Constitution Article Research Articles

Healthcare Access and Financing: A Legal and Public Health Perspective

The welfare provisions of the current Constitution centre on healthcare. The Indian Constitution's Article 42 declares that the state has an obligation to take all reasonable steps to promote public health. Additionally, Article 47 of the Indian Constitution, another article containing Directive Principles of State Policy, mandates that the state carry out its primary duties to improve public health by raising the standard of living, improving nutrition, and improving public health. In particular, the state must work to outlaw the use of drugs and alcohol, unless prescribed, as these substances are harmful to health. It follows that welfare regulations clearly place an obligation on the state to increase its assistance in promoting the health of those individuals who are unable to pay for the expensive medical care needed to treat their illnesses. In light of the urgency and importance of the issue, the World Health Organisation designated Universal Health Coverage (UHC) as its top goal. Ensuring that everyone has access to necessary health services of adequate quality and is shielded from the financial burden of medical expenses is the goal of universal health coverage. In underdeveloped nations, financial security against medical expenses is just as important as access to healthcare.

Perkembangan Hukum Tata Negara Indonesia dan Implikasinya dalam Dimensi Negara Hukum

The study is entitled The Development of The Indonesian State Law and Its Implications in The Dimension of The Rule of Law. This research begins with the formulation of Article 1 paragraph (3) of UUD 1945 which states that “The State of Indonesia is a state of law”. Described as a rule of law, Indonesia is responsible for always following the law as a means of achieving its goals. The law of the State that regulates the administration, government and institutions of the state is regarded as the foremost guard in achieving the ideals of a country. In its history, the Indonesian Civil Code has passed through many dynamics of all time and has arrived at the present time to dedicate its functions. However, the unavoidable development of the world makes the law including the Law of the State must always adapt to various developments. However, in its implementation the law of the state has always faced with various implications. For that, this study was written with the primary purpose of finding out how the Law of State Order has implicated its development in the modern era in the dimension of the rule of law. In completing his research, this paper uses the method of research of the juridic study with the data collection system of the study of the library.

Penerapan Asas Lex Fravo Reo Dalam Sistem Peradilan Pidana Di Indonesia

This study discusses problems related to the application of the lex fravo reo principle in the criminal justice system in Indonesia which focuses on premeditated detention cases committed by former Kadif Propam Polri. Ferdy Sambo, S.H., S.I.K., M.H against his own aide Brigadier Nofriansyah Yosua at the National Police Service house. This study aims to find out why the principle of lex fravo reo is needed in the criminal justice system in Indonesia and how the principle of lex fravo reo differs in the old Criminal Code and in the new Criminal Code. In this study the author used a normative juridical approach. The results in this study show that the application of the lex favor reo principle is very important in the legal system and criminal justice system in Indonesia because it strives for justice to be given equally to defendants where if there is a change in the substance of the criminal law Then the provisions in favor of the defendant apply. The principle of lex favor reo in the old Criminal Code is actually as affirmed in Article 1 paragraph (2) of the old Criminal Code, which emphasizes that if there is a change in the substance of the criminal law, then what is applied is the rule that is most beneficial to the accused. Furthermore, in the new Criminal Code, the principle of lex favor reo is also formulated in Article 3 juncto Article 618 of the new Criminal Code, which in essence is not much different from the formulation of Article 1 paragraph (2) of the old Criminal Code.

Implementasi Permasalahan Hak Atas Kekayaan Intelektual dalam Perspektif Hukum di Indonesia

The stated purpose of the state is articulated in the Preamble of the 1945 Constitution (UUD 1945), specifically in the fourth paragraph. "Following that, establish an Indonesian State Government that safeguards the entire Indonesian nation and the bloodshed of all Indonesians, promotes the general welfare, educates the populace, and aids in the implementation of a global order founded on independence, lasting peace, and social justice, as delineated in the 1945 Constitution's articles, wherein one facet delineates the condition of a nation's economic development success." As stated in Article 33 of the 1945 Constitution, the following are provisions of the national economy's structure: (2) It is a collaborative effort based on the principle of kinship; (2) The state exercises control over critical sectors of production that have a significant impact on the lives of numerous individuals; (3) It is the state's responsibility to manage the land, water, and natural resources within for the greatest good of the people; and (4) The economic democracy that underpins the organization of the national economy. The Intellectual Property Rights Law of Indonesia governs the implementation, application, and procedure pertaining to intellectual property rights. The Intellectual Property Rights Act is designed to provide additional oversight over an individual's rights to their work and has the potential to apprehend those who commit offenses related to intellectual property rights

