Article 28D Paragraph Research Articles

Indonesian national health policy: Legal analysis of the elimination of mandatory health spending

Pusphose: The elimination of mandatory spending in Law No. 17 of 2023 on Health has sparked controversy, particularly because it contradicts the World Health Organization's recommendation that allocates 5-6% of GDP to health budgeting to facilitate better access to healthcare services. This removal also potentially violates the Indonesian Constitution, which through Article 28E, Article 28H paragraph (2), Article 28D paragraph (3), and Article 34 paragraph (3) guarantees the fulfillment of health rights for vulnerable groups. Method: This study employs a legal dogmatic research method to analyze the constitutionality of eliminating mandatory spending in Law Number 17 of 2023 on Health, as it pertains to the 1945 Constitution of the Republic of Indonesia, using John Rawls' theory of justice as a tool for legal analysis. Result: Law No. 17 of 2023 on Health has eliminated the mandatory spending provision, which previously stipulated a minimum health budget allocation of 5% from the national budget (called APBN) and 10% from the regional budgets (called APBD), as per Law No. 36 of 2009. The new law introduces performance-based budgeting, but it remains unclear how it will be implemented, especially at the regional level. The main criticism is that this potential elimination could reduce health guarantees for vulnerable groups, contradicting the principles of social justice mandated in the Indonesian Constitution. Conclusion: Although the Constitutional Court has rejected a formal review of this law, opportunities still remain for a substantive examination of the real impact of this elimination on the health access of vulnerable groups.

Sovereignty and Human Rights: Examining Sustainable Plantation Enterprises in Indonesia

The Sovereignty Principle in the Plantations Law legalizes dynamics that disproportionately empower plantation companies while disenfranchising indigenous peoples. Under this principle, plantation permits are granted to companies, not indigenous communities, limiting the latter's involvement in mandatory deliberations set by the law. Consequently, indigenous peoples are coerced into relinquishing their lands in exchange for compensation, leading to the erosion of their collective land rights. This practice is at odds with the protections intended under Article 28D Paragraph (1) and Article 28H Paragraph (2) of the 1945 Constitution of Indonesia, which safeguard collective rights to property. The lack of political will to recognize and protect these rights suggests a troubling disregard for the existence and sovereignty of indigenous peoples.

Land Reform Policy in Determining Abandoned Land for Halal Tourism Destination Management Based on Fiqh Siyasah

The government has established a policy of utilizing abandoned land to develop halal tourism. However, the critical question is whether this policy, based on siyasah fiqh, impacts Indonesia's economic development. The research analyzed land reform policies, which determine abandoned land for managing halal tourism destinations based on Fiqh siyasah. This study employed normative legal studies and secondary data. The research indicated that the use of abandoned land for halal tourism development is not grounded in Islamic jurisprudence, and it potentially violates the provisions of Article 27 paragraph (2) and Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia, leading to violations of human rights.

Analisis Kritis Putusan Mahkamah Konstitusi Nomor 90/PUU-XXI/2023 Terhadap Keberlangsungan Demokrasi dan Generasi Muda Indonesia

General elections are an important foothold in the contemporary democratic system. Elections are a tangible form of procedural democracy, although democracy is not the same as elections, but elections are one of the most important aspects of democracy that must also be held democratically. Material test of Article 169 letter q of Law Number 7 of 2017 concerning General Elections against Article 28D of the 1945 Constitution of the Republic of Indonesia to the Constitutional Court. Identification of the problem, namely how to consider the legal pros and cons of the Constitutional Court's decision Number 90/PUU-XXI/2023 and what are the implications of the Constitutional Court's decision on the development of Indonesian democracy. The purpose of the study is to answer the problem identification, namely to find out the legal considerations of the pros and cons of the Constitutional Court's decision Number 90/PUU-XXI/2023 and to find out the implications of the Constitutional Court's decision on the development of Indonesian democracy. The research method used is a normative juridical research method and the nature of this research is descriptive and qualitative. Article 28D paragraph (3) of the 1945 Constitution states that "Every citizen has the right to equal opportunities in government". This must be in line with the theory of distributive justice. The Constitutional Court's decision violates Sapta Karsa Hutama, the Principle of Propriety, the Principle of Non-Partiality, the Principle of Independence, the Principle of Integrity and Courtesy. However, the decision remains valid because the nature of the Constitutional Court's decision is final and binding. As a conclusion in this study, the Constitutional Court Decision is considered in accordance with the principle of distributive justice by adding experience in office as a condition so that it can produce leaders who are more prepared and competent in facing government challenges.

