Pub Date : 2022-11-15DOI: 10.25041/cepalo.v6no2.2590
N. Satrio, Wiend Sakti Myharto, M. S. Anwar
The legalization of abortion for rape victims creates a dialectic in substance as well as the application of the theories and principles that surround it. The author tries to see the meaning from two different sides, namely from the interests of protecting rape victims and the interests of the children conceived by rape victims. The method used by the author is a normative juridical approach. The meaning contained in abortion provocatus from the point of view of a rape victim is actually a protection for the victim. This protection is certainly protection from the effects or impacts of the actions of the perpetrators of rape. Meanwhile, the meaning contained in abortion provocatus from the point of view of Human Rights (HAM) clearly leads to the fulfillment of the right to life of the fetus mentioned in the previous description, which is called a child who is still in the womb. the author provides suggestions as solutions to problems that may arise, including: (1) the need for synchronization and harmonization of existing regulations, in this case between regulations on health and regulations on human rights; (2) legislators must prioritize higher interests in the event of a similar situation. The human rights interests of children who are in the womb according to the author must be prioritized.
{"title":"DIALECTIC OF THE MEANING OF ABORTUS PROVOCATEUR ON THE CRIME OF RAPE VICTIMS","authors":"N. Satrio, Wiend Sakti Myharto, M. S. Anwar","doi":"10.25041/cepalo.v6no2.2590","DOIUrl":"https://doi.org/10.25041/cepalo.v6no2.2590","url":null,"abstract":"The legalization of abortion for rape victims creates a dialectic in substance as well as the application of the theories and principles that surround it. The author tries to see the meaning from two different sides, namely from the interests of protecting rape victims and the interests of the children conceived by rape victims. The method used by the author is a normative juridical approach.\u0000The meaning contained in abortion provocatus from the point of view of a rape victim is actually a protection for the victim. This protection is certainly protection from the effects or impacts of the actions of the perpetrators of rape. Meanwhile, the meaning contained in abortion provocatus from the point of view of Human Rights (HAM) clearly leads to the fulfillment of the right to life of the fetus mentioned in the previous description, which is called a child who is still in the womb. the author provides suggestions as solutions to problems that may arise, including: (1) the need for synchronization and harmonization of existing regulations, in this case between regulations on health and regulations on human rights; (2) legislators must prioritize higher interests in the event of a similar situation. The human rights interests of children who are in the womb according to the author must be prioritized.","PeriodicalId":52705,"journal":{"name":"Cepalo","volume":"33 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84025167","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.v6no2.2706
Faddly Hendarsyah
The presence of the COVID-19 disease outbreak in 2019 brought many impacts on human life. Many people died due to Covid-19, countries around the world are trying to find solutions so that the COVID-19 outbreak can be overcome. Vaccines are the best solution for now in providing prevention of the COVID-19 pandemic. The government also organizes mandatory COVID-19 vaccinations that are given to the public to avoid this COVID-19 disease. The issuance of the approval for the COVID-19 vaccination is carried out because it is a public health emergency or Emergency Use Authorization (EUA). This research uses normative juridical research methods and empirical legal research. In general, research activities are carried out by collecting sources from reading materials such as books and laws and regulations, as well as conducting several interviews. The results obtained from this study are that medical and health personnel have received legal protection in the implementation of COVID-19 vaccination, both preventively and repressively. Then the factors that have the potential to cause medical disputes are Unexpected Events after COVID-19 Vaccination, incomplete information from officers, incomplete and correct information and information from the patient regarding the patient's medical history, incorrect assessment of the state of the vaccine target, and negligence of officers. However, this can be prevented by conducting education related to AEFI, ensure the quality and safety of vaccines and injectable vaccines according to the correct procedures, increasing the knowledge and ability of officers, do good IEC for patients.
