Empirical Law Research Research Articles

Penegakan Hukum Terhadap Tindak Pidana Penelantaran Anak Serta Faktor Penghambat di Kepolisian Resor Kupang Kota

Children are a precious gift from God that is entrusted to parents to be loved and cared for wholeheartedly. A child is someone who is not yet 18 (eighteen) years old, including a child who is still in the womb. Child neglect is the practice of relinquishing responsibility and claims over offspring in an illegal way, this is caused by factors such as economic and social factors, as well as mental illness, among others. A child who is abandoned or abandoned by his parents is called an outcast. Child neglect includes passive torture, which is any state of inadequate attention, whether physical, emotional, or social. The enforcement of criminal sanctions against perpetrators of child neglect must be strictly enforced as in Law Number 35 of 2014 concerning Child Protection. This research is an empirical juridical law research. This study is descriptive and analyzes primary data to determine Law Enforcement against Child Neglect Crimes and Inhibiting Factors in the Kupang City Resort Police. Data collection uses observation, documentation and interview techniques. The results of the study show that (1) Law enforcement against child neglect crimes in the Kupang Kota Resort Police shows a strong commitment to protecting children. However, there are still cases of child neglect due to various factors so that child neglect by parents occurs. (2) Influencing factors include legal and law enforcement factors, economic factors, environmental factors and parental divorce factors that often occur so that cases of child neglect occur.

Legal Protection Of The Employment Relationship Created By The Company Employers With Outsourcing Companies (Outsourcing) According To Government Regulation In Lieu Of Law Number 2 Of 2022 About Job Creation In Medan City

The problem raised in this paper is how the working relationship is made with the form of outsourcing (outsourcing) according to Perppu No. 2 of 2022 on job creation in Medan City, rights and obligations of outsourcing companies based on Perppu No. 2 of 2022 concerning job creation in Medan City, supervision by the Manpower office and sanctions for outsourcing companies that do not implement statutory provisions against workers. The method used in the discussion of the formulation of the problem is normative and empirical juridical law research by examining and analyzing using primary data and secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials. The working relationship between the outsourcing company and the workers/laborers employed is based on PKWT or PKWTT. This means that outsourced workers are linked to employment agreements made with employers based on provisions regarding PKWT or PKWTT. Rights and obligations describe a legal relationship between workers and the company, where both parties are equally bound by a mutually agreed labor agreement. Supervision of the implementation of this regulation is carried out by the Labor Inspectorate known as the Department of Labor. In addition, the Manpower office can also impose administrative sanctions for violations committed by outsourcing companies.

Tanggung Jawab Dinas Perdagangan Kota Kupang Terhadap Pengawasan Dan Penertiban Penjualan Pakaian Bekas Ditinjau Dari Peraturan Menteri Perdagangan Nomor 40 Tahun 2022 Tentang Larangan Impor Pakaian Bekas

This study aims to determine the responsibility of the Kupang City Trade Office for the supervision and control of the sale of used clothes in Kupang City as well as the inhibiting factors for the implementation of the responsibility of the Kupang City Trade Office for the supervision and control of the sale of used clothes in Kupang City. To answer the above problems, this research method uses the Empirical Law research method using primary data and secondary data. The results of the discussion in this study show that, (1) The implementation of the responsibility of the Kupang City Trade Office for the supervision and control of the sale of used clothes The Kupang City Trade Office has never formed a single derivative policy/regulation as a follow-up to the regulation of the Minister of Trade No. 40 of 2022 on the ban on the import of used clothes, coordination between the Trade Office and SATPOL PP which is carried out in measuring the extent of the stages of Supervision and The control of the sale of used clothes has not been effective, the socialization carried out by the Kupang City Trade Office does not cover the possibility that the Kupang City Trade Office still finds business actors who sell used clothes. (2) Factors that hinder the implementation of the responsibility of the Kupang City Trade Office for the supervision and control of the sale of used clothes in Kupang City, namely Human resources owned by Trade Office employees are still not good, The low awareness of traders and consumers towards the applicable law makes business actors continue to sell used clothes even though there are regulations on the prohibition of selling used clothes, Inadequate infrastructure greatly affects the responsibility of the Trade Office in supervising and controlling imported used clothes in Kupang City as well as the culture of shopping for imported clothes, this culture is very popular among people to wear used clothes.

