Journal Evidence Of Law

Kewenangan Pemerintah Daerah dalam Pelaksanaan Pengawasan terhadap Perhimpunan Pemilik dan Penghuni Satuan Rumah Susun

2023-08-07T04:01:58+07:00

This study aims to describe the authority of the Regional Government in supervising and controlling the feasibility of building functions and to analyze or describe the imposition of sanctions on building owners who violate the feasibility of building functions based on the results of supervision and control by the government. The type of method in this research is normative legal research, namely research conducted by examining laws and regulations, legal concepts, and legal theory to be applied to a particular problem. The results of this study are to determine the limits of the authority of the Regional Government in supervising the formation of associations of apartment owners and occupants and the imposition of sanctions on the formation of associations of apartment owners and occupants based on the results of supervision flat occupants. In the management of flats, it is necessary to regulate the interests of the owners and occupants through an association of flat owners formed by the flat owners in order to realize the right of every person to meet the needs of a decent life and a safe place to live. life. In this regard, the government's role in terms of supervision is very important as a control in ensuring the formation of associations of apartment owners and tenants.

Mediasi Penal Sebagai Alternatif Penyelesaian Perkara Tindak Pidana Lingkungan Hidup

2023-08-26T15:16:12+07:00

This study aims to determine how the role of penal mediation as an alternative in solving environmental crimes outside the court, as well as to determine the construction of penal mediation as an alternative to solving environmental crime cases. Environmental quality degradation is often the result of human actions that are not commendable. Irresponsible and careless actions of humans who pollute and damage the environment are the most fundamental problems regarding difficulties in environmental management. Enforcement of environmental law by means of criminal law has so far been constrained by difficulties in proving that in the end there has been no resolution in several existing environmental cases. Apart from that, proving environmental crimes with criminal penalties requires high human resources and technology. Therefore, the application of penal mediation in resolving environmental crime cases must be carried out because it is beneficial for the environment and in line with the law that lives and develops in a society that already has a mechanism for settling cases through negotiations or deliberations to reach an agreement. This research method uses normative legal research using a statutory approach. The results of the analysis of this study show that penal mediation is an alternative to solving environmental crime cases that are carried out theoretically and more efficiently. Therefore, penal mediation can be used as an alternative solution to environmental crime cases.

Hak Waris Anak Hasil Surogasi Menurut Peraturan Perundang–Undangan di Indonesia

2023-08-26T07:19:00+07:00

The aim of this research is to find out whether there are women who do not have a uterus or cannot undergo pregnancy due to medical indications and want to have children and what the legal status of inheritance is regarding the surrogate mother. This paper uses a normative method by analyzing and using a legal approach regarding the data sources used, namely secondary data sources consisting of primary legal materials, secondary legal materials and tertiary legal materials (Hadi, 1990). The data collection method uses literature study and review of applicable legal regulations. The data analysis carried out by the author is qualitative analysis. The results of the research show that renting a womb cannot be carried out in Indonesia because it violates Law Number 1 of 1974 concerning marriage, where to obtain legal offspring there must be a marriage bond. This applies if the surrogate woman is a widow or maiden. Womb rental also violates Article 72. Law Number 36 of 2009 concerning Health, the womb rental agreement/agreement from a civil law perspective is considered invalid because it violates the essence of the object of the agreement/agreement. The inheritance status of children resulting from renting a womb in the perspective of Islamic law is that children resulting from renting a womb are classified as illegitimate children who are not recognized or children resulting from adultery, if the surrogate mother has the status of a widow or girl, because in inheritance law which causes inheritance between the heir and the heir, namely there is a kinship and marriage relationship, while a child born to a surrogate mother does not have a marriage relationship.

