Journal & Issues

Journal Details
Format
Journal
eISSN
2620-9837
Published
23/05/2022
Languages
English
8 Articles
access type Open Access

IMPROVEMENT OF CONFLICT OF AGRARIAN PERIOD PANDEMIC COVID-19 DUE TO GOVERNMENT POLICY ON LAND ACQUISITION FOR INFRASTRUCTURE DEVELOPMENT

Page range: 1-18

Abstract

The Covid-19 Pandemic period did not hinder the implementation of land acquisition for infrastructure development to realize the Vision of Advanced Indonesia 2045 as the top 5 world economic powers. Land acquisition often does not benefit the affected people, causing conflict. The purpose of the study is to understand the legal aspects of land acquisition for infrastructure development, the factors causing the increase in agrarian conflicts in the infrastructure sector during the COVID-19 pandemic, and the legal protection of the community for land acquisition for infrastructure development. The approach method is normative juridical, descriptive analysis research specifications, types and sources of data based on secondary data, and qualitative data analysis. The results of the study, First, thegovernment's policy to ratify the Job Creation Law in providing convenience for corporations to carry out land acquisition has ignored Article 33 paragraph (3) of the 1945 Constitution. Second, infrastructure development contributes to increasing agrarian conflicts dueto closed, intimidating, manipulative processes, to use of violence against affected communities. Third. The Law on Land Funding for Development in the Public Interest has not been able to provide legal protection for the rights of the people whose land is used as the object of infrastructure development.

 

access type Open Access

RELATION BETWEEN RECHTSSTAAT CONCEPT WITH LEGAL CERTAINTY IN MONEY LAUNDERING ASSET TRACING REGULATION WITH CORRUPTION AS THE PREDICATE CRIME IN ECONOMIC CRIME

Page range: 19-41

Abstract

Rechtsstaat Nation–law-based nation–is an ideal habitat for human rights because there is a guarantee for human rights through the independence of justice, legal proceedings, and other justice tools. Through this concept, it is expected that law certainty can take place. In Article 1 number (3) UUD 1945, it is clear and pronounced that Negara Kesatuan Republik Indonesia is a legal state. Therefore, the presence of legislation is expected to bring legal certainty, including Law No. 8 of 2010 about the Prevention and Eradication of Money Laundering which regulates asset tracing. However, factually, there are still some weaknesses in that legislation in regulating asset tracing, such as redundant articles, the development of “follow the money” concept that is still unknown to many parties, and so on. Thus, it can be seen that the existence of legal state concept does not guarantee a perfect law certainty.

access type Open Access

PELATIHAN DAN PEMBINAAN WARGA BINAAN PEMASYARAKATAN DI LAPAS PALEDANG BOGOR UNTUK MEWUJUDKAN PERLINDUNGAN HAK ASASI MANUSIA

Page range: 42-50

Abstract

This study aims to determine the form of training and coaching for inmates at the Paledang Prison, Bogor. The main purpose of a correctional institution is to provide guidance for inmates based on the system, institution, and method of coaching as the final part of the criminal justice system in the criminal justice system. In this study, the author uses the empirical method with data collection techniques of observation, interviews and questionnaires. The training and coaching of the inmates who were held at the Bogor Paleadang Penitentiary was running effectively. The guidance provided is divided into two, namely personality development and independence development.

access type Open Access

PELANGGARAN HUKUM TERHADAP PEMANFAATAN SEMPADAN SALURAN IRIGASI RENTANG KABUPATEN INDRAMAYU

Page range: 51-69

Abstract

Function changes part or all of the land area from the original function is problem about landuse, one of them is over the function on irrigation stream buffer. Stream buffer is boundary line in left and right trough irrigation set as due protection irrigation. Change area utilization on stream buffer irrigation in Indramayu district dominated by increase residential area that requires and special control is the area that has strategic value and on the regional management must priority.   The results showed that there was a violation of Article 80 of PERDA of Indramayu No.22 of 2007 for the construction of buildings on the border of the irrigation because the utilization of the irrigation boundary is not appropriate as regulated in the regulation. Impacts of building construction on the irrigation border include a decrease in river water quality, increased scouring of river banks, and reduce the amount of aquatic life. Strategies to control and monitor space utilization are carried out through persuasive and repressive methods.  

 

