing VAT legislation among GCC countries. The data of this study was collected through a variety of sources, including the ministry's website, VAT law for each country, published articles, and other online data sources/websites with regards to VAT. The data were statistically evaluated using Microsoft Excel. The dependent variable in this study is Harmonization. The factors affecting Value Added Tax Legislation are also called independent variables. Through this search, they harmonize VAT legislation in the GCC countries to maximize the effectiveness of tax laws. That helps to know the challenges faced by GCC companies due to discriminatory VAT regulations and double taxation. There is a need to harmonize VAT legislation in the GCC countries to maximize the effectiveness of tax laws. This study adds value by assessing the present state and the need for harmonizing VAT legislation in the GCC countries. The timely approach of the study will help policymakers, regulators, and practitioners to understand the importance of harmonizing VAT legislation in the GCC.
{"title":"The Need for Harmonizing Value Added Tax Legislation in Gulf Cooperation Council","authors":"Tif Said Suhail Al Mazroui, Maathir Mohammed Saud Al Alawi, M. M. Thottoli, Duaa Suleiman Amur Al Hoqani, Noor Talal Hamed Al Shukaili","doi":"10.25041/constitutionale.v3i1.2570","DOIUrl":"https://doi.org/10.25041/constitutionale.v3i1.2570","url":null,"abstract":"The elimination of discriminatory value added tax (VAT) laws on commodities are required for the proper functioning of the Gulf Cooperation Council (GCC) single market. The proper functioning of a single market entails the elimination of discriminatory internal VAT regulations of imported goods or services. Hence, the purpose of this study is to empirically examine the need for harmonizing VAT legislation among GCC countries. The data of this study was collected through a variety of sources, including the ministry's website, VAT law for each country, published articles, and other online data sources/websites with regards to VAT. The data were statistically evaluated using Microsoft Excel. The dependent variable in this study is Harmonization. The factors affecting Value Added Tax Legislation are also called independent variables. Through this search, they harmonize VAT legislation in the GCC countries to maximize the effectiveness of tax laws. That helps to know the challenges faced by GCC companies due to discriminatory VAT regulations and double taxation. There is a need to harmonize VAT legislation in the GCC countries to maximize the effectiveness of tax laws. This study adds value by assessing the present state and the need for harmonizing VAT legislation in the GCC countries. The timely approach of the study will help policymakers, regulators, and practitioners to understand the importance of harmonizing VAT legislation in the GCC.","PeriodicalId":52591,"journal":{"name":"Constitutionale","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46688347","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 : 2022-06-30DOI: 10.25041/constitutionale.v3i1.2558
Ayu Putri Rainah Petung Banjaransari
Problems in the labor law sector in Indonesia cannot be separated from the increasing number of foreign workers which are feared to take the place and role of domestic workers. This problem almost always exists every year because foreign investment enters Indonesia while bringing in foreign workers as expert workers or genuine workers from the investors' countries of origin. The entry of foreign workers is a trigger for disputes between foreign workers and domestic workers. As it is known that the Indonesian population is very large, which can be seen from the annual data of the national statistical center, while the high population is not matched by a large number of jobs, resulting in unemployment and regional economic inequality. Based on this background, the problem of foreign workers is related to the renewal of the Law of the Republic of Indonesia Number 11 of 2020 concerning Job Creation (herein after referred to as the Job Creation Law) and its implementing regulations. This paper uses a normative legal research method using legal sources from secondary legal materials. This legal research uses a legal and conceptual approach with a focus on regulations and concepts or theories or principles related to the research topic. This paper presents problems in the new regulation on foreign workers after the enactment of the Job Creation Law. In addition, this paper presents its solution efforts to overcome these problems in Indonesia. This paper uses a normative legal research method using legal sources from secondary legal materials. This legal research uses a legal and conceptual approach with a focus on regulations and concepts or theories or principles related to the research topic. This paper presents problems in the new regulation on foreign workers after the enactment of the Job Creation Law. In addition, this paper presents its solution efforts to overcome these problems in Indonesia. This paper uses a normative legal research method using legal sources from secondary legal materials. This legal research uses a legal and conceptual approach with a focus on regulations and concepts or theories or principles related to the research topic. This paper presents problems in the new regulation on foreign workers after the enactment of the Job Creation Law. In addition, this paper presents its solution efforts to overcome these problems in Indonesia.