{"title":"LEGAL PROTECTION OF MEDICAL AND HEALTH PERSONNEL IN THE IMPLEMENTATION OF COVID-19 VACCINATION","authors":"Faddly Hendarsyah","doi":"10.25041/cepalo.v6no2.2706","DOIUrl":"https://doi.org/10.25041/cepalo.v6no2.2706","url":null,"abstract":"The presence of the COVID-19 disease outbreak in 2019 brought many impacts on human life. Many people died due to Covid-19, countries around the world are trying to find solutions so that the COVID-19 outbreak can be overcome. Vaccines are the best solution for now in providing prevention of the COVID-19 pandemic. The government also organizes mandatory COVID-19 vaccinations that are given to the public to avoid this COVID-19 disease. The issuance of the approval for the COVID-19 vaccination is carried out because it is a public health emergency or Emergency Use Authorization (EUA). This research uses normative juridical research methods and empirical legal research. In general, research activities are carried out by collecting sources from reading materials such as books and laws and regulations, as well as conducting several interviews. The results obtained from this study are that medical and health personnel have received legal protection in the implementation of COVID-19 vaccination, both preventively and repressively. Then the factors that have the potential to cause medical disputes are Unexpected Events after COVID-19 Vaccination, incomplete information from officers, incomplete and correct information and information from the patient regarding the patient's medical history, incorrect assessment of the state of the vaccine target, and negligence of officers. However, this can be prevented by conducting education related to AEFI, ensure the quality and safety of vaccines and injectable vaccines according to the correct procedures, increasing the knowledge and ability of officers, do good IEC for patients.","PeriodicalId":52705,"journal":{"name":"Cepalo","volume":"29 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88734771","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 : 2022-11-07DOI: 10.25041/cepalo.v6no2.2683
Yulia Neta, Malicia Evendia, A. Firmansyah
The discussion about omnibus law in the formation of laws and regulations has become a continuing discourse to this day, this is because omnibus law has been implemented in Indonesia through the work copyright law contained in Law Number 11 of 2020 concerning Job Creation. In its development, through the Constitutional Court Decision Number 91/PUU-XVIII/2020 on the Formal Review of Law Number 11 of 2020 concerning Job Creation, it is stated that the Job Creation Act is conditional. However, on the one hand, the Instruction of the Minister of Home Affairs Number 68 of 2021 regarding the Follow-up to the Decision of the Constitutional Court Number 91/PUU-XVIII/2020 becomes a dilemma because the regions must continue to follow the Job Creation Act and make adjustments to regional regulations on the follow-up to the existing law. The content material in the work copyright law is so diverse that it consists of eleven clusters and has changed, deleted and/or stipulated new arrangements for several provisions regulated in various laws, which have implications for the laws and regulations below them, including the regulations. On the other hand, some local government authorities have also experienced a shift through the law. The implications of the omnibus law on job creation on regional regulations include the deregulation of various regional regulations as a delegation of norms from higher regulations, and the responsibility of regional governments in harmonizing and synchronizing regional regulations in an effort to optimally implement autonomy and co-administration tasks.
