- Cempaka Putih, DKI Jakarta Pusat 10510
Jurnal Tahun 2021
Volume 10, No 2
1. The Dynamics Of Ratification Acts Of International Treaty Under Indonesian Legal System
Abstract.
The Ratification Act is a legal product that states Indonesia’s commitment to an international treaty. The constitutionality of these laws has been tested before the Constitutional Court. In its decision, the Constitutional Court stated that the Ratification Acts is the object of judicial review as stipulated in article 24 C paragraph (1) of the 1945 Constitution. Even though there were two differences of opinion in the verdict on the ASEAN Charter Ratification Laws review, namely the Justice: Hamdan Zoelva and Maria Farida. The two judges categorized the Laws on the Ratification of International Treaties, not in the category of laws reviewed by the Constitutional Court. This decision explains the position of the Ratification Law in the Indonesian legal system and its future implications. This paper discusses the position of the Ratification Acts under the Indonesian legal system and the implications that will occur after the future Constitutional Court decisions on the development and relations of national law and international law. This writing uses secondary data and also primary, secondary, and tertiary legal material. This writing found the inconsistency of Indonesia in making ratification acts of International Law. It emerges that implication to the status of ratification acts. Moreover, The Constitutional Court decision tries to clarify ratification acts under the Indonesian legal system.
2. Implementation Of Coruption Criminal Sanctions Againts Country Officers Who Conducted Criminal Act Of Coruption During Covid 19
Abstract.
Corruption has caused damage to various lives of the people, nation, and country. Pandemic Covid 19 is currently increasingly infecting the Indonesian economy. Corruption is one of the causes of the nation’s economic system to decline very rapidly. The purpose of this study is to determine the implementation of criminal sanctions against corruption against unscrupulous state officials who commit criminal acts of corruption during the Covid 19 pandemic. The method used in this study is the Normative Juridical Method. The Corruption Eradication Commission (KPK) will provide stricter penalties for those who commit criminal acts of corruption committed in the midst of the corona covid-19 pandemic. Disaster management is an activity or effort carried out in the context of prevention, mitigation, emergency response and recovery related to disasters carried out before and after a disaster.
3. The Legal Position Of Workers As Preferred Creditors Who Become The Applicant For Bankruptcy Against The Company
Abstract.
This study aims to trace the contradictions of sentencing arrangements in child sexual abuse crimes in Aceh after the enactment of Qanun No. 6 of 2014 with Law No. 35 of 2014 on Child Protection. The regulation of child sexual abuse punishment in jinayat law in Aceh has different interpretations from other laws and regulations, including Law No. 35 of 2014 on Child Protection. So the essence of the deterrent effect for perpetrators that should be part of the goal of criminalization is not so achieved. In addition, Qanun Jinayat also has the potential for impunity for the government with Article 9 and Article 11 Qanun No. 6 of 2014 on the reasons for justification and forgiving reasons. The method used in this paper is a normative juridical method, using secondary data or library data. The study results showed that in Aceh, there had been a dualism of the legal regulation of child sexual abuse. The provisions of qanun jinayat are still many shortcomings in providing protection and rights for children as victims, so law enforcement tends to choose positive laws. It is recommended that the Aceh government to harmonize the law between jinayat law provisions and positive laws relating to sexual harassment.
4. How Can Environmental Dispute Resolution Be Resolved Without Going To Court
Abstract.
To protect environmental pollution and/or damage, the government has issued legislation on environmental protection and management supplemented by Ministerial Regulations. Environmental pollution and/or damage can occur due to natural factors and human actions that result in losses to the country and/or society. Environmental polluters and/or destroyers can be prosecuted in court. Before environmental disputes are transferred to court, environmental disputes are first resolved through mediation conducted by a mediator and settled out of court (non-litigation) in accordance with applicable laws. Mediators or the role of third-party services are free and neutral /impartial.
5. Asean Attitudes Toward Patent Protection Of The Covid-19 Vaccine Versus Humanitarian Interests
Abstract.