TRANSFORMING CONFLICT RESOLUTION: RESTORATIVE JUSTICE IN LAND DEED REGISTRATION

So far, sometimes victims feel dissatisfied with the results of judges' decisions regarding sanctions for perpetrators. The purpose of this study is to find out the urgency of Restorative Justice against the Office of the Land Act Maker (PPAT) and the completion of the law of the Bureau of the Property Act Makers (PPAT) who performed the clearance of Customs Procurement of Land and Buildings Rights (BPHTB) through restorative Justice. This type of research is empirical law research. This research is done in the City of Makassar, South Sulawesi Province. The data used are primary and secondary data, with field study techniques and library studies. The data collected is then analyzed qualitatively. The results of this study indicate that the Urgency of Restorative Justice, one of which is the restoration of the original situation, can be carried out against PPAT in the event of embezzlement of tax levies from the imposition of Fees on Acquisition of Land and Building Rights (BPHTB) embezzled by PPAT in the process of transferring rights to land and / or buildings, unless there are elements of harming the state or criminal acts of corruption, then Restorative Justice cannot be carried out. Although currently the concept of Restorative Justice has been contained in the settlement of corruption crimes, it is not yet fully implemented, because the settlement still focuses on prison sentences.

Analysis of Factors Causing the Prevalence of Child Marriage in Majene Regency

The fact that child marriages occurred in the territory of Majene district increased the prevalence of child marriages. The method used was normative way. The findings showed that the child, as the golden generation and successor of the nation, has the right to survive, grow and develop, and to participate optimally in accordance with the dignity and dignity of humanity, to be protected from violence and discrimination. Therefore, the study aims to analyze the causes and prevention efforts of the prevalence of child marriage in the district. The type of research used is empirical law research which consists of research into the identification and effectiveness of law. The results of the study showed that there were 20 (twenty) applications for marriage dispensation cases registered with the Majene Religious Court in the period from January to August 2023.

HOW THE LEGAL STANDING OF AMIL ZAKAT TIBAN?

Purpose: The study was conducted to review the legal status of the formation of AZT, analyze the implications of the AZT for the implementation of zakat law in Indonesia, and discuss the contribution of the AzT in the zakat management process, especially during the Covid-19 pandemic. Design/methodology/data analysis: This type of empirical law research combines normative law research by reviewing laws and related literary sources and empirical legal research conducted by field research on several mosques, schools, and Islamic hostel schools in Semarang City. Data is collected through FGD, documentation, observations, and interviews, then analyzed through improvement, description, and interpretation of data. Findings: The research results show that Amil Zakat Tiban's existence is considered valid if no UPZ (Baznas) or Amil Zakat institutions have had permission from the Office of the Ministry of Religion. Based on supplies, Amil Zakat Tiban is an ad hoc agency that collects and distributes the zakat and reports it transparently. Amil Zakat Tiban is implicit in implementing the Zakat law by providing ease for the community in paying the zakat and reducing the workload of BAZNAS and UPZ, which have flexibility of reach. Although the existence of Amil Zakat Tiban is controversial, he contributed to the management of zakat and its equal distribution to the society that did not get the attention of the Philanthropic Institution, especially to the people who suffered dismissal (PHK) at the time of the Covid-19 pandemic. Originality/value: This study fills gaps in research on zakat, especially studies on the existence of private religious institutions formed by communities with strong local wisdom values, let alone many areas that are not accessible by BAZNAS. Practical implications: The existence of Amil Zakat Tiban is very necessary for the community, both muzaki and mustahik in managing zakat funds, especially during the fasting month (Ramadhan) and Idhul Fitr. Even though its presence has not yet received legal legality, people still trust AZT in distributing their zakat funds.