Juridical Review of Community Forest Utilization Business Permits (IUPHKm) in the Kibuk HKm Group in Agung Lawangan Subdistrict North Dempo District

The 1945 Constitution in Article 33 mandates that the earth and water and the wealth contained therein are controlled by the state and used as much as possible for the prosperity of the people at large. Therefore, it is necessary to implement sustainable development that is environmentally friendly.The scope of development to be achieved is so broad, it must be implemented in stages and continuously. Development will certainly bring changes in society. With the changes in development and the increasing population, it should be adapted to the use of existing natural resources for the sake of the continuity of life of the community itself, both now and in the future. ¬Kibuk 94 Social Community Forest (HKM) was formed in In 2017 based on the Decree of the Ministry of Environment and Forestry No. 5756/MENLKH-PSKL/PKPS/PSL 0/10/2017 concerning the Granting of Community Forest Utilization Business Permits to Kibuk Farmer Groups Covering an Area of ​​400 (Four Hundred) Hectares in the Protected Forest Area in Ahung Village Lawangan, North Dempo District, Pagar Alam City, South Sumatra ProvinceThe topographic conditions are relatively sloping and undulating with the general soil type being Andosol. The garden area is at an altitude of around - 1,800 meters above sea level with an average annual rainfall of 2,500 mm-3000 mm. The wet season is 10 months and the dry season is 2 months, with air humidity ranging from 60% - 85% with air temperatures ranging from 150C - 260C. The types of plants in the protected area are in the coffee (Arabica) plantation area, Pokat Plants

Prevention of Election Violations on The Money Political Mode Conducted by Candidate Members of the 2024 Legislative

Elections are instruments or means to implement democracy; in fact, many democratic countries make elections as a symbol as well as a benchmark for democracy. Direct general elections by the people are a means of realizing people's sovereignty in order to produce a democratic state government based on Pancasila and the 1945 Constitution. The 1945 Constitution in Article 1 paragraph (2) states that "sovereignty is in the hands of the people and implemented according to the 1945 Constitution." Constitution". Direct, public, free, confidential, honest and fair general elections can be realized if they are carried out by general election organizers who have integrity, professionalism and accountability. In the implementation of elections, the role of political participation is important because citizens have surrendered their right to power to political institutions through elections and must not lose their right to defend themselves against possible abuse of power. This approach method is carried out in order to be able to make changes or changes from various theories in the discipline of law through a scientific process. Normative juridical research is research conducted by examining library materials or primary legal materials. This information can be obtained from laws and regulations and articles. Then it is described and linked so that it can be presented in a more systematic writing, in order to answer the problems that have been formulated. The research specification used in this research is descriptive analytical method by explaining, describing, and correlating legal regulations and theories with the problems that occur. The results of the study show that efforts to prevent election violations related to the money politics mode committed by legislative candidates in 2024 can be carried out through several steps, including the government must strictly enforce the law against money politics violations. Increase public education and awareness about the dangers and negative effects of money politics. Improve oversight of expenditures and campaign funding of candidates for legislative members. Communities must be encouraged to actively report any money politics practices they encounter. Establish a reasonable and realistic maximum limit on campaign spending for legislative candidates. This can help reduce the financial gap between candidates and prevent unhealthy money politics practices. Establish an independent institution tasked with overseeing elections and handling violations related to money politics. Conducting education and training related to ethics and integrity to candidates for legislative members. Keywords: Prevention of Election, Money Political, Legislative

TIKTOK SHOP VS E-COMMERCE VS NEGARA: MENCARI TITIK KESEIMBANGAN DALAM BINGKAI EKONOMI KONSTITUSIONAL

This article aims to understand the concept of e-commerce and find a balance point in the constitutional economic framework regarding the prohibition on social media, TikTok shops merging into e-commerce. This research uses a juridical-nornative approach and is designed to be descriptive. The research results show: The concept of e-commerce is basically a "container" for business people who sell and makes it easier for them to connect with consumers online and carry out their activities practically and efficiently. Transactional procession activities through the world of e-commerce involve two parties, namely business actors and consumers. Tiktok shop since this writing has not met the criteria for e-commerce as mandated by PP Number 80 of 2019. On this side, constitutional economic balance is needed to bridge interaction and connectivity between society, the state and the market. This means that the government must ensure healthy business competition and protection for society as a whole for the products offered specifically in e-commerce activities. considering that production from upstream to downstream is a long economic process. This is in line with the will of the Indonesian state as stated in the economic conception of the constitution in Article 33 of the 1945 Constitution of the Republic of Indonesia which is based on the principles of balance, justice and sustainability.