The global pandemic of the Covid-19 outbreak has caused problems in various aspects of life. Several countries have invented or made the Covid-19 vaccine. However, there are still many countries that have not been able to find or make the Covid-19 vaccine, including ASEAN countries. This raises questions that are the topic of discussion in this article, namely about ASEAN’s attitude towards 2 different interests between patent protection for the Covid-19 vaccine and humanitarian interests in overcoming the Covid-19 outbreak. Does Patent protection take priority or humanitarian interest take precedence? To discuss this topic, the authors use normative legal research methods based on secondary data or bibliography. The topic was discussed by comparing various legal provisions, both national and international, in order to obtain the main findings stating that patent protection also prioritizes humanitarian interests
6. Dispute Settlement In The Ombudsman And The Court Of Law Regarding Compensation In Public Service Dispute
Abstract.
Public Service is the embodiment of the main tasks of a governance. But in its implementation sometimes it also causes disputes due to losses experienced by community members due to a bad public service. Therefore Law No. 25 of 2009 concerning Public Services regulates dispute resolution in the implementation of public services. At least there are two types of ways to resolve compensation in public service dispute that caused by Tort in the Public Service, namely the Non-Litigation settlement through the Ombudsman, and the Litigation settlement through the Court. However, in further studies it was found that there was an overlap of authority between the Ombudsman and the Court in resolving public service disputes. This paper will try to discuss this in depth in terms of the philosophy of the existence of the Ombudsman, and its implications for its Special Adjudication authority. Aside from that, this paper will also discusses about the procedure of proceedings in the Administrative Court regarding public service disputes.
7. Telemedicine Services Of The Individual Health Rights In New Normal Era
Abstract.
Regarding the right to protect and respect individual rights as stated in positive law in Indonesia, these rights are part of the human rights of every citizen. So that the state is obliged to guarantee the availability and fulfillment of these rights, in order to avoid the threat of abuse and violations by various parties, including state officials themselves. During the Covid-19 pandemic the question is how can the right to individual health be obtained and the state can guarantee it? This research uses sociological normative juridical research by conducting a survey of 531 respondents in Jakarta in March 2020. The results of the study were analyzed qualitatively so that the state has the authority to guarantee telemedicine services as a form of state responsibility in the new normal era according to Regulation of the Minister of Health of the Republic of Indonesia Number 20 2019 concerning the Implementation of Telemedicine Services between Health Service Facilities.
8. Kontradiksi Pengaturan Hukuman Pelaku Pelecehan Seksual Terhadap Anak Di Aceh
Abstrak.
Kajian ini bertujuan untuk menelusuri kontradiksi pengaturan hukuman dalam tindak pidana pelecehan seksual terhadap anak di Aceh pasca diberlakukannya Qanun No. 6 Tahun 2014. Pengaturan hukuman pelecehan seksual terhadap anak dalam hukum jinayat di Aceh mempunyai perbedaan penafsiran dengan peraturan perundang-undangan lainnya termasuk UU No. 35 Tahun 2014 tentang Perlindungan Anak. Sehingga esensi efek jera bagi pelaku yang seharusnya menjadi bagian tujuan pemidanaan tidak begitu tercapai. Selain itu, Qanun Jinayat juga berpotensi untuk terjadinya impunitas bagi pemerintah dengan adanya Pasal 9 dan Pasal 11 Qanun No. 6 Tahun 2014 mengenai alasan pembenaran serta alasan pemaaf. Metode yang digunakan dalam tulisan ini yaitu metode yuridis normatif, dengan menggunakan data sekunder atau data kepustakaan.
Audiobook Jurnal
1. The Dynamics Of Ratification Acts Of International Treaty ...
2. Implementation Of Coruption Criminal Sanctions Againts ...
3. The Legal Position Of Workers As Preferred Creditors Who ...
4. How Can Environmental Dispute Resolution Be Resolved ...
5. Asean Attitudes Toward Patent Protection Of The Covid-19 ...
6. Dispute Settlement In The Ombudsman And The Court Of ...
7.Telemedicine Services Of The Individual Health Rights In New ...
8. Kontradiksi Pengaturan Hukuman Pelaku Pelecehan Seksual ....