{"title":"Regulation of The Use of Foreign Workers in Indonesia After The Job Creation Act: Problems and Solutions","authors":"Ayu Putri Rainah Petung Banjaransari","doi":"10.25041/constitutionale.v3i1.2558","DOIUrl":"https://doi.org/10.25041/constitutionale.v3i1.2558","url":null,"abstract":"Problems in the labor law sector in Indonesia cannot be separated from the increasing number of foreign workers which are feared to take the place and role of domestic workers. This problem almost always exists every year because foreign investment enters Indonesia while bringing in foreign workers as expert workers or genuine workers from the investors' countries of origin. The entry of foreign workers is a trigger for disputes between foreign workers and domestic workers. As it is known that the Indonesian population is very large, which can be seen from the annual data of the national statistical center, while the high population is not matched by a large number of jobs, resulting in unemployment and regional economic inequality. Based on this background, the problem of foreign workers is related to the renewal of the Law of the Republic of Indonesia Number 11 of 2020 concerning Job Creation (herein after referred to as the Job Creation Law) and its implementing regulations. This paper uses a normative legal research method using legal sources from secondary legal materials. This legal research uses a legal and conceptual approach with a focus on regulations and concepts or theories or principles related to the research topic. This paper presents problems in the new regulation on foreign workers after the enactment of the Job Creation Law. In addition, this paper presents its solution efforts to overcome these problems in Indonesia. This paper uses a normative legal research method using legal sources from secondary legal materials. This legal research uses a legal and conceptual approach with a focus on regulations and concepts or theories or principles related to the research topic. This paper presents problems in the new regulation on foreign workers after the enactment of the Job Creation Law. In addition, this paper presents its solution efforts to overcome these problems in Indonesia. This paper uses a normative legal research method using legal sources from secondary legal materials. This legal research uses a legal and conceptual approach with a focus on regulations and concepts or theories or principles related to the research topic. This paper presents problems in the new regulation on foreign workers after the enactment of the Job Creation Law. In addition, this paper presents its solution efforts to overcome these problems in Indonesia.","PeriodicalId":52591,"journal":{"name":"Constitutionale","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43840429","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 : 2022-06-30DOI: 10.25041/constitutionale.v3i1.2507
Sirajul Munir, Lailul Ilham
Protection of Freedom of association, assembly, and expression as recognition of human rights. Through the Community Organization Law, the state regulates the balance in protecting rights without neglecting social responsibility. This balance is regulated as an effort to safeguard the country's sovereignty. This paper uses the following approaches: a) conceptual approach, to look at concepts of law and democracy that are relevant to the research problem; b) statute approach, a juridical normative analytic research approach, the research based on critical thinking by referring to legal sources of the Community Organization Law. This research concludes that Pancasila seeks to build harmony and balance between individual and national interests (society). Therefore, the freedom that exists in Indonesia is not an absolute right. This means that these freedoms are subject to many restrictions established in law. Principlescontrary to Pancasila and the 1945 Constitution of the Republic of Indonesia have triggered the government to expand the prohibition against mass organizations. These principles aim to change the ideological basis of Pancasila and choose to make changes in the mechanism for revoking the status of a legal entity using the principle of contrarius actus to be more effective and efficient in taking action
{"title":"Restrictions to Freedom of Association, Assembly, and Spreading Opinion Post Changes to Community Organizational Law","authors":"Sirajul Munir, Lailul Ilham","doi":"10.25041/constitutionale.v3i1.2507","DOIUrl":"https://doi.org/10.25041/constitutionale.v3i1.2507","url":null,"abstract":"Protection of Freedom of association, assembly, and expression as recognition of human rights. Through the Community Organization Law, the state regulates the balance in protecting rights without neglecting social responsibility. This balance is regulated as an effort to safeguard the country's sovereignty. This paper uses the following approaches: a) conceptual approach, to look at concepts of law and democracy that are relevant to the research problem; b) statute approach, a juridical normative analytic research approach, the research based on critical thinking by referring to legal sources of the Community Organization Law. This research concludes that Pancasila seeks to build harmony and balance between individual and national interests (society). Therefore, the freedom that exists in Indonesia is not an absolute right. This means that these freedoms are subject to many restrictions established in law. Principlescontrary to Pancasila and the 1945 Constitution of the Republic of Indonesia have triggered the government to expand the prohibition against mass organizations. These principles aim to change the ideological basis of Pancasila and choose to make changes in the mechanism for revoking the status of a legal entity using the principle of contrarius actus to be more effective and efficient in taking action","PeriodicalId":52591,"journal":{"name":"Constitutionale","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48879272","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 : 2022-06-30DOI: 10.25041/constitutionale.v3i1.2535