The Influence of the Electoral System on the Implementation of the Representation Function of General Elections

Influence in the election system in the function of representation implemented in Indonesia with the Constitutional Court's decision that it could result in a shift in the right to place the representation of candidates from political parties to the largest number of votes. This study aims to analyze the Effect of the Election System on the Implementation of the Function of Election Representation. The type of research that can be used is juridical-normative with a legal concept approach, namely the Regulation of Laws. As for the results of this study, namely First, the Development of Election System Regulation in Indonesia has undergone various changes and challenges since the country became independent, both with an open proportional election system, namely Law and Regulation Instability, Injustice and Cheating, Transparency and Accountability, and the role of political parties that lack fair political enforcement. Second, the Effect of the Election System on the Implementation of Election Representation Functions in Indonesia is contrary to the concept of people's sovereignty regulated by article 1 paragraph (2), (3), article 6A paragraph (2), article 22 E paragraph (2), (3), and article 28D paragraph (1) of the State of the Republic of Indonesia law. This is because the provisions of Article 1 paragraph (2) of the 1945 Act have emphasized the sovereignty of the people in the hands of the Indonesian people but are carried out according to the method specified by the law, namely by Article 6A paragraph (2), Article 22E paragraph (2) and paragraph (3) of the 1945 Constitution were carried out by political parties through their participation in the election to elect the DPR, DPRD, President and Vice President.

Restorative Justice as an Effort to Fulfill the Constitutional Rights of Citizens

This study aims to determine whether the settlement of criminal cases through restorative justice is an effort to fulfill the constitutional rights of citizens. The method used in this research is normative legal research with a statutory approach and a conceptual approach. The results of the study show that the settlement of cases through restorative justice is an effort to fulfill the constitutional rights of citizens because the principle of resolving cases through restorative justice can be said to be more able to guarantee justice and equality before the law (equality before the law) as regulated in Article 27 paragraph (1), Article 28D paragraph (1) and Article 28I paragraph (2) of the 1945 Constitution of the Republic of Indonesia.

Effectiveness of Legal Aid Services in Joint Property Cases in Marriage at Partner Legal Aid Institutions Madani West Sulawesi

This study aims to analyze the problem of free legal aid for the weak and poor. This provision is regulated in the Legal Aid Law, which is the embodiment of Article 27 paragraph (1) and article 28D paragraph (1) which shows that everyone has an equal position before the law and is entitled to legal protection. The state has juridically arranged in such a way, so that justice can be felt by all levels of society, but the application of the law is still far from justice itself. This research is empirical legal research using a sociological juridical approach, which is an approach that emphasizes research that aims to obtain legal knowledge empirically. The results showed that LBH Mitra Madani as a structural institution, has provided legal assistance in litigation and non-litigation. In addition, LBH Mitra Madani also conducts legal counseling, community organizing, and training in the field of law. However, the obstacle is the absence of financial support from the government, because LBH Mitra Madani has not been accredited. The cases that have been accompanied from 2019 to 2022 amounted to 37 cases, where the cases handled by LBH Mitra Madani were dominated by civil cases. The obstacles of LBH Mitra Madani in providing legal assistance are legal substance and legal structure. By regulation, legal assistance provided by LBH Mitra Madani to the poor should be free. However, in fact, LBH Mitra Madani still collects fees from every client who is given legal assistance, this is because LBH Mitra Madani has not received financial assistance from the Government. In addition to substantial factors that are obstacles to the effectiveness of LBH Mitra Madani in providing legal assistance are legal structure factors, which include law enforcement institutions (police, prosecutors, courts and advocates).