Application Of Law And Criminal Accountability Against Violent Theft Offenders

The components of the wrongdoing of burglary with brutality are referenced in Article 365 of the Lawbreaker Code which should be met, for example in paragraph (1) "followed by violence to facilitate theft", paragraph (2) 1st "the theft was carried out at night", paragraph (2) 2nd "the theft is committed by two or more people together", paragraph (2) 3rd "by breaking or climbing, using fake keys, fake orders, or fake positions", paragraph ( 2) 4th "theft which caused another person to be seriously injured", paragraph (3) "caused death", paragraph (4) "caused another person to be seriously injured or died which was committed by two or more people together". Application of Law and Criminal Accountability Against Violent Theft Offenders in the Central Java Region. As made sense of in the clarification of the Lawbreaker Code (KUHPidana) in regards to the wrongdoing of robbery, it is recognized by different capabilities, incorporating as specified in Article 365 of the Crook Code, in particular burglary forcibly. Burglary with viciousness is a wrongdoing against property. The savagery committed in the robbery has the motivation behind getting ready or working with burglary or on the other hand assuming got there is a chance for the culprit to escape so the taken thing stays in the possession of the culprit. In law and criminal responsibility to perpetrators of theft with violence in the Central Java region. When analyzed by the formulation of offenses contained in the Criminal Code, the above crimes are included in Article 365 of the Criminal Code. It is because there is no definite understanding in the Criminal Code or other laws regarding what robbery, theft and mugging are, but these three forms of crime fulfill the formulation in Article 365 of the Criminal Code, namely theft by force.

Pendelegasian Wewenang Pembentukan Undang-Undang oleh Undang-Undang

There is an unclear formulation in Article 10 paragraph (1) letter b of Act Number 12 of 2011 as amended by Act Number 15 of 2019, that the act can delegate the authority to form acts. This is contrary to Hans Kelsen's theory, namely legal norms accept delegation from norms that are considered valid or have a higher hierarchy, in other words the legal norms contained in the P3 Act cannot get validity. The purpose of this study is related to the main problem, namely conducting a study to find and analyze the delegation of authority to form Acts by Act. The type of research in this legal research is normative juridical research. Normative legal research or doctrinal legal research uses three problem approaches, namely the legal approach, conceptual approach, and comparative approach with the Netherlands and France. Based on the above thinking, the author uses a normative legal research method. In the discussion the author finds that the Act cannot delegate the authority to form Acts, because it is contrary to the principle of lex superior derogat legi inferiori, in the legal politics of delegating the formation of legislation there is also nothing that explains that this can be enforced. These problems include the delegation of authority to form acts by act, causing many polemics, namely the occurrence of overlapping and disharmony of acts with one another, and the occurrence of over-regulation in the acts and regulations in Indonesia.

POTENSI PENGGUNAAN LENIENCY PROGRAM DALAM PERKARA KARTEL INDONESIA: STUDI PERBANDINGAN LENIENCY JEPANG

The leniency program is a pardon mechanism that allows cartel members to complain to the business competition authorities about cartel operations and receive partial or whole exemption from the penalties and/or fines that should be imposed. In Japan, the Leniency Program is in use. This article's formulation of the problem is how to create a leniency program in Japan based on the Antimonopoly Act and what are the chances of doing so to expose cartels in Indonesia's competition law system. This article offers a normative legal analysis of Indonesia's prospective use of leniency schemes in cartel proceedings. The research is descriptive-analytical in character, and data collecting through literature reviews and interviews, whereas data processing is qualitative. The findings of the research and debate indicate that it is highly likely that Indonesia will implement the leniency program by enacting the bill as the new Business Competition Law. The research's finding is that the leniency program is likely to be implemented in Indonesia by passing the bill as the country's new Business Competition Law because it is comprehensively implemented in Japan, from reporting procedures to sentencing reductions. It is suggested that Law No. 5/1999, whose provisions include a leniency program system, be amended, and that the KPPU then work with the LPSK to offer protection for reporters in the leniency program system.