{"title":"IMPLICATIONS OF OMNIBUS LAW ON JOB CREATION TOWARDS REGULATIONS IN DECENTRALIZATION PERSPECTIVE","authors":"Yulia Neta, Malicia Evendia, A. Firmansyah","doi":"10.25041/cepalo.v6no2.2683","DOIUrl":"https://doi.org/10.25041/cepalo.v6no2.2683","url":null,"abstract":"The discussion about omnibus law in the formation of laws and regulations has become a continuing discourse to this day, this is because omnibus law has been implemented in Indonesia through the work copyright law contained in Law Number 11 of 2020 concerning Job Creation. In its development, through the Constitutional Court Decision Number 91/PUU-XVIII/2020 on the Formal Review of Law Number 11 of 2020 concerning Job Creation, it is stated that the Job Creation Act is conditional. However, on the one hand, the Instruction of the Minister of Home Affairs Number 68 of 2021 regarding the Follow-up to the Decision of the Constitutional Court Number 91/PUU-XVIII/2020 becomes a dilemma because the regions must continue to follow the Job Creation Act and make adjustments to regional regulations on the follow-up to the existing law. The content material in the work copyright law is so diverse that it consists of eleven clusters and has changed, deleted and/or stipulated new arrangements for several provisions regulated in various laws, which have implications for the laws and regulations below them, including the regulations. On the other hand, some local government authorities have also experienced a shift through the law. The implications of the omnibus law on job creation on regional regulations include the deregulation of various regional regulations as a delegation of norms from higher regulations, and the responsibility of regional governments in harmonizing and synchronizing regional regulations in an effort to optimally implement autonomy and co-administration tasks.","PeriodicalId":52705,"journal":{"name":"Cepalo","volume":"085 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91158135","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 : 2022-10-07DOI: 10.25041/cepalo.v6no1.2648
Bayu Mediansyah
Narcotics Law has ensure rehabilitation medical and social for abuser narcotics . However on level enforcement law , rehabilitation abuser narcotics no as well as immediately done ; abuser narcotics must go through the appraisal process more first . In system Justice criminal , stage prosecution hold strategic role. With Thus , it is also important to know the appraisal process for abuser narcotics on Step prosecution, because of that , article this will analyze problem in the assessment process addict narcotics on Step prosecution and how optimizing restorative justice in prosecution user narcotics based on recommendation assessment integrated ? For answer problem the used method study normative empirical descriptive and qualitative. Research results show that on Step prosecution , there is a number of problem in the assessment process for abuser narcotics . Difference view enforcement law dominate problem this ; Settings evaluation integrated have factor strength binding , means , and weak infrastructure, and culture law Public no understand benefit evaluation and more choose criminal prison for abuser narcotics . one approach potential for complete problem this is justice restorative. In Thing this the application of restorative justice is optimized with socialization and education about evaluation user drugs, increase coordination enforcement law, raising funds for implementation assessment, and enhancement facility and facility evaluation user drugs.
{"title":"RESTORATIVE ASSESSMENT BASED ON THE RESULTS OF INTEGRATED ASSESSMENT PROSECUTION OF RESTORATIVE JUSTICE ABUSE","authors":"Bayu Mediansyah","doi":"10.25041/cepalo.v6no1.2648","DOIUrl":"https://doi.org/10.25041/cepalo.v6no1.2648","url":null,"abstract":"Narcotics Law has ensure rehabilitation medical and social for abuser narcotics . However on level enforcement law , rehabilitation abuser narcotics no as well as immediately done ; abuser narcotics must go through the appraisal process more first . In system Justice criminal , stage prosecution hold strategic role. With Thus , it is also important to know the appraisal process for abuser narcotics on Step prosecution, because of that , article this will analyze problem in the assessment process addict narcotics on Step prosecution and how optimizing restorative justice in prosecution user narcotics based on recommendation assessment integrated ? For answer problem the used method study normative empirical descriptive and qualitative. Research results show that on Step prosecution , there is a number of problem in the assessment process for abuser narcotics . Difference view enforcement law dominate problem this ; Settings evaluation integrated have factor strength binding , means , and weak infrastructure, and culture law Public no understand benefit evaluation and more choose criminal prison for abuser narcotics . one approach potential for complete problem this is justice restorative. In Thing this the application of restorative justice is optimized with socialization and education about evaluation user drugs, increase coordination enforcement law, raising funds for implementation assessment, and enhancement facility and facility evaluation user drugs.","PeriodicalId":52705,"journal":{"name":"Cepalo","volume":"13 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89743882","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/cepalo.v6no1.2584
Muhammad Fakih, Selvia Oktaviana, Ely Nurlaili, Dita Febrianto, Nilla Nargis
The COVID-19 pandemic has significantly impacted the health sector and the economy. As an affected country, the Indonesian government has issued many policies to prevent and control the Covid-19 virus. However, substantial problems arise, with the absence of compliance from some people in certain areas, such as Bandar Lampung City, Lampung Province. Although the local government issued Regional Regulation Number 3 of 2020 concerning Adaptation of New Habits in the Prevention and Control of Corona Virus Disease 2019 to regulate the community's obligations in implementing the 3M Health Protocol in public spaces, the main problem in this study is the people of Lampung Province's lack of discipline in implementing the 3M Health Protocol and the dynamics of implementing e-Court during the pandemic. Therefore, there needs to be a review regarding the effectiveness of implementing the 3M Health Protocol to prevent the spread of Covid-19 in Bandar Lampung, as well as the application of e-Court in the perspective of other laws and regulations. The research method used in this study is empirical law research, by taking a problem-based approach to a behavioral approach supported by primary data sourced from data sources. The implementation of the 3M health protocol through Regional Regulation Number 3 of 2020 shows quite effective results in its application in public spaces based on a survey of 86 respondents from the people of Bandar Lampung City. It was recorded that 83.5% of 86 respondents stated that public services at the Court had been carried out online, while 16.5% stated that they were done online through e-Court but limited. However, when taken as a whole, the implementation of health protocols and e-Courts as part of the effort to prevent the spread of Covid-19 is relatively good; it's just that certain obstacles must be evaluated.