78 Tahun Negara Hukum: Refleksi Atas Upaya Membangun Budaya Hukum Dan Mewujudkan Masyarakat Madani Indonesia

In its initial period of enactment, the 1945 Constitution emphasized that Indonesia was a legal state. This is stated in several provisions therein, namely Article 27 paragraph (1) and the Explanation of the 1945 Constitution. Entering the reform era which resulted in constitutional amendments, provisions regarding the rule of law are contained in Article 1 paragraph (3) and Article 28D paragraph (1) of the 1945 Constitution The task of the rule of law then is to ensure that law enforcement is achieved. Law enforcement is largely determined by legal culture, because the existence of law is largely determined by legal culture in the form of community values, views and attitudes. Meanwhile, the goal of the state as a mandate for independence, as reflected in the fourth paragraph of the Preamble to the 1945 Constitution, aims at an ideal form of society, namely civil society.
 Imbued with the spirit of 78 years of independence of the Republic of Indonesia, this article presents efforts to build a legal culture and create a civil society. To achieve these two efforts, several provisions in Law Number 17 of 2007 concerning the 2005-2025 National Long Term Development Plan can be the main reference.

Judicial Analysis of Violent Crimes (Barelang Police Case Study)

Article 28D paragraph (1) of the Third Amendment to the 1945 Constitution of the Republic of Indonesia affirms that every individual has the right to be recognized, assured protection, and obtain fair legal certainty, as well as equal treatment before the law. The normative juridical research method is descriptive-analytical, conducted by examining literature, legislation, and utilizing legal enforcement theory, Criminal Theory, and Islamic Justice Theory as the issues examined. The research aims to analyze the legal aspects of the implementation of the crime of Robbery with Violence in the verdict number: 344/Pid.B/2019/PN Btm. With the formulation of the problems: How is the legal analysis of the application of the crime of robbery with violence in the criminal case verdict Number: 344/Pid.B/2019/PN Btm, What are the judge's considerations in delivering a verdict on the Crime of Robbery with Violence in the Criminal Case Number: 344/Pid.B/2019/PN Btm. The research findings and discussion indicate that The legal analysis of the application of the crime of Robbery with Violence in the criminal case verdict Number: 344/Pid.B/2019/PN Btm under Article 365 paragraph (1) of the Criminal Code (KUHP) on robbery with violence resulted in a sentence of one year and two months imprisonment with a fine of five thousand rupiahs, which the imposed penalty by the panel of judges was considered too lenient. The maximum criminal penalty under Article 365 of the Criminal Code is nine years. The judge's considerations in delivering a verdict on the Crime of Robbery with Violence involve juridical considerations, where the defendant's actions are proven convincingly and meet all elements in Article 365 paragraph (1) of the Criminal Code. Non-juridical considerations include the absence of factors that could eliminate criminal liability, either as justifying or mitigating factors, thereby holding the defendant accountable for their actions.

Dampak Kewarganegaraan Ganda Bagi Warga Indonesia

In Indonesia, every individual has the right to citizenship status, as regulated in Article 28D Paragraph 4 of the 1945 Constitution which states that "every person has the right to citizenship status." Even though Law Number 12 of 2006 concerning Citizenship of the Republic of Indonesia in principle does not recognize dual citizenship, several legal experts and activists have proposed that Indonesia provide protection for mixed marriage families by implementing the principle of dual citizenship. This article aims to determine the impact of dual citizenship on Indonesian citizens. The research method used is a qualitative approach with library study data analysis techniques. Conceptually, dual citizenship can be interpreted narrowly and broadly. In a narrow sense, dual citizenship refers to the concept of dual citizenship (dual citizenship/nationality) in the status of a person who has two citizenships from two different countries. In a broad sense, dual citizenship is expanded not only to dual citizenship, but also to more than multiple citizenships (plural/multiple citizenship/nationality). In general, dual citizenship can arise due to the application of the principles of citizenship in terms of reciprocal birth (interplay), between the principles of jus sanguinis and jus soli or the naturalization of a citizen of one country to another country.

