Pub Date : 2023-03-27DOI: 10.25041/cepalo.v7no1.2833
Oktri Sasmita Yudha
Legal Aid is a right owned by a suspect/defendant to assist the suspect/defendant at various stages of the ongoing trial process. Investigators at this stage of the investigation process are required to give suspects the right to be accompanied by legal advisers regardless of the economic status of the suspect so that during the investigation process, the suspect becomes a subject and not an object and is treated equally before the law without discriminating between economic status. The problem in this article is implementing the right to legal Aid for the poor at the investigation stage and what funds are the inhibiting factors in implementing the right to legal Aid for the poor at the investigation stage. The method used in this study uses an empirical normative method with a statute approach. The results and discussion in this study indicate that several efforts are needed to increase effectiveness, including throwing the quality of advocate human resources, signing a joint commitment/agreement between law enforcement officials regarding the implementation of the provision of legal Aid, giving strict rewards and punishments to Legal Aid Organizations.
{"title":"IMPLEMENTATION OF THE RIGHT TO OBTAIN LEGAL ASSISTANCE FOR POOR CITIZENS AT THE INVESTIGATION STAGE","authors":"Oktri Sasmita Yudha","doi":"10.25041/cepalo.v7no1.2833","DOIUrl":"https://doi.org/10.25041/cepalo.v7no1.2833","url":null,"abstract":"Legal Aid is a right owned by a suspect/defendant to assist the suspect/defendant at various stages of the ongoing trial process. Investigators at this stage of the investigation process are required to give suspects the right to be accompanied by legal advisers regardless of the economic status of the suspect so that during the investigation process, the suspect becomes a subject and not an object and is treated equally before the law without discriminating between economic status. The problem in this article is implementing the right to legal Aid for the poor at the investigation stage and what funds are the inhibiting factors in implementing the right to legal Aid for the poor at the investigation stage. The method used in this study uses an empirical normative method with a statute approach. The results and discussion in this study indicate that several efforts are needed to increase effectiveness, including throwing the quality of advocate human resources, signing a joint commitment/agreement between law enforcement officials regarding the implementation of the provision of legal Aid, giving strict rewards and punishments to Legal Aid Organizations.","PeriodicalId":52705,"journal":{"name":"Cepalo","volume":"455 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78596965","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-27DOI: 10.25041/cepalo.v7no1.2814
B. Budiyono, Yusdiyanto Yusdiyanto, Irdham Riyanda
Village development is one of the government's agendas in the third nawacita listed in the 2020-2014 RPJMN. Nonetheless, the uncertainty of administrative law related to institutional authority and the mechanism for examining village financial management is still a problem. BPK-RI, as the state financial examiner, has not been explicitly mandated in the package of the State Finance Law to conduct audits of the village government and village finances. This research method was carried out through normative juridical and empirical juridical analysis methods to map the inspection model needed by the village government. The analysis was carried out using the theory of state finances and the theory of state financial audits, and the theory of authority. Research suggests that in the future, an adjustment is needed between the package of Laws on State Finance to align with the package of Laws related to Villages. The results of the study concluded that the authority currently owned by BPK-RI in managing village finances has the potential for arbitrary action (willekeur) by BPK-RI and the potential to submit a lawsuit for authority against BPK-RI in the future. Meanwhile, the village government, represented by the Nagari government in Solok Regency, revealed that the audit carried out by the BPK-RI had been beneficial in encouraging improvements in the performance of the Naga government, nonrequired that the BPK-RI could focus on the SPI audit model and the performance of the Nagari government. Therefore, the ideal inspection model can be carried out through integrated auditing.