access type Open Access

UPAYA HUKUM KEIMIGRASIAN DAN PERANAN KEIMIGRASIAN DALAM MENGANTISIPASI KEJAHATAN TRANSNASIONAL DI NEGARA INDONESIA

Page range: 70-87

Abstract

Immigration is a matter of traffic of people entering or leaving the territory of Indonesia and its supervision in order to maintain the upholding of state sovereignty (Article 1 number 1 of Law No. 6 of 2011). At present the total population of the world in 2019 is 7,714,576,923 and continues to increase of course. It grew 1.07 percent compared to 2018 or increased by 81,757,598 residents. The total age of the world's population according to worldometers is 29.9 years. This is a condition where the cycle of density and traffic in the world is growing and increasing. The largest population is still dominated by China. The Bamboo Curtain country recorded 1,417,930,226 inhabitants. China's total population is five times more than Indonesia's population. In second place, the most population in the world is occupied by India. The population of India is 1,362,483,286 since this article was created and continues to grow. India pursues China, which is only about 50 million people. While in the order of three, the world's super power state stands firmly. The population in Uncle Sam's country is 328,103,440 people. More than 60 million people than Indonesia. Then successively Brazil 211,744,042, Pakistan 202,981,917, Nigeria 198,786,731, Bangladesh 167,343,032, Russia 143,924,908, Mexico 131,659,652, Japan 126,994,989, Ethiopia 109,023,899, Philippines 107,426,589, Egypt 100,403,614, Vietnam 97,029,764, DR Congo 85,561,094, Turkey 82,516,564, Iran 82,476,324, Germany 82,376,971, and Thailand 69,253,920. Indonesia is the 4th rank country with the 4th largest population in the world with a population reaching 257,912,349 if it is estimated to reach 3.44% of the earth's population. With the development of globalization and the increasing economy and population of the earth. With the development of globalization and the increasing economy and the increasing number of population increases, people migrate to other countries. With the impact of changes in economic cycles in different countries and social mobility and social differentiation as well as social inequality, there will be criminality in each country. Crime is not only economic but also political, social, and also has an impact on state security. With this, immigration must be selective in accepting foreigners to Indonesia, in order to maintain the stability of state security from threats, harassment and external obstacles.

access type Open Access

PERLINDUNGAN HUKUM TERHADAP KORBAN KAWIN KONTRAK PERSPEKTIF HUKUM PIDANA DAN HUKUM ISLAM PERLINDUNGAN HUKUM TERHADAP KORBAN KAWIN KONTRAK PERSPEKTIF HUKUM PIDANA DAN HUKUM ISLAM

Page range: 88-103

Abstract

Perkawinan sebagai suatu keniscayaan fitrah manusia dalam prakteknya tidak hanya dilaksanakan berdasarkan ketentuan hukum yang berlaku, juga banyak bentuk-bentuk nikah kontrak atau istilah dalam masyarakat yang dikenal dengan kawit mut'ah. Permasalahan yang akan diteliti adalah bagaimana praktik kawin kontrak terjadi di masyarakat; apa saja dampak perkawinan kontrak dan bagaimana upaya perlindungan hukum yang dapat dilakukan untuk meminimalisir meluasnya perkawinan kontrak. Metode penelitian yang akan dilakukan adalah yuridis sosiologis, yaitu mengkaji penerapan hukum dalam masyarakat khususnya penerapan hukum penegakan hukum perkawinan dengan modus kawin kontrak, dan dampak kekerasan terhadap tubuh dan kehidupan yang dialami korban serta upaya penegakan hukumnya. Hasil penelitian ini menunjukkan bahwa korban kawin kontrak sebagian besar adalah perempuan dengan status sosial ekonomi dan pendidikan yang rendah, sehingga berdampak pada lemahnya kedudukan mereka di hadapan hukum dan upaya meminimalisir praktik nikah kontrak dengan memberikan sosialisasi, advokasi dan penerapan sanksi kepada pelaku nikah kontrak yang melakukan kekerasan terhadap korban.
access type Open Access

STANDARD CLAUSES IN FUND DEPOSIT AGREEMENTS IN PERSPECTIVE OF UNDANG UNDANG PERLINDUNGAN KONSUMEN

Page range: 104-115

Abstract

The use of standard agreements or standard clauses in economic activities in offering goods or services produced by business actors is a necessity and demand. This is also the case in the operational activities of banks in carrying out their business activities as intermediaries for both depositor and debtor customers. In practice, the use and application of new agreements in the banking world is not without problems. Standard agreements that are applied to customers, especially depositor customers, contain many injustices for depositors that violate the principle of balance. Including violations of a number of provisions stipulated in Article 18 of the Consumer Protection Law, including the presence of an ecosenary clause or exclusion clause, writing or letters that are small so that it is difficult to read or understand their meaning.

access type Open Access

COVID-19 VACCINATION: BETWEEN STATE RESPONSIBILITIES AND COMMUNITY HUMAN RIGHTS

Page range: 116-138

Abstract

The Covid-19 pandemic around the world has preoccupied all countries in the world with various
strategies to overcome and or minimize the spread of the Covid-19 virus. Indonesia promotes Covid-19
vaccination for all Indonesian people as the responsibility of the state to protect and guarantee the health
services of its citizens. Pros and Cons of Covid-19 Vaccination is a challenge for the state in carrying out its
obligations. The Covid-19 vaccination is the responsibility of the state as well as the fulfillment of the
community's human rights to health services and insurance, so that the implementation of the Covid-19
vaccination is required by the state for all citizens in order to protect public health more thoroughly. This
research uses a form of normative legal research by identifying or taking an inventory of legal principles or
principles with the statute approach method, namely examining the provisions of laws and regulations
related to the legal issues to be studied. From the research conducted, vaccination is the responsibility of
the state in order to protect the health of citizens as a human right of the community.