Diskresi Pemerintah Kota Surabaya Terhadap Pelaksanaan Peraturan Pemerintah Pengganti Undang-undang Nomor 2 Tahun 2022 Tentang Cipta Kerja Untuk Percepatan Perizinan Bangunan

2023-08-29T05:42:09+07:00

This study aims to find out the explanation of discretionary policies related to the implementation of permits in the Surabaya City Government and to find out the legal consequences of discretionary policy strategies in accelerating the implementation of building permits in the City of Surabaya. The discretionary policy was carried out to overcome the stagnation of requirements for business/non-business licensing services and to streamline the administration of government in the City of Surabaya due to the enactment of the work copyright law which has changed building permits to building approvals. This aims to provide legal certainty for the government and also the community in the form of submitting business/non-business licensing services until the suitability of space utilization activities and building approvals can be issued. The writing method used in this research is normative legal research using case studies (case approach). The results of the analysis of this study indicate that the use of discretion by the Surabaya City Government regarding the implementation of Perppu Number 2 of 2022 concerning Job Creation to accelerate building permits or building approvals for building permits has an impact on two sides, namely the local government provides legal certainty in issuing certificates city plans and building approvals. Apart from that, it also provides legal certainty for the community in applying for business/non-business licensing services and vice versa increasing the local revenue of the City of Surabaya through building permit fees or building approvals.

Kajian Yuridis Kekalahan Pemerintah Republik Indonesia Atas Gugatan Uni Eropa Terhadap Penghentian Ekspor Bijih Nikel Pada Sidang WTO

2023-06-14T03:44:45+07:00

The World Trade Organization (WTO) was formed in 1995. The WTO is an intergovernmental organization with the aim of promoting increasingly open trade between nations by reducing or eliminating tariff and non-tariff barriers. Indonesia is one of the members of the WTO. One of Indonesia's flagship products is Nickel. Currently, nickel is in demand as one of the components in the production of lithium-ion batteries. Indonesia is one of the world's largest producers of nickel. Through the mandate of the Mineral and Coal Law No. 4 of 2009 and its implementing regulations, the Indonesian government has imposed a halt on the export of nickel ore. The European Union, as the recipient of these exports, has raised objections and filed a complaint with the WTO. Indonesia faced defeat in the ruling of the case. Consequently, Indonesia has filed an appeal against the loss. Therefore, what are the provisions of International Trade Law regarding the unilateral cessation of Nickel Ore exports by the Indonesian government to the European Union, and how should the Indonesian government address the complaint regarding the restriction on nickel ore exports to the European Union.

Analisis Penerapan Undang-Undang Nomor 25 Tahun 2009 Tentang Pelayanan Publik di Sekretariat Daerah Kabupaten Bolaang Mongondow Utara

2023-06-11T02:27:53+07:00

The purpose of the study was to find out the implementation of Law Number 25 of 2009 concerning Public Services in North Bolaang Monondow Regency. To find out what factors influence the implementation of Law Number 25 of 2009 in North Bolaang Mongondow Regency. In this study the authors used the Empirical research method. the authors conducted direct and structured research. The data analysis used in this research is qualitative analysis. Qualitative data is raw data from the empirical world. Qualitative data is raw data from the empirical world. Qualitative data is in the form of detailed descriptions, direct quotes and case documentation. So the problem is because in providing public services to the community has not implemented minimum standards so that many people feel that they have not received the services they should get. This situation causes the community as recipients or users of public services to be unsatisfied, causing many people to feel dissatisfied, so they are reluctant to take care of everything related to the government bureaucracy. As a result, there are many people who try to take shortcuts by violating existing regulations.

Pemberhentian Tidak Hormat Aparatus Sipil Negara Dalam Kasus Tindak Pidana Korupsi

2023-06-13T15:45:09+07:00

To Analyze the Regulation of Fish Theft and FAD Settlement According to the Provisions of Indonesian Legislation. To Analyze the Criminological Review of the Enforcement of Theft and Damage to FADs.In this study the author, using Empirical research methods. The data sources used in this research are primary and secondary data. The author uses direct observation and interview data collection techniques. In this research, the author analyzes the data using quantitative methods, namely analyzing the data and providing relevant explanations, the problem is discussed further research and analysis is carried out and makes it a conclusion. The problem in Gentuma Subdistrict is that some fishing boats have more FADs than the regulations stipulated in the Regulation of the Minister of Maritime Affairs and Fisheries of the Republic of Indonesia Number 18 of 2021 so that when there is a problem of fish theft, it cannot be processed because the procedure for releasing fishermen's FADs has violated the rules.
Facts have shown that fisheries crime has become a very threatening act to Indonesia's natural resources because it has a detrimental impact on society and the state. This is a threat to the survival of the community and the state because it can damage the environmental ecosystem and also damage the existence of living things in the sea.