Integrated Responsibility Due to Mining Activities to Environmental Crisis: Capturing Pers Opinion in Environmental Issues

This article was written so that investors could examine the obligations of the central government, territorial legislatures, financial backers, and the general public as a result of mining exercises during natural disasters. To recognize ecological justice, aggregate awareness must be demonstrated and acknowledged. Additionally, a lack of ecological issues can lead to multi-aspect emergencies like an increase in financial disparities and a decline in environmental quality. Ecological security is mandated by the 1945 Republic of Indonesia Constitution in Article 33 Paragraph 4, which takes into account carrying capacity standards and natural knowledge that is proportional to the people's economy. The methodology of this paper is qualitative. It deals with the legal problems that are happening right now. Green businesses have not yet been fully recognized by specific regulations. As a result, achieving a sense of fairness and legal certainty as a legitimate and desirable development will encourage the region to switch to control, long-term investments as a means of addressing the environmental crisis. It is everyone's responsibility to lessen the negative effects of mining investments in Indonesia, particularly on the environment.

Synchronization of Laws and Regulations Promulgated in the Indonesian Law Country according to the Principles of Establishing Legislation

The stages of forming laws and regulations are mentioned in Article 1 paragraph (1) of Law Number 12 of 2011 which starts from planning, preparation, preparation techniques, formulation, discussion, approval, promulgation, and dissemination. Among the series of processes above, there is a process that is not explicitly stated but has a very important role, namely the process of harmonization. The research method used in this study is a normative juridical research method through literature study which examines primary, secondary and tertiary legal materials. The formulation of Article 1 point 1 of Law Number 12 of 2011 needs to be amended and added a new article formulation regarding the harmonization process at the stage of forming statutory regulations promulgated in state news. Second, the formulation of the new article which regulates the mechanism and procedures for the process of harmonization in the formation of statutory regulations promulgated in the state gazette reads as follows "...Harmonization, unification and consolidation of the conception of the Draft Regulation promulgated in the state gazette is carried out starting at the planning stage , preparation, and discussion coordinated by the institution that organizes government affairs in the field of forming statutory regulations."

Analisis Kasus Ujaran Kebencian Mizan Qudsiah Penghina Makam Keramat Lombok

This research aims to analyze the meaning of “hatred and inter-group relations” as described in Article 28, Section (2) of Indonesia’s Information and Electronic Transactions (ITE) Law, assessing its compliance with Indonesia’s positive legal framework, with a focus on definitional ambiguities and potential for multiple interpretations that impact legal certainty. Using a normative analysis approach, examining related articles and case studies within Indonesian jurisprudence, this study finds that the lack of clarity in the article's formulation leads to varying interpretations, particularly regarding the terms "hatred" and "inter-group." Findings indicate that the article is vulnerable to being used as a tool to silence criticism, thus conflicting with the principles of Lex Certa and Lex Stricta, which mandate precision and clarity in legal drafting. This research contributes by recommending a reformulation of the article to ensure fair legal application and to prevent misuse within the law enforcement process in Indonesia.

Qur’anic Verbalization on the Issue of Religious Freedom in Indonesia

This article aims to understand the verses on religious freedom using method of Verbalization of the Qur’an, which was coined by Muhammad Alwi HS, in the Indonesian context. Based on its initial form and identity, Verbalization of the Qur’an is a method that has a strong foundation in providing an understanding of the Al-Qur’an in a different space and context from the time of revelation, including in Indonesia. As for the verse - The verse studied in this article is QS. Al-Baqarah [2]: 256, Q S. Ali Imran [3]: 64, QS. Al-Qashash [28]: 56, QS. Yunus [10]: 99. The result that is found in this article is that all of these verses prohibit the imposition of coercion on other people to follow a certain religion. Faith is the right of everyone who is blessed by God, as Allah does not make all believers or unbelievers, but allows everyone to choose the faith (religion) they want. In the context of Indonesia, the verbalization of the verses of religious freedom can be found in the form of a national and state constitution, namely based on the 1945 Constitution in article 28E paragraph (1), the 1945 Constitution in article 29 paragraph (2), the first principle of Pancasila "God Almighty", Law no. 39/1999 on Human Rights (HAM), and article 28I of the 1945 Constitution concerning the ratification of the International Covenant on Civil and Political Rights.