{"title":"THE AUDIT AUTHORITY THE STATE AUDIT BOARD OF THE VILLAGE FINANCIAL MANAGEMENT IN SOLOK REGENCY","authors":"B. Budiyono, Yusdiyanto Yusdiyanto, Irdham Riyanda","doi":"10.25041/cepalo.v7no1.2814","DOIUrl":"https://doi.org/10.25041/cepalo.v7no1.2814","url":null,"abstract":"Village development is one of the government's agendas in the third nawacita listed in the 2020-2014 RPJMN. Nonetheless, the uncertainty of administrative law related to institutional authority and the mechanism for examining village financial management is still a problem. BPK-RI, as the state financial examiner, has not been explicitly mandated in the package of the State Finance Law to conduct audits of the village government and village finances. This research method was carried out through normative juridical and empirical juridical analysis methods to map the inspection model needed by the village government. The analysis was carried out using the theory of state finances and the theory of state financial audits, and the theory of authority. Research suggests that in the future, an adjustment is needed between the package of Laws on State Finance to align with the package of Laws related to Villages. The results of the study concluded that the authority currently owned by BPK-RI in managing village finances has the potential for arbitrary action (willekeur) by BPK-RI and the potential to submit a lawsuit for authority against BPK-RI in the future. Meanwhile, the village government, represented by the Nagari government in Solok Regency, revealed that the audit carried out by the BPK-RI had been beneficial in encouraging improvements in the performance of the Naga government, nonrequired that the BPK-RI could focus on the SPI audit model and the performance of the Nagari government. Therefore, the ideal inspection model can be carried out through integrated auditing.","PeriodicalId":52705,"journal":{"name":"Cepalo","volume":"9 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90242922","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-27DOI: 10.25041/cepalo.v7no1.2898
Safrin Salam
Indigenous institutions in Indonesia are a local wisdom inherited from the ancestors of the Indonesian State. This research is normative legal research, namely legal research conducted by researching and examining statutory regulations, starting from Article 18b paragraph 2 of the 1945 Constitution, 18B paragraph (2), Article 28D paragraph (1), Article 28G paragraph (1), and Article 28I paragraph (3), and the organic regulations under them. The results of the study show that the arrangements for protecting traditional institutions in Indonesia, namely that the State is obliged to protect the natural rights of humans themselves, namely customary law communities, are based on the Decision of the constitutional court no. 35/puu/ix/2012, namely customary rights in both private law and public law. John Locke's theory of protection is related to regulations issued by the State to provide legal protection for rechtgemeschappen, which needs to be studied juridically and sociologically. While the harmonization of customary institutional protection norms in Indonesia, namely by carrying out a legal review (reviewing) of legal regulations against Permendagri with Article 18b, Paragraph 2 of the 1945 Constitution, Article 6 of Law Number 39 of 1999 concerning human rights, Constitutional Court Decision Number 35/puu-ix/2012 Permendagri Number 52 of 2014 concerning the recognition and protection of customary law communities, and Circular Letter Number 3/se/iv/2014 regarding the determination of the existence of customary law communities and ulayat lands.