Badan Penyelenggara Jaminan Sosial Ketenagakerajaan Berdasarkan Undang-undang Nomor 40 Tahun 2004 Tentang Sistem Jaminan Sosial Nasional

2023-06-11T02:16:46+07:00

The purpose of this study is to determine and analyze the Implementation of Policies Towards the Implementation of the Employment Social Security Program Based on Law Number 40 of 2004 concerning the National Social Security System and to determine and analyze the Form of Application of Administrative Sanctions Against Business Entities or Non-Governmental Institutions That Do Not Run the Employment Social Security Organizing Agency Program. In this study the authors used normative research methods, namely legal research conducted by means of literature review and study of legislation. In this research what is studied is legal events, legal relationships and objects of law. Implementation of Policies on the Implementation of the Employment Social Security Program Based on Law Number 40 of 2004 concerning the National Social Security System, namely the Government, among others, has made implementing regulations of the Act, has also continuously carried out all orders of the legislation. From the implementation of the Law, the labor social security program is a basic protection for workers and their families and can provide legal certainty. However, the practice of charging routine contributions by the BPJS as well as the imposition of sanctions on citizens is what actually denies the main principle of the social security system which should be borne by the state as the principle of the welfare state which is then transferred to the burden of citizens as well as accompanied by sanctions if citizens do not want to register as / participate in insurance organized by BPJS. Thus, it can be said that the Government has not succeeded in implementing the national social security system in realizing community welfare.

Analisis Penyelesaian Kerugian Negara Ditinjau Dalam Perspktif Hukum Pidana

2023-06-10T09:32:50+07:00

This study aims to determine and analyze the process and mechanism for resolving State Financial Losses in the Perspective of Criminal Law and to determine and analyze the application and legal settlement of the findings of the Supreme Audit Agency of the Republic of Indonesia (BPK RI) on the occurrence of state financial losses in state financial management. This research uses library data (library research) to obtain theoretical or doctrinal conceptions, opinions or conceptual thoughts from previous research related to the objects examined in this study which can be in the form of laws and regulations, books, scientific works, papers and other works. The results of the research show that the existence of Article 4 of the PTPK Law as the basis for law enforcement of corruption that harms state finances is to emphasize that when state financial losses have switched or entered the realm of criminal law, the return of financial losses does not eliminate the criminal liability of the perpetrators of corruption that harms state finances and the Supreme Audit Agency Regulation Number 3 of 2007 concerning Procedures for Settling State Losses Against Treasurers starts from handling initial information, which starts with information on state / regional losses then proceeds with the formation of the State Loss Settlement Team (TPKN); then Examination by the Supreme Audit Agency; Settlement through Certificate of Absolute Responsibility (SKTJM); Settlement through Decision Letter of Deadline Determination (SKPBW); and Settlement through Encumbrance Decision Letter (SKP).

Tinjauan Yuridis Proses Alih Status Pegawai Komisi Pemberantasan Korupsi

2023-06-17T13:57:03+07:00

Human rights and democracy are concepts of communion and social relations that were born from the history of human culture. Therefore, the notion of Indonesia being a rule of law is related to the concepts of human rights and democracy, and in fact what governs is the law, not the people. The MPR also established a legal umbrella for human rights with number XVII/MPR/1998. Based on this, a legal regulation was issued, namely Law Number 39 of 1999 concerning Human Rights (UU HAM), which has a vital capacity related to the most common ways of human rights in Indonesia. Recently, there was a case where there was an alleged act that was contrary to human rights, this involved KPK employees carrying out the National Insights Test (TWK) with the aim of changing the status of the previous status only as KPK but had to be transferred as a State Civil Apparatus. (ASN). The transfer of status of KPK Employees to ASN Employees with the TWK method as mandated by Perkom KPK Number 1 of 2021 is not fundamental to the regulations above, namely PP Number 41 of 2020 because the PP does not imply the existence of TWK implementation, and relates to the questions given during the
TWK assessment with the interview method indicates human rights violations as regards the rights that have been violated that have been guaranteed by the 1945 Constitution and the Human Rights Law. With regard to Komnas HAM's authority to carry out investigations, it can only be carried out in cases of Serious Human Rights Violations (Crime of Genocide and Crimes against Humanity) while in cases of transferring the status of KPK employees it does not include Serious Human Rights Violations, as well as regarding the strength of recommendations that are non-binding and do not have sanctions in them, so that Komnas HAM's recommendations are relatively weak.