Fulfillment employment rights for individuals with disabilities in Surabaya

This research is a type of socio-legal research with a qualitative approach that, in collecting data, uses two types of data sources: primary from interviews with informants and secondary obtained from reading book searches and product analysis of applicable laws and regulations related to persons with disabilities. This study aims to determine the extent to which the fulfillment of the right to work for persons with disabilities has been carried out in the City of Surabaya by the City Government through the performance of authorized regional institutions and the underlying legal products. This research is a topic that is quite important and has urgency today because, considering the increasingly rapid current of modernization now, it does not necessarily improve the quality of fulfilling human rights (HAM), especially for people with disabilities, who often receive discrimination from the surrounding environment, especially in the field of work. In the field of work, persons with disabilities have the same rights as non-disabled workers, as explained in the 1945 NRI Constitution Article 28D Paragraph (2). A derivative of the reading of the Article of the Constitution is in Law Number 13 of 2003 concerning Manpower, which also discusses employment rights for persons with disabilities. In the future, Local Regulation to protect disabled persons is needed.

Reconstruction of Free Legal Services Regulations by Notaries

Notaries as public officials appointed by the authorities have the right and authority to make authentic deeds and get paid as a form of professionalism. Notaries are also obliged to provide legal assistance free of charge to people who can't afford it, but sometimes there are notaries who don't apply this. So that the purpose of this study is how to regulate the law on the provision of legal services free of charge by notaries to people who can't afford it and how to reconstruct regulations in the provision of legal services free of charge by notaries to people who can't afford it. The method used in this study uses normative research methods. So, the results of this study are first, the provision of legal services free of charge is mandatory, thus requiring a notary to provide legal services in the notary field free of charge to people who can't afford it. Second, Article 37 Notary Office Law has contradicted the values of justice that have been applied in the context of the 1945 Constitution Article 28D paragraph 2 which states that everyone has the right to get a job and get paid. So, it is necessary that the regulation on the provision of notary services for free can be regulated in implementing regulations and the regulation on the provision of free legal services is revised and reviewed, so that notaries have assistance from the government in the form of a budget to carry out the provision of legal services free of charge.

Islamic Law as An Umbrella of Human Rights in The Loss of Social Welfare Rights of Pedicab Drivers towards The Existence of Online Transportation

With change mode transportation become online transportation, the result in low enthusiasts’ transportation conventional yet digitally based pedicab driver in a few areas. This resulted hurt their right human on pedicab drivers and no its implementation justice social on the precepts fifth Pancasila. The method in this research is descriptive qualitative method with using a systematic technique literature review. Existence pedicab drivers that lost it source income because presence mode online transportation, that is case hurt their right in fulfillment worker's welfare pedicab drivers and necessary exists breakthroughs, modifications, and renewals will be existing policies and regulations from to fit with phenomenon social happenings. It has confirmed in Article 27 Paragraph 2, Article 28 A, Article 28C paragraph (1), and Article 28D paragraph (1) of the 1945 Constitution, Surah As- Syuara verse 183 and Surah Al- Qashash Verse 77 as base changes and reminders about must followed and made policy new orgive protection rights attached to the pedicab drivers for the sake of achieving it fairness, usefulness, and certainty law.

VERIFICATION OF POLITICAL PARTIES PARTICIPATING IN GENERAL ELECTIONS BEFORE AND AFTER THE DECISIONS OF THE CONSTITUTIONAL COURT

Political parties are the political superstructure of a democratic country, namely as a means for citizens to occupy political positions through general elections. The requirements for passing verification as election participants by the General Elections Commission must be met by political parties contained in the election law, by making it harder for political parties to pass verification as well as exceptions for several political parties that have met certain verification requirements so that they are immediately designated as participants to next elections. The exception is not in accordance with Article 27 paragraph (1), Article 28D paragraph (1) and Article 28D paragraph (3) of the 1945 Constitution as unconstitutional through several decisions of the Constitutional Court. The purpose of this study is to determine the conditions for passing the verification of political parties participating in the General Election before and after the Constitutional Court Decision, and analyze the considerations of the Constitutional Court judges regarding the requirements to pass the verification of political parties participating in the General Election based on the principle of equal treatment before the law, using a normative approach. It can be concluded that the considerations of the Constitutional Court regarding the verification requirements of political parties participating in the general election are inconsistent because the material test of the 1945 Constitution used are different and there is not required for the Constitutional Court to use jurisprudence as a basis for consideration even though there are similarities in substance.