{"title":"LEGAL PROTECTION OF INDIGENOUS INSTITUTIONS IN THE FRAME OF THE RULE OF LAW (PERSPECTIVE OF LEGAL PROTECTION THEORY)","authors":"Safrin Salam","doi":"10.25041/cepalo.v7no1.2898","DOIUrl":"https://doi.org/10.25041/cepalo.v7no1.2898","url":null,"abstract":"Indigenous institutions in Indonesia are a local wisdom inherited from the ancestors of the Indonesian State. This research is normative legal research, namely legal research conducted by researching and examining statutory regulations, starting from Article 18b paragraph 2 of the 1945 Constitution, 18B paragraph (2), Article 28D paragraph (1), Article 28G paragraph (1), and Article 28I paragraph (3), and the organic regulations under them. The results of the study show that the arrangements for protecting traditional institutions in Indonesia, namely that the State is obliged to protect the natural rights of humans themselves, namely customary law communities, are based on the Decision of the constitutional court no. 35/puu/ix/2012, namely customary rights in both private law and public law. John Locke's theory of protection is related to regulations issued by the State to provide legal protection for rechtgemeschappen, which needs to be studied juridically and sociologically. While the harmonization of customary institutional protection norms in Indonesia, namely by carrying out a legal review (reviewing) of legal regulations against Permendagri with Article 18b, Paragraph 2 of the 1945 Constitution, Article 6 of Law Number 39 of 1999 concerning human rights, Constitutional Court Decision Number 35/puu-ix/2012 Permendagri Number 52 of 2014 concerning the recognition and protection of customary law communities, and Circular Letter Number 3/se/iv/2014 regarding the determination of the existence of customary law communities and ulayat lands.","PeriodicalId":52705,"journal":{"name":"Cepalo","volume":"203 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72563014","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-27DOI: 10.25041/cepalo.v7no1.2855
Daffa Ladro Kusworo, Maghfira Nur Khaliza Fauzi
The implementation of Diversion solves children's cases with peace efforts outside the judicial process and always provides legal protection to children to fulfill their future interests. In the data obtained that the implementation of Diversion in the settlement of cases of child perpetrators of the crime of theft in 2022, the Tanjung Karang District Court has succeeded in carrying out diversion cases in 3 cases out of 11 cases theft. However, there was a failure in carrying out Diversion because only one of them was successfully handled by Diversion, indicating that obstacles were found that affected the success of the Diversion. This study uses normative Law accompanied by legal rules that apply in society and literature studies in the form of books, journals, etc. The analytical method that will be used for this normative legal research is to use qualitative analysis methods. The data from this qualitative analysis are obtained from various sources in qualitative research; data analysis is more focused during the process in the field and data collection. It can be concluded that obstacles affect the success of Diversion at the Tanjung Karang District Court because the victim does not agree to the diversion agreement. There are objections to the compensation fee that the perpetrator must make to the victim and different understandings of law enforcement officials (APH) to implement Diversion successfully.
{"title":"IMPLEMENTATION DIVERSION IN SETTLEMENT CASES FOR CHILDREN PERPETRATORS CRIME THEFT AT TANJUNG KARANG DISTRICT COURT","authors":"Daffa Ladro Kusworo, Maghfira Nur Khaliza Fauzi","doi":"10.25041/cepalo.v7no1.2855","DOIUrl":"https://doi.org/10.25041/cepalo.v7no1.2855","url":null,"abstract":"The implementation of Diversion solves children's cases with peace efforts outside the judicial process and always provides legal protection to children to fulfill their future interests. In the data obtained that the implementation of Diversion in the settlement of cases of child perpetrators of the crime of theft in 2022, the Tanjung Karang District Court has succeeded in carrying out diversion cases in 3 cases out of 11 cases theft. However, there was a failure in carrying out Diversion because only one of them was successfully handled by Diversion, indicating that obstacles were found that affected the success of the Diversion. This study uses normative Law accompanied by legal rules that apply in society and literature studies in the form of books, journals, etc. The analytical method that will be used for this normative legal research is to use qualitative analysis methods. The data from this qualitative analysis are obtained from various sources in qualitative research; data analysis is more focused during the process in the field and data collection. It can be concluded that obstacles affect the success of Diversion at the Tanjung Karang District Court because the victim does not agree to the diversion agreement. There are objections to the compensation fee that the perpetrator must make to the victim and different understandings of law enforcement officials (APH) to implement Diversion successfully.","PeriodicalId":52705,"journal":{"name":"Cepalo","volume":"48 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82162772","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-27DOI: 10.25041/cepalo.v7no1.2863
Erdianto Effendi, R. Yulia
The Directorate General of Customs and Excise has administrative and law enforcement authority. In practice, judges often understand administrative authority as an investigative authority, thus granting pretrial requests for Acts that are the administrative authority. The method used is normative legal research is descriptive qualitative with qualitative analysis techniques using primary, secondary, and tertiary legal materials. The results showed that pretrial judges differed in interpreting administrative authority. Only two of the five judges interpreted administrative authority as not pretrial objects. Supposedly, judges are not authorized to examine the administrative authority exercised by Customs and Excise. Recommendations This research is to minimize the expansion of interpretation of the authority of forced efforts so that the issuance of the Supreme Mahakamh Circular or revise the Customs and Excise Law.