Kedudukan Jaksa Sebagai Dominus Litis Dalam Melakukan Keadilan Restoratif Terhadap Tindak Pidana Penyalahgunaan Narkotika

2023-06-16T11:02:54+07:00

The aim of this composition is to examine the authority of the Prosecutor in implementing Restorative Justice for those who have committed the crime of drug abuse and are currently being held at the Lamongan District Attorney's Office. Within criminal law, there is a concept known as the Double Track System, which permits perpetrators of drug abuse to either be incarcerated or receive rehabilitation through restorative justice. Additionally, this article elucidates the legal ramifications for the Prosecutor when enacting Restorative Justice for drug abuse offenders. The research method employed in this study is normative legal research, which involves investigating legal rules, principles, and doctrines to address the legal issues at hand. The objective of normative legal research is to provide solutions to current legal problems. Restorative justice was employed by the Lamongan District Attorney when dealing with the narcotics crimes committed by M. Farid, given that the perpetrator was categorized as a non-recidivist user who met all the necessary requirements. As a result, the punishment was focused on rehabilitation, which the perpetrator willingly agreed to undergo without any external pressure.

Pertanggung Jawaban Tindak Pidana Pelaku Pemerkosaan Sesama Jenis (Homoseksual) Dalam Perspektif Hukum Pidana

2023-06-15T13:11:53+07:00

Man was made through God in pairs. Sexual desire arises between the developmentof man and woman. There is always a tendency that sexual intercourse when men and women are currently familiar with each other Some surround it illegally, while others surround it secretly. Very not always cases of sexual offense follow the form of what has been mentioned earlier. Humans sometimes engage in sexual relations with other individuals of the same sex, chances are that they happen to be women with women or men with men. Three different types of every sexual orientation are out there: heterosexual, homosexual, and bisexual. Bisexuals express attraction to both sexes, homosexuals represent attraction to the same sex, and heterosexuals summarize attraction to different sexes. While homosexual men are generally referred to as openly gay and homosexual women as lesbians, those who are heterosexual are also known as heterosexuals. In general,while it is true that homosexuality itself is not recognized as unlawful, the laws of the country do not support gays in a broad sense. A person who is a member of an organized homosexual society has no right to marry or adopt. Law No. 1 of 1974, specifically Article
1, which defines that marriage is limited to a ceremony between a man and a woman, is a law that expressly deals with sexual orientation or gender identity. The only genders allowed under Indonesian law remain male and female. Homosexuality was not a crime until recently. There are no regulations governing homosexuality when it comes tocommitting sexual crimes Homosexuality is an expression of sexual orientation. To attemptto prevent sexual crimes, the public must be educated honestly so that those with gay preferences have the same possibilities as individuals with the opposite sexual sign of hetenosex. And delay stigmatizing homosexuals for committing sexual crimes or systematically discriminating against them.

Legalitas Penerbitan Akta Kelahiran Anak Yang Dilahirkan Dari Perkawinan Yang Tidak Dicatatkan

2023-06-15T08:17:31+07:00

This study aims to analyze the legality of issuing birth certificates for children born out of unregistered marriages, this study uses normative juridical research methods, and uses literature that is relevant to the study of making child birth certificates for unregistered marriages. The main legal basis comes from statutory regulations, and the secondary legal basis is in the form of literature, documents, opinions of legal experts. This is also related to the legality of issuing birth certificates for children born from unregistered marriages. The results of this study are related to the making of birth certificates for children born out of marriage which are not recorded through a Statement of Absolute Responsibility (SPTJM) which refers to Permendagri No. 9 of 2016. Birth certificates for children born without marriage registration that are not listed on the Family Card are only recorded as children of a mother. Through this research, it is hoped that it can provide a better understanding of the legality of issuing
birth certificates for children resulting from marriages that are not legally registered. The results of this research can make an important contribution to the development of more inclusive legal policies and better protection of children's rights.