{"title":"THE IMPLEMENTATION OF HEALTH PROTOCOLS ON E-COURT SYSTEMS DURING THE COVID-19 PANDEMIC ERA (In Bandar Lampung City)","authors":"Muhammad Fakih, Selvia Oktaviana, Ely Nurlaili, Dita Febrianto, Nilla Nargis","doi":"10.25041/cepalo.v6no1.2584","DOIUrl":"https://doi.org/10.25041/cepalo.v6no1.2584","url":null,"abstract":"The COVID-19 pandemic has significantly impacted the health sector and the economy. As an affected country, the Indonesian government has issued many policies to prevent and control the Covid-19 virus. However, substantial problems arise, with the absence of compliance from some people in certain areas, such as Bandar Lampung City, Lampung Province. Although the local government issued Regional Regulation Number 3 of 2020 concerning Adaptation of New Habits in the Prevention and Control of Corona Virus Disease 2019 to regulate the community's obligations in implementing the 3M Health Protocol in public spaces, the main problem in this study is the people of Lampung Province's lack of discipline in implementing the 3M Health Protocol and the dynamics of implementing e-Court during the pandemic. Therefore, there needs to be a review regarding the effectiveness of implementing the 3M Health Protocol to prevent the spread of Covid-19 in Bandar Lampung, as well as the application of e-Court in the perspective of other laws and regulations. The research method used in this study is empirical law research, by taking a problem-based approach to a behavioral approach supported by primary data sourced from data sources. The implementation of the 3M health protocol through Regional Regulation Number 3 of 2020 shows quite effective results in its application in public spaces based on a survey of 86 respondents from the people of Bandar Lampung City. It was recorded that 83.5% of 86 respondents stated that public services at the Court had been carried out online, while 16.5% stated that they were done online through e-Court but limited. However, when taken as a whole, the implementation of health protocols and e-Courts as part of the effort to prevent the spread of Covid-19 is relatively good; it's just that certain obstacles must be evaluated.","PeriodicalId":52705,"journal":{"name":"Cepalo","volume":"27 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76366242","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/cepalo.v6no1.2580
Ahmad Mufti, Muhaimin Limatahu
The Directorate General of Customs and Excise is an institution engaged in customs and excise. Meanwhile, as the technical implementer at the district/city level, the Customs Supervision, and Service Office has the task of carrying out the formulation and implementation of policies in the field of supervision, law enforcement, service, and optimization of state revenues in the customs and excise sector following the provisions of laws and regulations. The general goal of this research is to determine the extent to which the Ternate Office of the Directorate General of Customs and Excise implements the supervisory function in supervising the circulation of excisable goods and other contraband goods in the North Maluku community, while the specific goal of the study is to determine the efforts optimization carried out by the Ternate Office of the Directorate General of Customs and Excise. Furthermore, studies revealed that the Ternate Office of the Directorate General of Customs and Excise continues to improve its performance to optimize the internal control function of excisable goods as measured by Key Performance Indicators and collaboration between institutions such as the Operational Facility Base, the Indonesian Navy, the Indonesian Amy, the Indonesian Air, and Water Police, the National Narcotics Agency or Badan Narkotika Nasional (BNN), the Ministry of Tr, and the Ministry of Tr. The most noticeable obstacle is the number of personnel and facilities considering the vast area being monitored, the strategic area of the North Maluku waters, and community and cultural factors.