{"title":"PRETRIAL JUDGE AUTHORITY IN ADJUDICATING ADMINISTRATIVE ACTIONS CARRIED OUT BY THE DIRECTORATE GENERAL OF CUSTOMS","authors":"Erdianto Effendi, R. Yulia","doi":"10.25041/cepalo.v7no1.2863","DOIUrl":"https://doi.org/10.25041/cepalo.v7no1.2863","url":null,"abstract":"The Directorate General of Customs and Excise has administrative and law enforcement authority. In practice, judges often understand administrative authority as an investigative authority, thus granting pretrial requests for Acts that are the administrative authority. The method used is normative legal research is descriptive qualitative with qualitative analysis techniques using primary, secondary, and tertiary legal materials. The results showed that pretrial judges differed in interpreting administrative authority. Only two of the five judges interpreted administrative authority as not pretrial objects. Supposedly, judges are not authorized to examine the administrative authority exercised by Customs and Excise. Recommendations This research is to minimize the expansion of interpretation of the authority of forced efforts so that the issuance of the Supreme Mahakamh Circular or revise the Customs and Excise Law.","PeriodicalId":52705,"journal":{"name":"Cepalo","volume":"45 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84662718","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-27DOI: 10.25041/cepalo.v7no1.2886
Arisa Murni Rada, Muhaimin Limatahu, Ahmad Mufti
This research focuses on testing the cluster of children's rights with indicators of the fulfillment of special protection for children, specifically children in conflict with the law (ABH) as perpetrators; this is based on the fact that a child is at very high risk of being violated by his human rights when he has to be involved in the criminal justice system. The method used is empirical juridical or sociological legal research that examines the legal provisions that apply and what happens in society. The sociological juridical and statutory approach examines all regulations related to the legal issues under study. The data obtained were analyzed descriptively and qualitatively and used the deductive and inductive methods in concluding. The study results show that the fulfillment of special protection rights for children by law enforcement and the Regional Government of Ternate City is not optimal, even though several cases have been handled through a restorative justice approach in handling ABH. The support from the Regional Government of the City of Ternate realizes the fulfillment of ABH rights. It accelerates the status of a Child-Friendly City by providing the necessary facilities such as ABH special needs, special detention cells, recreation activities, social advocacy, accessibility, education, health, religion, and other needs through establishing a Unit. The Technical Implementer of the Area for the Protection of Women and Children (UPTD PPA) is constrained internally and externally, namely the unavailability of the Regional Regulation on Child Protection as a legal basis at the regional level, the unavailability of rehabilitation facilities for drug addict children and the low level of public understanding of the settlement of restorative justice which prioritizes children's interests.