Strategi Bhabinkamtibmas Menanggulangi Tindak Pidana Perjudian Desa Waro di Kecamatan Monta Kabupubaten Bima Nusa Tenggara Barat

The phenomenon of gambling is considered normal by some people, even this act roots and develops just so, when there is no punishment from any law enforcement, it must become a disease that then destroys life. Gambling in the village of Waro involves children and young people, including the elderly. This condition will trigger the occurrence of disorganization and disintegration in the life of the community. This study examines gambling crimes in the village of Waro and also examines the strategies of gambling crime in the town of Monta in the Bima NTB. The method of research is empirical law research, which studies and examines the law in real terms. The data used are primary and secondary data, such as results of interviews, documentation, observations, journals, books, previous research, and official documents. The findings of the research show that, first, the criminal act of gambling in the village of Waro Prefecture in the Monta district of Bima is gambling card remi and gambling ball rolling both when there is a single organ event at night and during the day. Secondly, the Bhabinkamtibmas strategy is to combat gambling crimes in Waro Village by conducting investigative, preventive, and repressive efforts.

Penyelesaian Tindak Pidana Penganiayaan Oleh Kejaksaan Negeri Bone Bolango Melalui Pendekatan Restorative Justice

The existence of criminal cases arises because there are criminal acts handled by law enforcement. Criminal cases always arise whenever there is a criminal process. Criminal acts or crimes are an inseparable part of life in society. The public measures justice not by the word for word formulation of the law, but by what is felt and seen by the decisions issued based on the legal reality witnessed. The aim of this research is to examine the role of prosecutors in resolving cases using a restorative justice approach. To find out the factors that hinder prosecutors in resolving cases using the concept of restorative justice. In this research, researchers used Empirical Law research. And the data feeding technique is carried out using the interview technique. The data obtained by researchers in this study used quantitative and qualitative methods. The results of the research show that the resolution of acts of abuse by the Bone Bolango District Prosecutor's Office through a restorative justice approach has been adopted. The inhibiting factors experienced by the Bone Bolango prosecutor's office were legal factors, human resources, clashes between victims and perpetrators and community culture.

Ganti Kerugian Akibat Pengadaan Tanah untuk Pembangunan Jalan Tol Jambi-Rengat

The purpose of this study is to determine the form of compensation given to landowners and the efforts made to settle compensation due to land acquisition for the construction of the Jambi-Rengat toll road. The problem is: What is the form of compensation given to land owners and How are efforts made to settle compensation due to land acquisition for the construction of the Jambi-Rengat Toll Road. This research uses Empirical Law research method, with primary data from land-owning communities affected by the Jambi-Rengat toll road construction project and secondary data from laws and regulations, books and other literature. The result of this study is: that the compensation received by the community affected by the Jambi-Rengat toll road project was agreed in the form of money, even though the community has agreed to the agreement the amount of money until now has not been given from LMAN (State Asset Management Institution) to the community as land owners. Efforts that can be made to complete the provision of compensation for land acquisition for the construction of the Jambi Rengat toll road refer to Law Number 2 of 2012 concerning Land Acquisition for Development in the Public Interest. This effort can be done through a non-litigation approach, with reference to deliberation to reach an agreement with a fair assessment. After the agreement has been reached, further actions can involve providing compensation budgets from LMAN (State Asset Management Institutions), then continued with the provision of compensation carried out based on applicable legal procedures.

