Law Policy Research Articles

Kajian Hukum Hindu Dan Hukum Humaniter Internasional Tentang Perlindungan Pihak Medis Dalam Konflik Bersenjata

The protection of medical personnel in armed conflict is often neglected. All countries in the world must pay attention to this by establishing international humanitarian law. Protection policies for medical personnel in war should reflect the values of past religious teachings, one of which is in the Hindu books Arthasastra and Bharatayuda, some of which reflect humanitarian missions. The purpose of this research is to demonstrate the concept of protection for medical personnel in situations of armed conflict in international humanitarian law policy and to analyze the virtues in the Book of Arthasasta and the Bharatayuda war epic. The method uses normative research with a legal and historical regulatory approach which is analyzed descriptively. The research results show that the role of medical personnel in armed conflict situations is very important, guided by international charters. In the Hindu Law Book Arthasasta states that the protection of medical personnel in conflict situations is the responsibility of the king or policy maker to provide a safe place, so that they can carry out their duties well. In the Bharatayuda epic, it is also told that Nakula and Sahadeva were protected by enemy troops to provide treatment to the injured Karna. The values contained in the teachings of Hinduism are one of the philosophies of protection for medical personnel in the current situation of armed conflict. These values are then championed in international humanitarian law policies regarding the importance of protecting the weak and those who carry out humanitarian missions.

CRIMINAL LAW POLICY IN BLASPHEMY ENFORCEMENT BASED ON RESTORATIVE JUSTICE

Policies for resolving religious blasphemy in Indonesia are regulated in Law Number 1/PNPS/1965 concerning the Prevention of Blasphemy of Religion and Article 156a of the Criminal Code. Sentences are often repressive and do not fulfill the value of justice. The formulation of the problem in this article is: what is the criminal law policy in the settlement of blasphemy and what kind of settlement model is chosen to handle the case. This research method is normative legal research with a statutory approach based on primary legal materials. The research results show that the imposition of punishment is the main solution. Meanwhile, the model chosen in the resolution of defamation of freedom of expression according to the concept of restorative justice uses an integrated approach that tries to implement penal and non-penal efforts simultaneously to fulfill justice for the perpetrators of defamation, including involving the role of the community through the Religious Communication Forum (FKUB). Suggestions that need to be conveyed are that criminal law policies are still being implemented, but harsh criminal sanctions are softened by using the concept of restorative justice, bearing in mind that not every case of blasphemy deserves a harsh sentence.

Криминализация и декриминализация как инструменты социального контроля за лицами, совершившими преступление

Annotation: The relevanceof the research topic is determined by the complexities of modern trends in criminalization (decriminalization) within the framework of the emerging criminal law policy.
 Generalization of the approaches formed in the doctrine (and the positions of the authors) to the ongoing changes in the Criminal Code of the Russian Federation, expressed in the increase in the number of criminal
 law prohibitions and law enforcement practice, demonstrates the qualitative changes in the emerging prohibitions in relation to the designs of the relevant offences, sanctions, as well as the actually developing law enforcement practice in this area.
 The object ofthe study is social relations linking criminalization processes with the stage of the implementation of criminal punishment and other measures of criminal law nature and further individualized crime prevention.
 The aim of the study was to define the mechanism of criminalization (decriminalization) not only within the framework of criminal law prohibitions, but of further law enforcement practice as well.
 As a result of the study, the author states that there is a correlation between the trend towards the increase in the number of criminal law prohibitions with the simultaneous introduction of instruments to reduce the punitive potential of sanctions contained in the Criminal Code of the Russian Federation, as well as the practical reduction in the use of repressive measures. The partial use of measures of social control over the behavior of convicts as an instrument of private prevention is noted and the need to expand such means and their specification based on the characteristics of the crime committed and the personality traits of the criminal is pointed out.
 The findings can be used in the legislative process, as well as law enforcement practice when assigning and executing punishment and other criminal law measures.