{"title":"FULFILLMENT OF THE RIGHT TO SPECIAL PROTECTION FOR CHILDREN IN CONFLICT WITH THE LAW (ABH) IN THE CITY OF TERNATE","authors":"Arisa Murni Rada, Muhaimin Limatahu, Ahmad Mufti","doi":"10.25041/cepalo.v7no1.2886","DOIUrl":"https://doi.org/10.25041/cepalo.v7no1.2886","url":null,"abstract":"This research focuses on testing the cluster of children's rights with indicators of the fulfillment of special protection for children, specifically children in conflict with the law (ABH) as perpetrators; this is based on the fact that a child is at very high risk of being violated by his human rights when he has to be involved in the criminal justice system. The method used is empirical juridical or sociological legal research that examines the legal provisions that apply and what happens in society. The sociological juridical and statutory approach examines all regulations related to the legal issues under study. The data obtained were analyzed descriptively and qualitatively and used the deductive and inductive methods in concluding. The study results show that the fulfillment of special protection rights for children by law enforcement and the Regional Government of Ternate City is not optimal, even though several cases have been handled through a restorative justice approach in handling ABH. The support from the Regional Government of the City of Ternate realizes the fulfillment of ABH rights. It accelerates the status of a Child-Friendly City by providing the necessary facilities such as ABH special needs, special detention cells, recreation activities, social advocacy, accessibility, education, health, religion, and other needs through establishing a Unit. The Technical Implementer of the Area for the Protection of Women and Children (UPTD PPA) is constrained internally and externally, namely the unavailability of the Regional Regulation on Child Protection as a legal basis at the regional level, the unavailability of rehabilitation facilities for drug addict children and the low level of public understanding of the settlement of restorative justice which prioritizes children's interests.","PeriodicalId":52705,"journal":{"name":"Cepalo","volume":"35 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88175662","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 : 2022-11-15DOI: 10.25041/cepalo.v6no2.2704
Desimaliati Desimaliati
Law Number 1 of 1974 concerning Marriage (Marriage Law) as a guideline for norms (verwijzing) does not recognize interfaith marriages, but the Marriage Law itself provides a legal loophole in legalizing interfaith marriages. Many applications for interfaith marriage licenses that have been granted through Court Decisions and have been successfully registered at the Population and Civil Registry Office, are declared valid along with all their legal consequences in state administration and are legally binding on civil law. The purpose of this research is to explain application of legal theory and identify laws and regulations that form the legal basis for judges considerations in ratifying applications for registration of interfaith marriages through Court Decisions. The writing of this thesis uses normative legal research methods. Data processing and library research using primary, secondary and tertiary legal sources. The results showed that the ratification of interfaith marriages through a Court Decision was born from another interpretation of Article 66 of the Marriage Law which was interpreted by the method of applying the principle of conflict of norms using the principle of legal logic (rechtslogische prinzipien) or presumption of rules (vermutungsregeln), so that the Marriage Law seems to have multiple interpretations. There are several other laws and regulations that underlie the legalization of the registration of interfaith marriages in Indonesia. There are two views on the basis of the legal considerations of the Panel of Judges in accepting, examining and deciding cases of interfaith marriage applications through Court Decisions. To ensure legal protection and certainty for the parties and children born in a marriage, marriages need to be administratively registered in the state even though the marriages are of different religions.
{"title":"LEGALITY OF REGISTRATION FOR INTERNATIONAL RELIGIOUS MARRIAGE BASED ON COURT DECISIONS ACCORDING TO LAW AND REGULATIONS IN INDONESIA","authors":"Desimaliati Desimaliati","doi":"10.25041/cepalo.v6no2.2704","DOIUrl":"https://doi.org/10.25041/cepalo.v6no2.2704","url":null,"abstract":"Law Number 1 of 1974 concerning Marriage (Marriage Law) as a guideline for norms (verwijzing) does not recognize interfaith marriages, but the Marriage Law itself provides a legal loophole in legalizing interfaith marriages. Many applications for interfaith marriage licenses that have been granted through Court Decisions and have been successfully registered at the Population and Civil Registry Office, are declared valid along with all their legal consequences in state administration and are legally binding on civil law. The purpose of this research is to explain application of legal theory and identify laws and regulations that form the legal basis for judges considerations in ratifying applications for registration of interfaith marriages through Court Decisions. The writing of this thesis uses normative legal research methods. Data processing and library research using primary, secondary and tertiary legal sources. The results showed that the ratification of interfaith marriages