Penerapan Restorative Justice Dalam Kasus Kecelakaan Lalu Lintas Studi Putusan Nomor : 7/Pid.Sus-Anak/2020/Pn Pnj)

This article aims to analyze the concept of restorative justice in the perspective of criminal law in Indonesia, judges' considerations and the application of restorative justice in traffic accident cases. The case that is the focus of the author is the application of restorative justice in solving traffic accident cases in Samarinda City. in decision number 7/Pid.Sus-Children/2020/PN Pnj. The type of research that the authors use in this study is empirical juridical. Empirical law research is an unwritten positive legal research regarding the behavior of community members in social relations. The results of the study state that the concept of restorative justice. The criminal justice system is a system in society for managing crime. Its main aim is to prevent the Consensus agreement from being actually nothing new to Indonesian society. Considering, that children who are in conflict with the law are not miniature adults who must be fully responsible for their actions, but children who commit crimes must have their rights protected, they must be restored to become children of the nation who have a future as the hope of the nation.

Legal Reconstruction of Loan; Consumer Protection Perspective

This study aims to analyze the legal reconstruction of bad credit settlements from the perspective of consumer protection. The problem described above is that the debtor is unable to fulfill his obligation to repay the debt as a customer in the credit agreement, which results in bad credit problems. The research method used in this research is empirical juridical law research. The results of the research on the implementation of credit granted by the debtor are not all the fault of the debtor alone, but there are also external causes that cause bad credit so that the debtor is unable to fulfill his obligations to repay his debt to the creditor, causing the occurrence of what is called bad credit. Considering that collateral is an element of guarantee for granting credit, if based on other elements, it can be obtained confidence in the ability of the debtor to develop his debt, the collateral can only be in the form of goods, projects or collection rights financed with the credit in question. Credit provided by banks to debtor customers is based on trust and must be done carefully because loans always contain risks; there are also problems of default (a state of unpaid debt and a state of stopping paying), not carrying out obligations, violating time limits or not carry out the provisions contained in the credit agreement if this happens the bank will experience a loss.

SETTLEMENT OF DEFAULT IN THE CAR RENTAL AGREEMENT AT PT. SURYADITA 88 TRANSPORT IN BADUNG REGENCY

Car rental businesses are now relatively accessible in Badung Regency. Because Badung Regency is a popular tourist destination, numerous individuals have opened car rental services. In Badung Regency, PT Suryadita 88 Transport is one of companies that offers car rental services. In its operation, PT Suryadita 88 Transport is not exempt from issues involving default-causing factors and efforts to resolve defaults. This study aims to uncover the causes of default in the car rental agreement at PT. Suryadita 88 Transport and potential solutions. This study employs the Empirical Law research technique, which correlates the legal aspects of existing issues with their practical application in society. The applicable legal basis is Article 1548 of the Civil Code, pertaining to Leasing. The results revealed that disputes shall be resolved through litigation if they cannot be resolved through alternative mean.

KESADARAN LINGKUNGAN HIDUP MENUJU INKLUSI SOSIAL MASYARAKAT SADAR HUKUM

Merauke Regent’s Regulation Number 23 of 2019 concerning Reducing the Use of Plastic Bags, is hoped that it can support environmental sustainability in Merauke Regency. However, the regulation on handling transparency has not been fully endorsed by good cooperation from the community and business actors. The purpose of this study is to analyze how the effectiveness of plastic waste control is to support environmental sustainability in Merauke Regency. The research method used is Empirical Law research, in addition to studying the law theoretically or normatively, it also examines the law in its implementation. The results of the research can be stated that the regulations for controlling plastic waste as outlined in the Merauke Regent Regulation Number 23 of 2019 concerning Reducing the Use of Plastic Bags have been complied with and implemented properly by modern shop and supermarket business actors, however this regulation has not been complied with and implemented properly by restaurants/restaurants/cafes/food vendors and traditional markets. The need for socialization and law enforcement against Merauke Regent Regulation Number 23 of 2019 concerning Reducing the Use of Plastic Bags, especially for restaurant/restaurant/cafe/food sellers and traditional market business actors.