Perlindungan Hukum Terhadap Warga Negara Indonesia Atas Tuduhan Penyebar Hoax Covid-19 Ditinjau Dari Perspektif Hak Asasi Manusia

2023-06-14T20:05:53+07:00

Information technology plays a crucial role in the modern era. The rapid advancement of information technology has various complex implications for daily human activities. However, despite the positive impact of the increasing number of internet users on human life, there are also negative consequences that can harm individuals, society, and the country. Currently, Indonesia is facing the widespread coronavirus outbreak, with its origin still unknown. This new disease, known as Covid-19, is highly dangerous as it can quickly transmit from one human to another and even through environmental objects. Regarding the dissemination of false information or hoaxes, it is important to address statements made by government officials and elites that tend to downplay or suggest that Indonesia is immune to virus attacks, or the dissemination of baseless information. Such statements contradict the obligation to provide accurate information as stipulated in various regulations, such as Article 154 Jo. 155 of Law no. 36 of 2009 concerning Health. Regrettably, in light of the events observed in this study,
concerns about the spread of hoaxes are not accompanied by efforts to establish reliable and
comprehensive communication and public information channels from the government.

Bentuk Perlindungan Hukum Bagi Wartawan Atas Tindak Kekerasan Fisik dan Non Fisik Dalam Menjalankan Tugas Profesi

2023-06-17T14:30:02+07:00

The purpose of this study is to find out what are the forms of physical and non-physical violence against journalists in carrying out professional duties and also to find out the forms of legal protection for journalists against physical and non-physical acts of violence in carrying out professional duties such as preventive protection and efforts to overcome problems about physical violence experienced by journalists in carrying out their duties. The type used in this study is normative legal research (normative legal reaserch), and uses several approaches, namely the statutory approach (statute approach), conceptual approach (conceptual approach) and. The results of this study show the forms of violence that are often experienced by journalists Where the violence is classified as physical and non-physical violence and there are also several forms of protection of journalists in carrying out their professional duties.

Anak Menjadi Korban Eksploitasi (Perkawinan Paksa) Oleh Orang Tua

2023-07-11T00:13:58+07:00

The situation of children being used as collateral for debts is a common thing due to the inability of parents to pay the debt. This incident is also more common when debt involves loan sharks. This incident certainly requires government oversight. The writing method used is the normative juridical research method. The legal research methodology in question is research based on applicable laws and regulations as well as other documents relevant to the discussion as supporting research material. The research findings show that the Child Welfare Law treats guarantees for children who are subject to debt guarantees as a crime that violates the provisions of Article 76I juncto Article 88 because it is classified as an act of economic exploitation of children. The viewpoint of the Islamic religion is not much different from the provisions of national law. Judging from the agreement, the actions taken by the creditor in accepting children according to Islamic law are inappropriate, because they do not meet the requirements of the kafalah contract. Children are not legal objects because they are not assets that can be mortgaged, nor are they legal objects that can be used as collateral because children do not have legal authority

Melaksanakan Perintah Jabatan Sebagai Alasan Penghapusan Pidana Dalam Perkara Tindak Pidana Korupsi (Studi Putusan Nomor 3849 K/Pid.Sus/2019)

2023-06-26T05:08:30+07:00

Corruption is a disgraceful act aimed at financially benefiting oneself, one's family, or a group, which involves state administrators. Various arguments were put forward by the Defendant in the corruption case so that the judge set an acquittal. One of the reasons is the reason for criminal abolition. In decision Number: 3849 K/Pid.Sus/2019, the convict received an acquittal by the judge and one of the considerations was that the convict carried out an order of office. The lack of standard uniformity regarding carrying out this position order is one of the reasons for the failure of the prosecution of defendants in corruption cases. The results of the study concluded Article 51 paragraph (1) of the Criminal Code is the basis for eliminating criminal liability for an act (justifying reasons) for carrying out a valid position order, while Article 51 paragraph (2) of the Criminal Code is the basis for eliminating criminal responsibility to the perpetrator (forgiveness reasons). in good faith thinks that the order is based on a lawful order within his authority. In Article 2 paragraph (1) and Article 3 of the Corruption Law, a person who has been proven to have committed an act of corruption to benefit himself or another person or a corporation, abuses the authority, opportunity, or means available to him, position or position which can harm or means who has a position or position in the state economy.