through a Court Decision was born from another interpretation of Article 66 of the Marriage Law which was interpreted by the method of applying the principle of conflict of norms using the principle of legal logic (rechtslogische prinzipien) or presumption of rules (vermutungsregeln), so that the Marriage Law seems to have multiple interpretations. There are several other laws and regulations that underlie the legalization of the registration of interfaith marriages in Indonesia. There are two views on the basis of the legal considerations of the Panel of Judges in accepting, examining and deciding cases of interfaith marriage applications through Court Decisions. To ensure legal protection and certainty for the parties and children born in a marriage, marriages need to be administratively registered in the state even though the marriages are of different religions.","PeriodicalId":52705,"journal":{"name":"Cepalo","volume":"112 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88665966","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 : 2022-11-15DOI: 10.25041/cepalo.v6no2.2688
Ratna Widianing Putri
Social changes in the era of technological advances open up great opportunities for a lot of bad content for children's education such as pornography, violence, bullying , murder and others. This can cause the subconscious mind of a child who is in the process of learning to observe the environment so that it is embedded as values and mindsets and ultimately triggers children to commit criminal acts. Based on these conditions, it is not enough to develop a more comprehensive coaching model to change their behavior and thought patterns by accessing the subconscious mind through hypnotherapy techniques. The research method in this article is a literature study using primary and secondary data. Purpose the research the article to inform a model from guide in lpka for child perpetrator from criminal action through that addition from a hypnotherapy program and to inform model of guidance at lpka for child perpetrators of criminal acts through the addition of a hypnotherapy program. The research method is carried out by in-depth interviews with informants and literature study using secondary data in the form of decisions, journals, books, previous research and articles. The theoretical approaches used to analyze this article are differential association theory and coaching theory.
{"title":"HYPNOTHERAPY FOR CHILD PERPETRATORS OF CRIMINAL ACTS","authors":"Ratna Widianing Putri","doi":"10.25041/cepalo.v6no2.2688","DOIUrl":"https://doi.org/10.25041/cepalo.v6no2.2688","url":null,"abstract":"Social changes in the era of technological advances open up great opportunities for a lot of bad content for children's education such as pornography, violence, bullying , murder and others. This can cause the subconscious mind of a child who is in the process of learning to observe the environment so that it is embedded as values and mindsets and ultimately triggers children to commit criminal acts. Based on these conditions, it is not enough to develop a more comprehensive coaching model to change their behavior and thought patterns by accessing the subconscious mind through hypnotherapy techniques. The research method in this article is a literature study using primary and secondary data.\u0000Purpose the research the article to inform a model from guide in lpka for child perpetrator from criminal action through that addition from a hypnotherapy program and to inform model of guidance at lpka for child perpetrators of criminal acts through the addition of a hypnotherapy program. The research method is carried out by in-depth interviews with informants and literature study using secondary data in the form of decisions, journals, books, previous research and articles. The theoretical approaches used to analyze this article are differential association theory and coaching theory.","PeriodicalId":52705,"journal":{"name":"Cepalo","volume":"116 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89412088","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 : 2022-11-15DOI: 10.25041/cepalo.v6no2.2722
Febia Salwa Pandora, E. Makarim
The rapid development of the times affects all aspects of life. In this digital era, government regulations must also follow the flow of changes, including the use of stamp duty. In 2020, the Minister of Finance Sri Mulyani inaugurated the e-Materai. This electronic stamp duty issuance raises questions about its implications for its use as proof of document authenticity. This study aims to explain the use of e-stamp as a means of proving their authenticity and provide answers to their benefits to the community. This research uses a normative method through searching regulations and applicable regulations and synchronizing existing research data with applicable laws. The implementation of the stamp duty system is still preserved in Indonesia even though the Dutch state itself, as the originator, has not implemented the system for a long time. With the stamp duty which has a budgetary function and a document authentication function, there are still many shortcomings in the authentication function. The absence of recording information regarding the purchaser of stamp duty, identity and description of what documents are attached makes the authenticity proof function not optimal, whereas the later proof system in Indonesia is also still not qualified and it is proper that the sealing system must apply the rules of information security law.