LEGAL PROTECTION OF INDIGENOUS INSTITUTIONS IN THE FRAME OF THE RULE OF LAW (LEGAL PROTECTION THEORY)

This normative legal research conducted using statutory regulations examined several regulation regarding the protection of indigenous institutions that included Article 18b paragraph 2 of the 1945 Constitution, 18B paragraph (2), Article 28D paragraph (1), Article 28G paragraph (1), and Article 28I paragraph (3), and the organic regulations under them. The results of the study show that Indonesia as a State is obliged to protect the natural rights of humans themselves, namely customary law communities based on the Decision of the constitutional court no. 35/puu/ix/2012 referred to as customary rights in both private law and public law. John Locke's theory of protection provides legal protection for rechtgemeschappen, which needs further juridical and sociological review. Futhermore, customary institutional protection norms in Indonesia need to be adhusted by carrying out a legal review (reviewing) of legal regulations and Article 18b, Paragraph 2 of the 1945 Constitution, Article 6 of Law Number 39 of 1999 concerning human rights, Constitutional Court Decision Number 35/puu-ix/2012 Ministerial Regulation of the Ministry of Home Affairs Number 52 of 2014 concerning the recognition and protection of customary law communities, and Circular Letter Number 3/se/iv/2014 regarding the determination of the existence of Masyarakat Hukum Adat and ulayat lands.

KONSISTENSI PENERAPAN SANKSI PIDANA TERHADAP PELAKU PENISTA AGAMA DI INDONESIA

The Indonesian constitution, namely the 1945 Constitution, is one of the instruments of human rights fulfillment, namely regulating the protection of religious freedom in Indonesia as stated in Article 27 paragraph (1), Article 28D paragraph (1), Article 28e, article 28i paragraph (1) and (2), Article 29 paragraph (2). In order to maintain the relationship between religious freedom and public order, the state makes restrictions on actions that are considered blasphemous or insulting to other religions that can trigger conflicts in public life. In this study raised two problems, namely how the consistency of the application of criminal sanctions against perpetrators of blasphemy in Indonesia ? and What is the form of updating the Criminal Code in realizing the consistency of the application of sanctions against perpetrators of religious blasphemy in Indonesia? The Theory of deferential Association by Edwin H. Sutherland and Emile Durkheim's theory of Anatomy. The method used is a normative juridical research method that begins the collection of legal materials carried out by identifying and inventorying positive legal rules, researching library materials (books, scientific journals, research reports), and other sources of legal materials relevant to the legal issues under study. The result of this study is that the consistency of the application of criminal sanctions against perpetrators of blasphemy in Indonesia. Has not been consistent and the Criminal Code (KUHP) relating to blasphemy needs to be renewed.

Sintegritas Advokat di Indonesia Dalam Pemberian bantuan Hukum secara Cuma-Cuma (Prodeo)


 In carrying out their responsibilities, advocates must be honest, have a strong character, and of course have high intelligence. In addition, advocates must have determination because that is even more important than their skills or vision for the cause. anybody. As a result, Article 28D paragraph (1) of the 1945 Constitution stipulates that "everything related to the protection of dignity is further regulated". Everyone has the right to be recognized, protected, to receive fair legal certainty and to be treated equally before the law. In accordance with human dignity, Article 34 paragraph 2 of the 1945 Constitution states that the state creates a social security system for all people and empowers the weak and incapable. Laws and regulations are based on the 1945 Constitution, one of which is Law Number 16 of 2011 concerning Legal Aid. In accordance with Law no. 16 of 2011, the idea that the state is responsible for providing legal assistance to the poor as a means of ensuring access to justice is the basis for consideration for passing this law.
 Keywords: Advocate, Sintergrity, Prodeo

JKP Concept in Minister of Labor Regulations Number 4 of 2022 in ILO Perspective and Justice in Law