Hak Asasi Manusia Bagi Masyarakat Yang Menolak Vaksinansi Covid-19

2023-07-10T05:46:23+07:00

State law rule the people to obay the rules, specialy in Indonesia. As a state who take the community interests on the top, make the state do coercion for some rules for the people. In covid-19 pandemic situation is a hard time for the people because we had epidemic that threaten people's life, but the state give some protection by the obligation to get the covid-19 vaccination to protect the people by the epidemic so they can get normal activity. The law for must get covid-19 vaccinitation is enforced in many public activity so people must to have the covid-19 vaccinitation. Without law, people life did not in a good control, and the goverment want all the people get the best, so the goverment made the rule to supporting people’s good life so they can prottected from the virus in pandemic situation.the rule for people must had the vaccinitation belongs to all people, from the goverment, until the civilian, so they can protect eachother and didn’t get sick about covid-19 pandemic in the world, spescially in Indonesia.

Tanggung Jawab Negara Peluncur Terhadap Pengelolaan Sampah Antariksa Dalam Kerangka Hukum Internasional

2023-10-31T08:32:32+07:00

This research discusses the responsibilities of launching states in the management of space debris within the framework of International law. The advancement of technology has given rise to a new form of technology known as space technology, or commonly referred to as human-made space objects. The presence of these space objects has had a positive impact on human life on Earth, but it has also undeniably created new challenges in the form of environmental changes in outer space due to the accumulation of space debris resulting from space activities. With an increasing number of human-made space objects being launched into space, there is a risk of space debris accumulation in Earth's orbit, potentially threatening the safety and sustainability of space activities. Currently, there is no specific international regulation governing the management of space debris, which can lead to ambiguity in the responsibilities of states regarding space debris management. Therefore, this research employs a normative approach by examining various legal documents related to space activities, with a focus on the Treaty on Principles Governing the Activities of States in the Exploration and Uses of Outer Space, including the Moon and Other Celestial Bodies, 1967 (Outer Space Treaty 1967) and the Convention on International Liability for Damage Caused by Space Objects (Liability Convention 1972). The objective of this research is to determine whether states bear responsibility for the management of space debris.

Tinjauan Yuridis Terkait Gugatan Nomor 284/G/Tf/2023/Ptun Jakarta Atas Peraturan Menteri Perdagangan Nomor 11 Tahun 2022 Dari Perspektif Unsur Keputusan Tata Usaha Negara

2023-10-31T08:47:19+07:00

The release of Minister of Trade Regulation Number 11 of 2022 then invited a lot of controversy and protests, one of which was the emergence of lawsuits from several palm oil companies including PT. Wilmar Nabati Indonesia is famous for producing Sania and Fortune cooking oils which are sold both in supermarkets and markets in Indonesia. The purpose of issuing this regulation is to overcome the phenomenon of scarce oil, because with it the price of oil will become expensive but in terms of quantity it will appear because the price is high due to the HET not being regulated in Minister of Trade Regulation Number 11 of 2022. This research was analyzed using data method techniques. descriptive qualitative with library research data collection techniques on secondary data which is then carried out by reducing and interpreting the data. The aim of this research is to review juridically the lawsuit regarding Minister of Trade Regulation Number 11 of 2022 from the perspective of the elements of state administration decisions. This Minister of Trade Regulation is appropriate to be brought to the Jakarta PTUN (State Administrative Court) by PT. Wilmar Nabati Indonesia as the plaintiff with the Minister of Trade Zulkifli Hasan as the defendant. The Minister of Trade Regulation is not worth challenging because the KTUN has given rise to legal consequences. This is based on Article 53 Paragraph (2) of Law Number 9 of 2004 concerning PTUN which states that the law can be traced through the absence of legal losses. Direct and real losses can be traced if the KTUN in question has a relationship with a person or civil legal entity.