Penerapan Program Jaminan Kesehatan Masyarakat Kota Bandar Lampung Berdasarkan Peraturan Walikota Bandar Lampung Nomor 50 Tahun 2018

Abstract Health is an important aspect of human rights as stated in the 1945 Constitution in Article 28 H, stipulating that health is a basic right of every individual and all citizens are entitled to health services, including the poor. The Bandar Lampung City Government in 2018 implemented the Health Insurance Program as regulated in the Bandar Lampung Mayor Regulation Number 50 of 2018 to provide social protection in the health sector.The purpose of this study is to find out how the requirements and procedures for obtaining Regional Health Insurance in Bandar Lampung City are, how to apply the distribution of Regional Health Insurance in Bandar Lampung City, what are the inhibiting and supporting factors for the distribution of Health Insurance in Bandar Lampung City. The research method used in this paper is a normative juridical approach and an empirical juridical approach. Secondary data is data obtained from literature studies, and this approach is supported by three materials, namely primary, secondary and tertiary legal materials.The results of the study are that the requirements and procedures for obtaining Regional Health Insurance in Bandar Lampung City are to bring KTP, KK and SKTM to be verified by the Health Office in order to issue Participant Validity Letters, then the application of Regional Health Insurance distribution in Bandar Lampung City has been running but not maximized, it is proven that more than 50% of patients who seek outpatient and inpatient treatment at the Regional General Hospital in Bandar Lampung City use the Regional Health Insurance, but in its application there are still health services that are not guaranteed by the Bandar Lampung Mayor Regulation Number 50 of 2018, then The inhibiting factor for the distribution of Regional Health Insurance in Bandar Lampung City is the lack of medical facilities used by Health Workers to diagnose diseases, while the supporting factor is the fulfillment of Health Workers who provide health services to the community.Keywords: human rights, health insurance, implementation

Tinjauan Yuridis Tindak Pidana Perdagangan Organ Tubuh Manusia untuk Transplantasi

Technological advances are starting to make great progress in the world of health, especially for some diseases for which a cure has been found. For example, by seeking new treatments by transplanting several organs in the body. However, in practice the method of treatment with human organ transplantation is not easy to do, considering that the available organs are still very few compared to the needs of human organs. This causes the high price of human organs which should not be commercialized and many people take this opportunity to fulfill their financial needs by trading human organs. One of the laws that prohibits organ trafficking is Law Number 21 of 2007 concerning Eradication of the Crime of Trafficking in Persons. The provisions regarding the prohibition are contained in the formulation of Article 2, Article 3, Article 4, Article 5, Article 6, and Article 7 in the law.

LEGAL CONSEQUENCES OF CHILDREN OUTSIDE OF MARRIAGE AFTER CONSTITUTIONAL COURT DECISION NUMBER 46/PUU-VIII/2010

Civil Code, Law Number 1 of 1974 concerning Marriage, and the Compilation of Islamic Law (KHI)is a legal rule that regulates the regulation of children outside of marriage and KHI is specifically for people who are Muslim. Therefore, the Constitutional Court Decision Number 46/PUU-VIII/2010 concerning the position of children out of wedlock is stipulated as a solution so that there is no legal dualism in society. The Constitutional Court's decision was determined when Aisyah Moechtar submitted a judicial review to the Constitution Court about constitutionality of Article 2 paragraph (2) and Article 43 paragraph (1) of Law no. 1 of 1974 concerning Marriage. This happens because of the legal meaning of the phrase "born out of wedlock," so that there are multiple interpretations of the position and legal this consequences. Research method is normative juridical research using statutory approach to then conducted in-depth analysis. With the issuance of the decision of the Constitutional Court, children out of wedlock have a civil relationship with their mother, their father and father's family if it can be proven by science and technology. It should be understood that the illegitimate child referred to in the decision is an illegitimate child resulting from a religiously legal marriage (siri marriage) but is not recorded in state documents and does not apply to illegitimate children resulting from adultery so that the clear legal consequences.