Yulia Neta, Agsel Awanisa, M. Melisa
In the Working Committee Meeting of the Draft Law on Personal Data Protection, there was a proposal to establish an Independent Supervisory Authority in the protection of personal data. With the existence of an independent supervisory authority, it is hoped that it will create impartial and optimal independence in its supervision and enforcement. The purpose of this study is to analyze the urgency of the Independent Supervisory Authority in the protection of personal data and the ideal concept of the Independent Supervisory Authority in the protection of personal data in Indonesia based on comparisons in other countries. This study uses a normative legal research method using a statutory approach, a conceptual approach, and a comparative approach. The results of this study indicate that the existence of an Independent Supervisory Authority in Indonesia in enforcing the protection of personal data is very important given the considerations of independence, adequacy, checks and balances, and socialization. Regarding the concept of establishing an Independent Supervisory Authority, there are two choices that can be made in Indonesia, namely by establishing it specifically as a separate institution, such as Hong Kong and South Korea, or embedding and adding to the authority of existing institutions such as in Singapore and the United States. With consideration of efficiency and effectiveness, in Indonesia this can be done by attaching an Independent Supervisory Authority with other related institutions such as the Information Commission with the obligation to change the existing institutional structure as an adjustment.
{"title":"The Urgency of Independent Supervisory Authority Towards Indonesia’s Personal Data Protection","authors":"Yulia Neta, Agsel Awanisa, M. Melisa","doi":"10.25041/constitutionale.v3i1.2535","DOIUrl":"https://doi.org/10.25041/constitutionale.v3i1.2535","url":null,"abstract":"In the Working Committee Meeting of the Draft Law on Personal Data Protection, there was a proposal to establish an Independent Supervisory Authority in the protection of personal data. With the existence of an independent supervisory authority, it is hoped that it will create impartial and optimal independence in its supervision and enforcement. The purpose of this study is to analyze the urgency of the Independent Supervisory Authority in the protection of personal data and the ideal concept of the Independent Supervisory Authority in the protection of personal data in Indonesia based on comparisons in other countries. This study uses a normative legal research method using a statutory approach, a conceptual approach, and a comparative approach. The results of this study indicate that the existence of an Independent Supervisory Authority in Indonesia in enforcing the protection of personal data is very important given the considerations of independence, adequacy, checks and balances, and socialization. Regarding the concept of establishing an Independent Supervisory Authority, there are two choices that can be made in Indonesia, namely by establishing it specifically as a separate institution, such as Hong Kong and South Korea, or embedding and adding to the authority of existing institutions such as in Singapore and the United States. With consideration of efficiency and effectiveness, in Indonesia this can be done by attaching an Independent Supervisory Authority with other related institutions such as the Information Commission with the obligation to change the existing institutional structure as an adjustment.","PeriodicalId":52591,"journal":{"name":"Constitutionale","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46189818","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-31DOI: 10.25041/constitutionale.v2i2.2357
Muhamad Hadiyan Rasyadi
The existence of differences in leave arrangements outside of the state's responsibility for incumbent candidates in the Presidential and Vice Presidential Election (pilpres) and the General Election of Regional Heads and Deputy Regional Heads (pemilukada) have an impact on the sense of justice in granting political rights attached to citizens. The research describes the arrangements' differences from the equality before the law's perspective. The type of research used is normative legal research with descriptive legal research methods. The problem approach used is statutory, comparative, and conceptual approaches. The data used in this research is secondary data, with a literature study method. Furthermore, the technique used in this research is to collect, identify and analyze the data presented in a qualitative descriptive form. The results of the research and discussion show that there are differences in leave arrangements outside of the state's responsibility for presidential and vice-presidential candidates and incumbent regional heads and deputy regional heads in the presidential and regional elections. Theoretically, every legislation formulation and application must be based on the principle of equality before as a form of social justice.