海关总署是一个从事海关工作的机构。同时，作为区(市)级的技术实施者，海关监管服务办公室的任务是按照法律法规的规定，制定和实施海关监管、执法、服务和税收优化等领域的政策。本研究的总体目标是确定海关总署三级办公室在监督北马鲁古社区的可征税货物和其他违禁品流通方面履行监督职能的程度，而研究的具体目标是确定海关总署三级办公室所做的努力优化。此外，研究表明，海关总署的第三办公室继续提高其绩效，以优化可征税货物的内部控制功能，以关键绩效指标和机构之间的合作来衡量，如行动设施基地，印度尼西亚海军，印度尼西亚陆军，印度尼西亚空军和水警，国家麻醉品局或Badan Narkotika Nasional (BNN)， Tr部，最明显的障碍是人员和设施的数量，考虑到监测的面积大，北马鲁古水域的战略区域，以及社区和文化因素。
{"title":"OPTIMIZATION OF MALUKU'S DIRECTORATE GENERAL OF CUSTOMS AND EXCISE SUPERVISION FUNCTION IN THE ARCHIPELAGIC REGIONS FOR EXCITED GOODS CIRCULATION","authors":"Ahmad Mufti, Muhaimin Limatahu","doi":"10.25041/cepalo.v6no1.2580","DOIUrl":"https://doi.org/10.25041/cepalo.v6no1.2580","url":null,"abstract":"The Directorate General of Customs and Excise is an institution engaged in customs and excise. Meanwhile, as the technical implementer at the district/city level, the Customs Supervision, and Service Office has the task of carrying out the formulation and implementation of policies in the field of supervision, law enforcement, service, and optimization of state revenues in the customs and excise sector following the provisions of laws and regulations. The general goal of this research is to determine the extent to which the Ternate Office of the Directorate General of Customs and Excise implements the supervisory function in supervising the circulation of excisable goods and other contraband goods in the North Maluku community, while the specific goal of the study is to determine the efforts optimization carried out by the Ternate Office of the Directorate General of Customs and Excise. Furthermore, studies revealed that the Ternate Office of the Directorate General of Customs and Excise continues to improve its performance to optimize the internal control function of excisable goods as measured by Key Performance Indicators and collaboration between institutions such as the Operational Facility Base, the Indonesian Navy, the Indonesian Amy, the Indonesian Air, and Water Police, the National Narcotics Agency or Badan Narkotika Nasional (BNN), the Ministry of Tr, and the Ministry of Tr. The most noticeable obstacle is the number of personnel and facilities considering the vast area being monitored, the strategic area of the North Maluku waters, and community and cultural factors.","PeriodicalId":52705,"journal":{"name":"Cepalo","volume":"24 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72761143","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/cepalo.v6no1.2582
Ni Kadek Poniasih, Feni Rosalia, Maulana Muklis, Tabah Maryanah
The development of the tourism sector is one of the efforts to improve the local and global economy by independently implementing the region's potential, including tourism management. Because the tourism and culture in Lampung province are pretty interesting, it is necessary to develop tourism into a tourist village through BUMDes. Tourism village management based on local potential necessitates community awareness and participation to constantly innovate and be creative in developing village areas that are used as tourist villages. To examine the development of ecotourism based on Village Owned Enterprises (BUMDes), especially in Lampung Province, the problem discussed in this research is how to develop ecotourism through BUMDes toward an internationally competitive tourism responsibility village. The research method used is a normative research method with a statute approach and analyzed using content analysis. The reported research demonstrates; First, the research shows that developing ecotourism through village-owned enterprises (BUMDes) to reach a tourist village can be accomplished by empowering rural communities with the goal of community welfare. BUMDes' existence can be accepted as a means of improving welfare. The presence of BUMDes in Indonesia has grown in tandem with the number of villages that comprise BUMDes. Second, tourism development can be realized through local community-based BUMDes with the participation of Pokdarwis, who previously managed tourism and whose initial capital was funded by village contributions and donations. It is a pity if a village has tourism potential and BUMDes but does not collaborate to develop a website into a tourist village. Because, in essence, Lampung Province already has culture and ecotourism that can be promoted nationally and internationally.