Criminal Sanctions for Coral Reef Destroyers Tomia Island Study, Wakatobi Regency

In general, damage to coral reefs in the Tomia Wakatobi area is caused by human activities, including fishing methods using explosives, disposal of plastic waste which causes pollution of the marine environment and other fishing methods that are not environmentally friendly which cause coral damage. This research uses empirical normative law research methods, which are legal research conducted by researching library materials or secondary data, normative legal research is also called doctrinal legal research. Peter Mahmud explained that normative legal research is a process to find a rule of law, legal principles, and legal doctrines in order to answer the legal issues faced. In this type of legal research, law is often conceptualized as what is written in legislation or regulations. The law is conceptualized as a rule or norm which is a benchmark for human behavior that is considered appropriate. The result of this study is that the regulation of sanctions for perpetrators of coral destruction is regulated in laws, including the Republic of Indonesia Law Number 31 of 2004 concerning Fisheries, which is specifically regulated in Article 84 paragraph (1) and Law no. 27 of 2007 concerning the management of coastal areas and small islands, in article 35 letters a, b, c, and d everyone is directly or indirectly prohibited from mining coral reefs that cause damage to coral reef ecosystems, taking coral reefs in conservation areas. The inhibiting factors in preventing coral destruction are the lack of public awareness and lack of supervision.

Restoratif Justice In the Perspective of Customary Law: A Solution to the Settlement of Narcotics Crimes Commited by Children

Restorative Justice is a thought that responds to the development of the criminal justice system by focusing on the needs of the community, where the settlement uses customary law which is something that is very urgent at this time by considering various things besides so that the settlement does not take a long time, but also the parties do not incur large costs and the most important thing is that family relations will remain harmoniously intertwined so as not to leave the problem of "revenge" for their descendants, especially for children who are involved in narcotics crimes, considering that children can become victims of adult behavior. The re-establishment of harmony in social ties of course will maintain public security and order. The method in this research is field research or often called Empirical Law research, namely research that looks directly at the reality in the field, this type of research has the nature and character of showing the gap between the applicable law and the existing reality. One solution that is carried out on the concept of restorative justice is to divert or place the perpetrators of child crimes out of the criminal justice system, meaning that not all cases of juvenile delinquents must be resolved through formal justice, and provide an alternative for settlement with a justice approach in the best interest of for children.

A Renewal Attempt at a Bill in Indonesia’s Criminal Law: A Study of the Development in the Norm of Rejang Customary Law

The inventory of Rejang Customary Law norm, specifically in Bengkulu Tengah regency, in line with the Indonesia’s Law Renewal Policies. All of the way to strengthen the local wisdom, including the case resolution mechanism within National political Law, are all been stated in National Policies, started when it was stated in the Presidential Regulation of the Republic of Indonesia No. 7 Year 2005 concerning the National Medium term development plan (RPJMN) in 2004-2009, which already written to reform the law system and politic in the next five years. Therefore its necessary to conduct research on customary court, especially on customary law in Rejang community whose domiciled in Bengkulu Tengah. Some of the question that needed to be answered in this research is which forms, term, norms and reaction are there that of the Rejang Customary Law that still apply in the communities that occurs in Bengkulu Tengah regency that related to crimes against one’s dignity and life. This research is an empirical law research, which examines the law as a fact and the application of law in the Rejang society in Bengkulu Tengah regency. Regarding to crimes againts the dignity and life of a person, there are several institution of Customary Law norm with respective reaction/sanction, namely Menggomboa, Tekleseng, Tekabeak, Ngabeak, Iram Coa Berdaleak, Cido Celako, Upet, Johong Pemayo, Begaseak, Bangun Kenyayo, Cempalo Tangan, Bangun mayo, Kerineak. While customary reaction to violation of customary norms relating to the dignity and the life of a person are Minai Maaf and or Tentok Kambing, and or Tepunjung, and or kedendo, and or Tepung Tabea (Setawar Sedingin), expulsion, or signing a letter of Peace Agreement.