{"title":"Differences in the Arrangement of Leave Outside the State Responsibility for Presidential Candidates and Incumbent Regional Head Candidates Based on the Equality Before the Law","authors":"Muhamad Hadiyan Rasyadi","doi":"10.25041/constitutionale.v2i2.2357","DOIUrl":"https://doi.org/10.25041/constitutionale.v2i2.2357","url":null,"abstract":"The existence of differences in leave arrangements outside of the state's responsibility for incumbent candidates in the Presidential and Vice Presidential Election (pilpres) and the General Election of Regional Heads and Deputy Regional Heads (pemilukada) have an impact on the sense of justice in granting political rights attached to citizens. The research describes the arrangements' differences from the equality before the law's perspective. The type of research used is normative legal research with descriptive legal research methods. The problem approach used is statutory, comparative, and conceptual approaches. The data used in this research is secondary data, with a literature study method.\u0000Furthermore, the technique used in this research is to collect, identify and analyze the data presented in a qualitative descriptive form. The results of the research and discussion show that there are differences in leave arrangements outside of the state's responsibility for presidential and vice-presidential candidates and incumbent regional heads and deputy regional heads in the presidential and regional elections. Theoretically, every legislation formulation and application must be based on the principle of equality before as a form of social justice.","PeriodicalId":52591,"journal":{"name":"Constitutionale","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43374039","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-31DOI: 10.25041/constitutionale.v2i2.2340
Neillisa Regga Syahputri, Eny Kusdarini
Good governance is a form of sound innovation and effective implementation of policies and reparations that are responsive to society's needs. In a modern legal state, the implementation of e-governance demands increasingly complex societal developments, especially during the Covid-19 pandemic, which can change the way people live so that all activities must coexist with technology. This article's approach is qualitative with a systematic literature review as a research method to conduct a comparative study of several kinds of literature by analyzing the data to produce accurate and valid data. This article shows the results of implementing good governance through e-governance in modern law countries by following technological developments amid the Covid-19 pandemic. One of the policies is using e-governance as a means of public service to facilitate the implementation of good governance in all areas of life.
{"title":"Implementation of Good Governance through E-Governance in Modern Law Countries during the Covid-19 Pandemic","authors":"Neillisa Regga Syahputri, Eny Kusdarini","doi":"10.25041/constitutionale.v2i2.2340","DOIUrl":"https://doi.org/10.25041/constitutionale.v2i2.2340","url":null,"abstract":"Good governance is a form of sound innovation and effective implementation of policies and reparations that are responsive to society's needs. In a modern legal state, the implementation of e-governance demands increasingly complex societal developments, especially during the Covid-19 pandemic, which can change the way people live so that all activities must coexist with technology. This article's approach is qualitative with a systematic literature review as a research method to conduct a comparative study of several kinds of literature by analyzing the data to produce accurate and valid data. This article shows the results of implementing good governance through e-governance in modern law countries by following technological developments amid the Covid-19 pandemic. One of the policies is using e-governance as a means of public service to facilitate the implementation of good governance in all areas of life.","PeriodicalId":52591,"journal":{"name":"Constitutionale","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47013616","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-31DOI: 10.25041/constitutionale.v2i2.2295
Aufa Naufal Rishanda
This study aims to describe the consistency of judges' considerations in the Constitutional Court Decision No. 14/PUU-XI/2013 and the Constitutional Court Decision No. 55/PUU-XVII/2019 and its suitability with the design of the election administration according to the 1945 Constitution of the Republic of Indonesia. To measure the consistency of the two Constitutional Court Decisions, the meaning of the original intent of holding elections simultaneously according to the Amendment of the 1945 Constitution of the Republic of Indonesia will be used. This is normative legal research, which uses approach legislation (statute approach) and historical approach (historical approach). The results of this study indicate that the judge's considerations in the Constitutional Court Decision 14/PUU-XI/2013 are inconsistent with the Constitutional Court Decision 55/PUU-XVII/2019. Based on the original intent study, the Amendrs to the 1945 Constitution of the Republic of Indonesia disagreed on the simultaneous implementation of the General Election in Indonesia. So the judge's consideration in the Constitutional Court's decision Number 14/PUU-XI/2013, which requires simultaneous elections, is not following the design of the election administration according to the amendment to the 1945 Constitution of the Republic of Indonesia. Six alternatives for the simultaneous implementation of elections.