Until Justice Be Done: America's First Civil Rights Movement, from the Revolution to Reconstruction

Until Justice Be Done: America's First Civil Rights Movement, from the Revolution to Reconstruction

Reexamination of Duty of Political Neutrality as Restricted Evidence concerning Freedom of Expression of Public Officials - Using Legislative Examples of Japan and Constitutionality of Article 3 (2) of the State Public Officials Service Regulations as Writing Material -

공무원의 경우, 때로는 정치적 중립유지의무라는 명목으로 때로는 품위유지의무를 이유로 다양한 맥락에서 표현의 자유가 제한된다. 특히 표현의 자유는 정치적 편향성이 짙은 것부터 거의 없는 것까지 다양한 스펙트럼이 있을 수 있지만, 정치적 중립의무가 매개되면 그것이 정치적 기본권의 제한이 문제되는 사례인지 단순히 품위유지의무가 문제되는 사례인지 혼동되어 논의되는 경우가 있다. 즉, 공무원의 표현의 자유 제한과 관련하여 정치적 중립유지의무가 문제되는 사안, 상사비판이나 국가정책 비판과 같이 그 성격의 정치적 활동성 여부가 모호한 사안, 그리고 앞에서 언급한 것들과는 구별되어야 하는, 일반적 표현의 자유와 관련되는 사안까지 다양한 범주가 존재함에도 불구하고 이에 대한 구별 없이 ‘전체의 봉사자로서 공무원의 정치활동은 제한될 수 있다’라는 하나의 잣대로만 ‘공무원의 표현의 자유’가 다루어져 왔고, 본고는 상기의 혼동의 원인을 바로 여기에서 찾고 있다. 이러한 단일한 잣대의 적용이 오늘날 공무원에 대해서는 사실상 투표행위 외의 모든 정치적 표현의 자유를 부정하게 되는 것 같은 결과를 가져왔고, 사실상 사상·양심의 자유까지도 부정하게 되는 것 같은 결과를 가져오게 되었다고 지적하지 않을 수 없다. 이글에서는 유사 입법례를 가진 일본의 경우와 비교하여 이러한 정치적 기본권과 정치적 중립의무의 관계성을 다시 살펴보고, 정무직이 아닌 일반직 공무원에 있어서 정치적 중립의무는 무엇을 의미하는지 그 의의를 되새김으로써, 우리나라의 ‘국가공무원복무규정 제3조 제2항’의 합헌성과 관련한 헌법재판소 판결을 재검토해 보았다. 정치적 중립을 보장받기 위한 헌법조항으로부터 일반직 공무원에 대한 정치적 중립 의무를 도출하는 것을 정당화하기 위한 근거로써 국민의 신뢰확보 및 능률적 공무집행을 해석해 내고 있다. 하지만, 이러한 신뢰확보나 능률적 공무집행의 보장은 헌법과 국가공무원법이 본래적으로 제한을 예정한 정치적 기본권과는 직접적 관련성을 찾기 어렵다. 또한, 이들을 정치적 표현의 자유에 대한 제한 근거로서 적용할 때는 단순히 그러한 법익이 침해될 수 있다는 ‘우려’, 예컨대 국민의 행정에 대한 신용실추의 ‘우려’만으로 제한 근거로 삼아서는 안되고 실제로 직무와 관련하여 어떤 장애가 발생하였는지가 반드시 검토되어야 할 것이다.

Tin Mining Licensing in the Era of Local Government Reform

The dynamics of the legal politics of regulating mineral and coal licensing authorities have undergone significant changes. Initially, the authority was given by law to local governments, and now this authority is taken over by the central government. The purpose of this research is to find out the direction and philosophical basis of the legal politics behind the amendments to the Mineral and Coal Law and its implications for the mining licensing authority. The benefits obtained from research are that some significant changes in mining licensing authority can be identified and the terms and stages. The research method uses normative legal research. The research study results concluded that the centralistic paradigm of granting permits in an integrated manner also marks the shift of regional authority from attribution to delegation authority. Affirming the political direction of mining law is a priority for the central government's authority when several strategic articles have been amended and even eliminated. Amendments to the formulation in Article 4 (mineral and coal control rights) and Article 6 (mining management authority) of the 2020 Mineral and Coal Law show no longer partiality for local governments to allocate mining licensing authority.