{"title":"IMPLICATIONS OF USING ELECTRONIC STAMP DUTY AS PROOF OF AUTHENTICITY OF ELECTRONIC DOCUMENTS IN INDONESIA","authors":"Febia Salwa Pandora, E. Makarim","doi":"10.25041/cepalo.v6no2.2722","DOIUrl":"https://doi.org/10.25041/cepalo.v6no2.2722","url":null,"abstract":"The rapid development of the times affects all aspects of life. In this digital era, government regulations must also follow the flow of changes, including the use of stamp duty. In 2020, the Minister of Finance Sri Mulyani inaugurated the e-Materai. This electronic stamp duty issuance raises questions about its implications for its use as proof of document authenticity. This study aims to explain the use of e-stamp as a means of proving their authenticity and provide answers to their benefits to the community. This research uses a normative method through searching regulations and applicable regulations and synchronizing existing research data with applicable laws. The implementation of the stamp duty system is still preserved in Indonesia even though the Dutch state itself, as the originator, has not implemented the system for a long time. With the stamp duty which has a budgetary function and a document authentication function, there are still many shortcomings in the authentication function. The absence of recording information regarding the purchaser of stamp duty, identity and description of what documents are attached makes the authenticity proof function not optimal, whereas the later proof system in Indonesia is also still not qualified and it is proper that the sealing system must apply the rules of information security law.","PeriodicalId":52705,"journal":{"name":"Cepalo","volume":"96 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86606760","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 : 2022-11-15DOI: 10.25041/cepalo.v6no2.2698
Nursiah Moh Yunus, Rosdian Rosdian, M. Saleh
As one of the natural elements needed by humans and other living things, the issue of the availability of clean water is an essential issue for the community, especially after the earthquake, tsunami and liquefaction disasters hit Palu City Sigi Regency and Donggala Regency (PASIGALA). Without realizing it, it has almost entered its third year after the disaster; this vital issue has developed because the condition of the water that is suitable for community consumption, which was previously felt to be abundant and can be used together, is now starting to be limited. Thousands of people only rely on tank cars. Recently, there has been a wise thought that water as common property can be positioned as a human right. Therefore, the state should fulfil it as the implementation of control of resources (water) by the state. Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia expressly states the concept of the state's right to control water resources to achieve people's prosperity. This normative research seeks to explain the fulfilment of the right to water in Indonesia, which is based on the conception and philosophy contained in Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. The focus is on limiting problems regarding the fulfilment of clean water for the PASIGALA community after the disaster. This study tries to unravel the problems that: 1) the development of global conceptions and ideas has realized the importance of water resources and their recognition as one of the human rights,
{"title":"THE PROBLEMS OF THE RIGHT TO CLEAN WATER FROM THE SALUKI RIVER FLOW FOR THE PASIGALA COMMUNITY POST DISASTER","authors":"Nursiah Moh Yunus, Rosdian Rosdian, M. Saleh","doi":"10.25041/cepalo.v6no2.2698","DOIUrl":"https://doi.org/10.25041/cepalo.v6no2.2698","url":null,"abstract":"As one of the natural elements needed by humans and other living things, the issue of the availability of clean water is an essential issue for the community, especially after the earthquake, tsunami and liquefaction disasters hit Palu City Sigi Regency and Donggala Regency (PASIGALA). Without realizing it, it has almost entered its third year after the disaster; this vital issue has developed because the condition of the water that is suitable for community consumption, which was previously felt to be abundant and can be used together, is now starting to be limited. Thousands of people only rely on tank cars. Recently, there has been a wise thought that water as common property can be positioned as a human right. Therefore, the state should fulfil it as the implementation of control of resources (water) by the state. Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia expressly states the concept of the state's right to control water resources to achieve people's prosperity. This normative research seeks to explain the fulfilment of the right to water in Indonesia, which is based on the conception and philosophy contained in Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. The focus is on limiting problems regarding the fulfilment of clean water for the PASIGALA community after the disaster. This study tries to unravel the problems that: 1) the development of global conceptions and ideas has realized the importance of water resources and their recognition as one of the human rights,","PeriodicalId":52705,"journal":{"name":"Cepalo","volume":"30 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85422279","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}