{"title":"The Regulation of Continuous Election Design’s Implementation Based on the Constitutional Court’s Decision","authors":"Aufa Naufal Rishanda","doi":"10.25041/constitutionale.v2i2.2295","DOIUrl":"https://doi.org/10.25041/constitutionale.v2i2.2295","url":null,"abstract":"This study aims to describe the consistency of judges' considerations in the Constitutional Court Decision No. 14/PUU-XI/2013 and the Constitutional Court Decision No. 55/PUU-XVII/2019 and its suitability with the design of the election administration according to the 1945 Constitution of the Republic of Indonesia. To measure the consistency of the two Constitutional Court Decisions, the meaning of the original intent of holding elections simultaneously according to the Amendment of the 1945 Constitution of the Republic of Indonesia will be used. This is normative legal research, which uses approach legislation (statute approach) and historical approach (historical approach). \u0000The results of this study indicate that the judge's considerations in the Constitutional Court Decision 14/PUU-XI/2013 are inconsistent with the Constitutional Court Decision 55/PUU-XVII/2019. Based on the original intent study, the Amendrs to the 1945 Constitution of the Republic of Indonesia disagreed on the simultaneous implementation of the General Election in Indonesia. So the judge's consideration in the Constitutional Court's decision Number 14/PUU-XI/2013, which requires simultaneous elections, is not following the design of the election administration according to the amendment to the 1945 Constitution of the Republic of Indonesia. Six alternatives for the simultaneous implementation of elections.","PeriodicalId":52591,"journal":{"name":"Constitutionale","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42844431","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-01DOI: 10.25041/constitutionale.v2i1.2200
Nila Nargis, M. I. Satriawan
The problem of the Covid-19 disease outbreak in Indonesia is of particular concern. This epidemic caused political and economic shocks to the state administration system. The problems that exist are related to the implementation of the Regional Head Election during the pandemic. This paper aims to find out the legal issues of regional head elections during a pandemic. The method used is the normative juridical method. The results of this paper show that the legal problem lies in the aspect of regulatory implementation. The government must continue to work hand in hand with handling the covid-19 outbreak and still prioritize the health of Indonesian citizens. Of course, the implementation of Regional Head Election does not violate the law based on Regulation in Lieu of Law No.2 of 2020 concerning the third amendment to Law No.1 of 2015 concerning Regional Head Election.
{"title":"Legal Problems on Regional Head Election during COVID-19 Pandemic in Indonesia","authors":"Nila Nargis, M. I. Satriawan","doi":"10.25041/constitutionale.v2i1.2200","DOIUrl":"https://doi.org/10.25041/constitutionale.v2i1.2200","url":null,"abstract":"The problem of the Covid-19 disease outbreak in Indonesia is of particular concern. This epidemic caused political and economic shocks to the state administration system. The problems that exist are related to the implementation of the Regional Head Election during the pandemic. This paper aims to find out the legal issues of regional head elections during a pandemic. The method used is the normative juridical method. The results of this paper show that the legal problem lies in the aspect of regulatory implementation. The government must continue to work hand in hand with handling the covid-19 outbreak and still prioritize the health of Indonesian citizens. Of course, the implementation of Regional Head Election does not violate the law based on Regulation in Lieu of Law No.2 of 2020 concerning the third amendment to Law No.1 of 2015 concerning Regional Head Election.","PeriodicalId":52591,"journal":{"name":"Constitutionale","volume":"36 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69162795","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-01DOI: 10.25041/constitutionale.v2i1.2254
Melista Aulia Nurdina
Protection of children faced in conflict with the law and undergoing a criminal period in the Special Development Institution for Children, their rights and needs must always be fulfilled. These children's rights consist of the right to education, skills guidance, health care, and others. This study aims to identify and analyze the fulfillment of children's rights that must be fulfilled in the Special Development Institution for Children. The problem in this research is children's rights that must be fulfilled in the Special Development Institution for Children. The method of implementing the fulfillment of children’s rights in the Special Development Institute for Children, factors that hinder the implementation of the fulfillment of rights in the Special Development Institution for Children. The approach to the problem used in this research is normative and empirical juridical. The data analysis in this study was conducted qualitatively. This study found that the rights of children in the Class II of Bandar Lampung Special Development Institution have been carried out well. The assisted children get formal and non-formal education; the assisted children receive self-development guidance such as hair shaving, electric welding, planting, and mind preservation. The assisted children are also free to play music, exercise, and perform worship according to their respective beliefs. Implementing the fulfillment of children's rights uses an individual approach, and its implementation uses an assessment. Officers have programs to fulfill children’s rights, such as service, guidance, implementation, and supervision. The author suggests that Class II of Bandar Lampung Special Development Institute’s officers can fulfill children's rights ranging from formal education, non-formal education, skills, self-development, religion, maximizing the individual approach method to assisted children so that they can know more about the backgrounds, needs, emotions and interests of these children, as well as improve the quality of existing advice and infrastructure.