The Function of Supervision of the Regional Income and Expenditure Budget by the Regional People's Representative Board to Achieve Good Governance in Buton Utara District

The function of the Regional People's Representative Council in overseeing the budget is very necessary in order to realize good governance in the North Buton Regency, but what has happened in the North Buton Regency has not been in the administration of government. the absence of transparency in the use of the budget, the lack of efficiency in the use of the budget, the lack of public participation, the equitable distribution of the use of the budget in the six sub-districts of North Buton reflect injustice. For this research, it is very necessary to realize good and clean governance, namely by implementing good governance in North Buton Regency. to find out and identify the function of monitoring the regional income and expenditure budget by the regional people's representative council to realize good governance in North Buton Regency. The method used in this research is library research and field research. data analysis used in empirical law research. The results of the study expect the realization of good governance in the government of North Buton Regency. Keywords: Supervision, Budget, Goog Governance, DOI: 10.7176/JLPG/122-05 Publication date: July 31 st 2022

THE IMPLEMENTATION OF HEALTH PROTOCOLS ON E-COURT SYSTEMS DURING THE COVID-19 PANDEMIC ERA (In Bandar Lampung City)

The COVID-19 pandemic has significantly impacted both the health sector and the economy, prompting the Indonesian government to issue various policies aimed at prevention and control. However, challenges persist, particularly regarding compliance in certain areas like Bandar Lampung City, Lampung Province. Despite the issuance of Regional Regulation Number 3 of 2020 focusing on the Adaptation of New Habits in Covid-19 Prevention and Control to regulate community obligations regarding the implementation of the 3M Health Protocol in public spaces, the primary issue lies in the lack of discipline among residents of Lampung Province in adhering to these protocols, along with the dynamics surrounding the implementation of e-Court during the pandemic. To address these challenges, it is imperative to evaluate the effectiveness of implementing the 3M Health Protocol to curb the spread of Covid-19 in Bandar Lampung, as well as examine the application of e-Court within the broader legal framework. This research adopts an empirical law research method, employing a problem-based approach supplemented by a behavioral perspective and utilizing primary data from various sources. Initial findings indicate that the implementation of the 3M Health Protocol through Regional Regulation Number 3 of 2020 has yielded relatively effective results in public spaces, as evidenced by a survey of 86 Respondents from Bandar Lampung City. The majority of Respondents (83.5%) reported that public services at the Court had been successfully conducted online, with a smaller portion (16.5%) experiencing limitations in online services via e-Court. Overall, while the implementation of health protocols and e-Court services as part of Covid-19 prevention efforts appears relatively satisfactory, certain obstacles warrant further evaluation and consideration.

Fulfillment of Civil Rights and Children's Freedom in Ternate in the Development of a Child-Friendly City

The existence of children is not only limited to biological and sociological recognition, but it is also critical for the State to formally recognize the existence of a child where they live and stay. It is challenging for children to have a right because they cannot consistently enforce or waive their rights. In contrast, the realization of children's rights is critical in implementing the concept of Child-Friendly Cities. Child-Friendly City is a concept that applies to all communities' and governance, including children, urban and rural. This study was conducted to determine the implementation of the fulfillment of civil rights and children's freedom in Ternate as an indicator of realizing a child-friendly city. Empirical Law research with a conceptual and legal instrument approach was used. The collected data were analyzed descriptively and qualitatively, with conclusions reached using deductive to inductive methods. The findings indicate that the fulfillment of civil rights and children's freedom in several variables has not been fully realized, seen from several examples such as; the low number of children who have access to Child Identity Cards, the formation of children's forums that are not evenly distributed across sub-districts, and the lack of child-friendly information facilities.

Listen Their Voice: The Inspiration of Legal Empirical Research in Medical Law

Listen Their Voice: The Inspiration of Legal Empirical Research in Medical Law