Minister of Labor Regulations Number 4 of 2022 on the Procedure and Terms of Payment of Old-Age Security Benefits. The purpose of this study is to get an answer from the concept of JKP in Minister of Labor Regulations No. 4 of 2022 on the Procedure and Terms of Payment of Old-Age Security Benefits. This study is included in legal research to find answers to the rules of JKP is in accordance with the convention of the International Labour Organization (ILO) number 102 of 1952 minimum standards of Social Security, the basis for the inclusion of JKP program in order to provide a sense of justice and fulfillment of Social Security for workers. This research uses normative juridical method with case Statute Approach and conceptual approach. The source of research data is in the form of primary legal materials related to the discussion, secondary legal materials are all publications on law that are not official documents and tertiary legal materials are non-legal materials derived from dictionaries, exopedia and magazines. In this case, the JKP rules should be in accordance with the general principles of good governance (AUPB) as mandated in Article 10 of Law No. 30 of 2014 concerning government administration, namely legal certainty, expediency, impartiality, accuracy, not abusing authority, openness, public interest and good service. the job loss Guarantee program in the above law also provides opportunities for workers who are laid off or who resign from work to get another job through a job training development program so that they can get a better and decent job. Of course, this is in accordance with the concept of justice in law, especially in protecting the Justice of the right to work and a decent livelihood and fulfilling the ius Constituendum of the mandate of Article 28D paragraph (2) of the 1945 Constitution.

PERANAN LEMBAGA BANTUAN HUKUM DALAM MEMBERIKAN BANTUAN HUKUM KEPADA MASYARAKAT TIDAK MAMPU DITINJAU DARI PUTUSAN MAHKAMAH AGUNG NOMOR 1 TAHUN 2014

Indonesia is a state of law. This is in line with the provisions of Article 1 paragraph (3) of the 1945 Constitution of the Unitary State of the Republic of Indonesia which reads that the State of Indonesia is a state of law. Then in article 27 paragraph (1) of the 1945 Constitution of the Republic of Indonesia, it reads "all citizens have the same position in law and government and are obliged to uphold the law and government without exception". Likewise, it is also explained in Article 28D paragraph (1) of the 1945 Constitution which reads that every citizen has the right to recognition, guarantee, protection and fair legal certainty and equal treatment before the law. Therefore, the constitution guarantees that every citizen who stumbles upon a legal case has the right to obtain guarantees and legal assistance from the state. The problems in this study are (1) What is the role of LBH in providing legal aid to underprivileged communities? (2) What is the role of legal aid institutions (LBH) in providing legal assistance to underprivileged communities in accordance with the decision of the Supreme Court (MA) number 1 of 2014?. The objectives of this research are: (1) Knowing how the role of legal aid institutions (LBH) in providing legal aid to underprivileged communities is? (2) Knowing what is the role of legal aid institutions (LBH) in providing legal assistance to underprivileged communities with the decision of the Supreme Court (MA) Number 1 of 2014?. The research location is at POSBAKUMADIN Baubau City.
 Based on the formulation of the problem, objectives, benefits and research methods used, the authors conclude that the role of LBH in this case POSBAKUMADIN Baubau City has not been effectively implemented for the people of Baubau City, this is due to the lack of public knowledge about free legal aid and the absence of assistance from the public. Baubau city government in this case the special APBD budgeting for free legal aid for the poor.

Prinsip Isonomi di Indonesia: Filosofi, Makna, dan Perbandingan

The regulation of the principle of isonomy in Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia and its derivative laws without an explanation of its meaning has implications for misunderstanding what it means. This study seeks answers to the philosophical question and the meaning of the isonomy principle and compares it with the isonomy principle in English law which is based on the rule of law. Using theoretical research, three answers were obtained. The social contract which contains an agreement on the surrender of natural rights to enforce law by individuals to the state and places individuals in the same position and treatment in law enforcement by the state becomes a philosophy of isonomy principles. The principle of isonomy in Indonesia is based on distributive justice where equal treatment before the law means proportionality with regard to people's class, position, achievements, and functions of people in the social order. In English law, the principle of isonomy is based on commutative justice where all people regardless of class, position, social status or function, they are under the same law and justice.