{"title":"Implementation of Children Rights Fulfilment In Bandar Lampung Special Development Institution For Childrens","authors":"Melista Aulia Nurdina","doi":"10.25041/constitutionale.v2i1.2254","DOIUrl":"https://doi.org/10.25041/constitutionale.v2i1.2254","url":null,"abstract":"Protection of children faced in conflict with the law and undergoing a criminal period in the Special Development Institution for Children, their rights and needs must always be fulfilled. These children's rights consist of the right to education, skills guidance, health care, and others. This study aims to identify and analyze the fulfillment of children's rights that must be fulfilled in the Special Development Institution for Children. The problem in this research is children's rights that must be fulfilled in the Special Development Institution for Children. The method of implementing the fulfillment of children’s rights in the Special Development Institute for Children, factors that hinder the implementation of the fulfillment of rights in the Special Development Institution for Children. The approach to the problem used in this research is normative and empirical juridical. The data analysis in this study was conducted qualitatively. This study found that the rights of children in the Class II of Bandar Lampung Special Development Institution have been carried out well. The assisted children get formal and non-formal education; the assisted children receive self-development guidance such as hair shaving, electric welding, planting, and mind preservation. The assisted children are also free to play music, exercise, and perform worship according to their respective beliefs. Implementing the fulfillment of children's rights uses an individual approach, and its implementation uses an assessment. Officers have programs to fulfill children’s rights, such as service, guidance, implementation, and supervision. The author suggests that Class II of Bandar Lampung Special Development Institute’s officers can fulfill children's rights ranging from formal education, non-formal education, skills, self-development, religion, maximizing the individual approach method to assisted children so that they can know more about the backgrounds, needs, emotions and interests of these children, as well as improve the quality of existing advice and infrastructure.","PeriodicalId":52591,"journal":{"name":"Constitutionale","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69162873","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-01DOI: 10.25041/constitutionale.v2i1.2203
Robinsius Asido Putra Nainggolan
The reform of criminal law in Indonesia, which has become one of the discourses, is the Article regarding insults to the President and Vice President in the 2019 RUUKUHP. The government re-included several articles of insulting the president in the Draft Criminal Code formulation, which the Constitutional Court deleted through Decision Number: 013.022/PUU IV/2006. So the problem in this research is how the policy formulation of offense against the President and Vice President is following the formulation of the RUUKUHP and how the comparison of articles on insulting the President and Vice President in the formulation of the Draft Criminal Code with the Constitutional Court Judge Decision No: 013.022/PUU IV/2006. The research method used is juridical normative based on secondary data through library research data collection and data analysis. The discussion results show that the policy for the formulation of offense against the President/Vice President following the formulation of the RUUKUHP is an effort to provide legal protection to the President/Vice President as a symbol in state life. Comparing articles regarding insults to the President and Vice President in the formulation of the RUUKUHP with the Constitutional Court Decision No: 013.022/PUUIV/2006 have both similarities and differences.
{"title":"Comparasion Of Insult Regulation Towards President/Vice President In The Decree of The Constitutional Court","authors":"Robinsius Asido Putra Nainggolan","doi":"10.25041/constitutionale.v2i1.2203","DOIUrl":"https://doi.org/10.25041/constitutionale.v2i1.2203","url":null,"abstract":"The reform of criminal law in Indonesia, which has become one of the discourses, is the Article regarding insults to the President and Vice President in the 2019 RUUKUHP. The government re-included several articles of insulting the president in the Draft Criminal Code formulation, which the Constitutional Court deleted through Decision Number: 013.022/PUU IV/2006. So the problem in this research is how the policy formulation of offense against the President and Vice President is following the formulation of the RUUKUHP and how the comparison of articles on insulting the President and Vice President in the formulation of the Draft Criminal Code with the Constitutional Court Judge Decision No: 013.022/PUU IV/2006. The research method used is juridical normative based on secondary data through library research data collection and data analysis. The discussion results show that the policy for the formulation of offense against the President/Vice President following the formulation of the RUUKUHP is an effort to provide legal protection to the President/Vice President as a symbol in state life. Comparing articles regarding insults to the President and Vice President in the formulation of the RUUKUHP with the Constitutional Court Decision No: 013.022/PUUIV/2006 have both similarities and differences.","PeriodicalId":52591,"journal":{"name":"Constitutionale","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69162809","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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