{"title":"THROUGH VILLAGE OWNED BUSINESS AGENCY, TOWARDS TOUGH TOURISM VILLAGE","authors":"Ni Kadek Poniasih, Feni Rosalia, Maulana Muklis, Tabah Maryanah","doi":"10.25041/cepalo.v6no1.2582","DOIUrl":"https://doi.org/10.25041/cepalo.v6no1.2582","url":null,"abstract":"The development of the tourism sector is one of the efforts to improve the local and global economy by independently implementing the region's potential, including tourism management. Because the tourism and culture in Lampung province are pretty interesting, it is necessary to develop tourism into a tourist village through BUMDes. Tourism village management based on local potential necessitates community awareness and participation to constantly innovate and be creative in developing village areas that are used as tourist villages. To examine the development of ecotourism based on Village Owned Enterprises (BUMDes), especially in Lampung Province, the problem discussed in this research is how to develop ecotourism through BUMDes toward an internationally competitive tourism responsibility village. The research method used is a normative research method with a statute approach and analyzed using content analysis. The reported research demonstrates; First, the research shows that developing ecotourism through village-owned enterprises (BUMDes) to reach a tourist village can be accomplished by empowering rural communities with the goal of community welfare. BUMDes' existence can be accepted as a means of improving welfare. The presence of BUMDes in Indonesia has grown in tandem with the number of villages that comprise BUMDes. Second, tourism development can be realized through local community-based BUMDes with the participation of Pokdarwis, who previously managed tourism and whose initial capital was funded by village contributions and donations. It is a pity if a village has tourism potential and BUMDes but does not collaborate to develop a website into a tourist village. Because, in essence, Lampung Province already has culture and ecotourism that can be promoted nationally and internationally.","PeriodicalId":52705,"journal":{"name":"Cepalo","volume":"29 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76585200","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/cepalo.v6no1.2589
Dwi Tatak Subagiyo, Desi Nurkristia Tedjawati
Children out of wedlock (illegitimate children), according to Law No.1/1974, still have a legal relationship with their mother and their mother's family. In contrast, in KUHPdt/BW, the legal relationship exists only with the person who acknowledges it. The Constitutional Court stated that Article 43 paragraph (1) of the Marriage Law is conditional unconstitutional. The decision of the Constitutional Court Number: 46 / PUU-VIII / 2010 regarding the status of children born outside of marriage raises new problems regarding the distribution of inheritance from the father to the child. In Islamic law, the distribution of inheritance cannot be implemented because, according to the concept of Islamic inheritance law, there are conditions such as a lineage or a legal relationship according to marriage. Based on the preceding, this study will comprehensively discuss the characteristics of inheritance distribution to children out of wedlock in positive Indonesian law, as well as the castration of a wife's inheritance rights as a result of the legal consequences of inheritance distribution to children out of wedlock based on Constitutional Court Decision Number: 46/PUU-VIII/2010. This type of research is normative legal research using the case approach method by analyzing the relevant laws and regulations and examining cases related to inheritance rights for children born out of wedlock. The results confirmed the apparent support for the inheritance rights of the illegitimate children is indeed in the mother's family line. Nonetheless, Article 863 BW states that if the inheritance leaves a legal offspring or husband or wife, the illegitimate children inherit 1/3 of what legitimate children would receive.
{"title":"THE EXPLANATION OF THE CHILD AND WIFE’S INHERITANCE RIGHTS AS A RESULT OF SIRI LEGITIMATE MARRIAGE","authors":"Dwi Tatak Subagiyo, Desi Nurkristia Tedjawati","doi":"10.25041/cepalo.v6no1.2589","DOIUrl":"https://doi.org/10.25041/cepalo.v6no1.2589","url":null,"abstract":"Children out of wedlock (illegitimate children), according to Law No.1/1974, still have a legal relationship with their mother and their mother's family. In contrast, in KUHPdt/BW, the legal relationship exists only with the person who acknowledges it. The Constitutional Court stated that Article 43 paragraph (1) of the Marriage Law is conditional unconstitutional. The decision of the Constitutional Court Number: 46 / PUU-VIII / 2010 regarding the status of children born outside of marriage raises new problems regarding the distribution of inheritance from the father to the child. In Islamic law, the distribution of inheritance cannot be implemented because, according to the concept of Islamic inheritance law, there are conditions such as a lineage or a legal relationship according to marriage. Based on the preceding, this study will comprehensively discuss the characteristics of inheritance distribution to children out of wedlock in positive Indonesian law, as well as the castration of a wife's inheritance rights as a result of the legal consequences of inheritance distribution to children out of wedlock based on Constitutional Court Decision Number: 46/PUU-VIII/2010. This type of research is normative legal research using the case approach method by analyzing the relevant laws and regulations and examining cases related to inheritance rights for children born out of wedlock. The results confirmed the apparent support for the inheritance rights of the illegitimate children is indeed in the mother's family line. Nonetheless, Article 863 BW states that if the inheritance leaves a legal offspring or husband or wife, the illegitimate children inherit 1/3 of what legitimate children would receive.","PeriodicalId":52705,"journal":{"name":"Cepalo","volume":"41 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80104469","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/cepalo.v5no2.2390
Glad Mauraina, Angel Pratiwi, D. Purnama
Adoption is carried out by a legally married couple and could also be done by someone who does not want to build a household but still wants to have children as successors and who would take care of them in the future as a single parent. Article 10 paragraph (3) of the Regulation of the Minister of Social Affairs of the Republic of Indonesia Number 110/HUK/2009 concerning Child Adoption Requirements states that child adoption through a childcare institution could be carried out firstly by a prospective foster parent. Prospective Foster Parents have been legally married for a minimum of five years, as stated in Article 20 letter e of the Regulation of the Minister of Social Affairs of the Republic of Indonesia Number 110/HUK/2009. In this research journal, we would discuss the issue of Child Adoption by Non-Marriage Person. This study focuses on normative legal research that examines the content of legislation. This legal research was conducted with two approaches consisting of a statutory approach and a conceptual approach. Researchers would find ideas that provide legal understanding, legal concepts, and legal principles. This research concludes that adoption could be carried out by married couples and non-married person/single parent. It is referred to Government Regulation Number 54 of 2007 concerning Adoption of Children. This regulation is reinforced by the issuance of Circular Letter of the Supreme Court (SEMA) Number 6 of 1983 explaining that it is possible for Indonesian citizens who are unmarried, have been married, or a single parent, to adopt a child.
{"title":"CHILD ADOPTION BY UNMARRIED PERSON IN THE INDONESIAN CIVIL LAW SYSTEM","authors":"Glad Mauraina, Angel Pratiwi, D. Purnama","doi":"10.25041/cepalo.v5no2.2390","DOIUrl":"https://doi.org/10.25041/cepalo.v5no2.2390","url":null,"abstract":"Adoption is carried out by a legally married couple and could also be done by someone who does not want to build a household but still wants to have children as successors and who would take care of them in the future as a single parent. Article 10 paragraph (3) of the Regulation of the Minister of Social Affairs of the Republic of Indonesia Number 110/HUK/2009 concerning Child Adoption Requirements states that child adoption through a childcare institution could be carried out firstly by a prospective foster parent. Prospective Foster Parents have been legally married for a minimum of five years, as stated in Article 20 letter e of the Regulation of the Minister of Social Affairs of the Republic of Indonesia Number 110/HUK/2009. In this research journal, we would discuss the issue of Child Adoption by Non-Marriage Person. This study focuses on normative legal research that examines the content of legislation. This legal research was conducted with two approaches consisting of a statutory approach and a conceptual approach. Researchers would find ideas that provide legal understanding, legal concepts, and legal principles. This research concludes that adoption could be carried out by married couples and non-married person/single parent. It is referred to Government Regulation Number 54 of 2007 concerning Adoption of Children. This regulation is reinforced by the issuance of Circular Letter of the Supreme Court (SEMA) Number 6 of 1983 explaining that it is possible for Indonesian citizens who are unmarried, have been married, or a single parent, to adopt a child.","PeriodicalId":52705,"journal":{"name":"Cepalo","volume":"12 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91255721","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/cepalo.v5no2.2362
Mashuril Anwar
Criminal sanctions are more popular than action sanctions at the application level. Action sanctions formulation is regulated in Articles 82 and 83 of the Juvenile Criminal Justice System Law, while criminal sanctions are the last resort. However, criminal sanctions are still the "prima donna" in law enforcement practices against children in conflict. This condition raises various problems such as the overcapacity of correctional institutions, burdens the state budget, and creates a stigma against children in conflict with the law. Because the purpose of implementing the juvenile criminal justice system is in the child's best interests, action sanctions should be prioritised, even though criminal sanctions are needed in law enforcement against children in conflict with the law. Therefore, an idea emerged to restore criminal sanctions as ultimum remedium and strengthen action sanctions as primum remedium. The problem discussed in this study is how to implement primum remedium action sanctions against children in conflict with the law? And how to strengthen primum remedium action sanctions against children in conflict with the law? This study uses a normative juridical, an empirical juridical, and a comparative methods. The data in this article are sourced from primary and secondary data processed through description, prescription, and system. The results indicate that criminal sanctions still dominate judges' decisions in children in conflict with the law, and action sanctions are complementary sanctions because it is rarely applied.
{"title":"PRIMUM REMEDIUM ACTION SANCTIONS AGAINST CHILDREN IN CONFLICT WITH THE LAW","authors":"Mashuril Anwar","doi":"10.25041/cepalo.v5no2.2362","DOIUrl":"https://doi.org/10.25041/cepalo.v5no2.2362","url":null,"abstract":"Criminal sanctions are more popular than action sanctions at the application level. Action sanctions formulation is regulated in Articles 82 and 83 of the Juvenile Criminal Justice System Law, while criminal sanctions are the last resort. However, criminal sanctions are still the \"prima donna\" in law enforcement practices against children in conflict. This condition raises various problems such as the overcapacity of correctional institutions, burdens the state budget, and creates a stigma against children in conflict with the law. Because the purpose of implementing the juvenile criminal justice system is in the child's best interests, action sanctions should be prioritised, even though criminal sanctions are needed in law enforcement against children in conflict with the law. Therefore, an idea emerged to restore criminal sanctions as ultimum remedium and strengthen action sanctions as primum remedium. The problem discussed in this study is how to implement primum remedium action sanctions against children in conflict with the law? And how to strengthen primum remedium action sanctions against children in conflict with the law? This study uses a normative juridical, an empirical juridical, and a comparative methods. The data in this article are sourced from primary and secondary data processed through description, prescription, and system. The results indicate that criminal sanctions still dominate judges' decisions in children in conflict with the law, and action sanctions are complementary sanctions because it is rarely applied.","PeriodicalId":52705,"journal":{"name":"Cepalo","volume":"14 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86797115","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}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：