ENVIRONMENTAL AND SOCIAL INJUSTICE: IMPACT AND SUSTAINABILITY OF SMALL SCALE TIN MINING UNDER INDONESIA’S NEW MINERAL AND COAL REGULATION

The transformation of mining law policy in Law No. 3 of 2020 concerning Minerals and Coal has broad implications for mining law, including illegal tin mining. The high dependence of the tin extractive economy in Bangka Belitung has changed the landscape of this archipelago province as an area with a high level of natural damage and social disasters. The ability of governments through regulatory instruments to tackle illegal mining is an important ideal goal. This research was conducted using socio-legal methods, to produce a comprehensive analysis related to the environmental and social impacts of illegal tin mining after the renewal of the mineral and coal law. This study found that the transition of mining authority from the central government to the regional government directly has an impact on the proliferation of illegal mining activities. Substantive changes in the mineral and coal law have not provided a strategic solution because the tug-of-war over authority ends with the continued delegation of authority to grant community mining permits to local governments. Meanwhile, the unpreparedness of local governments has resulted in the continued marginalization of mining communities and has an impact on widespread environmental damage. The lack of fair decision-making processes for people mining licences is indicative of an immature tin mining management in Bangka Belitung. The purpose of this study is to provide a comprehensive overview of the implications of the latest mineral and coal policies on illegal tin mining activities, as a reference and consideration in strategic policy making to create an ideal and sustainable tin mining ecosystem.

Legal Age for Marriage: SDGs and Maslahah Perspectives in Legal Policy Change in Indonesia

This research aims to identify the impact of the change in legal policy on the protection of human rights and gender equality. This research analyzes the relationship between the aspects influencing legal changes regarding the legal age of marriage in Indonesia from a gender perspective and the SDGs. This study employed a qualitative approach that is based on library research to identify the impact of changes in legal policy. This study also used a juridical approach to capture an overview of Indonesian family law policies as stipulated in the Law Number 16 of 2019 with maslahah theory and Philipus M. Hadjon’s theory of legal protection as the analytical framework. The research results: First, it was found that the issue of the minimum legal age of marriage is part of the legal discovery area, which resulted in the emergence of Law Number 16 of 2019. Second, the gender movement in Indonesia has played a significant role in changing the paradigm of family law towards a more progressive view and a more protective to women’s rights. The integration of Hadjon’s theory of legal protection strengthens the analysis of the impact of changing legal policies on individual rights and gender equality.

Government policy in Indonesian contract law that still uses contract law inherited from Dutch product

PurposeThis research is very important to conduct to review government policy on Indonesian contract law that still uses contract law inherited from Dutch product (BW) and review which regulations are to be adapted to current development of contract law. This research’s novelty is that new rules will be found in Indonesian contract law.Design/methodology/approachThis research used normative and empirical methods. Normative research is dogmatic research or one that analyzes legislation using secondary data consisting of primary, secondary and tertiary legal materials. Besides the normative method, the research was also conducted using empirical method through direct interview and observation in some government agencies, such as the Directorate General of Legislation, Ministry of Law and Human Rights (HAM) and Chairman of Legal Product Formation Division, House of People’s Representatives of the Republic of Indonesia and the Civil Law Teaching Association (APHK).FindingsThis research found that new Indonesian contract law is very important to give legal certainty and justice to the people, and the contract law must regulate important matters related to the sources of contract besides agreement and law, related to termination, unjust enrichment, negotiation, good faith, public contract and private contract and related to legal act and validity of electronic contract.Research limitations/implicationsThe novelty of this research is that new rules will be found in Indonesian contract law. This research is different from previous researches conducted by Sigit Irianto (2013) and Deviana Yuanitasari (2020), that discuss only on contract law development related only to the good faith principle.Practical implicationsDrafting contract law is a relatively heavy duty due to the factor of law pluralism that contains contract aspect in Indonesia such as customary law aspect, Islamic law aspect, regional aspect, international aspect and other aspects. In fact, meanwhile, there is rapid development in the community with regard to business transactions that are also followed with contract law development. Therefore, amendment is needed for the Indonesian contract law to adapt to the people’s need for law, and this change agenda is also addressed to updating the contract law.Social implicationsCivil law reform, especially contract law, is deemed very important for Indonesia, because based on field fact, people do their business contract by applying contract law that is not yet regulated in the contract law in KUHPerdata; thus, new contract law is needed that regulates important matters related to sources other than agreement and law.Originality/valueIt is very important to conduct this research to review government policy in Indonesian contract law that still uses the contract law inherited from Dutch product (BW) and review what regulations should have been adjusted to current development of contract law. The novelty of this research is that new rules will be found in Indonesian contract law. This research is different from previous researches conducted by Sigit Irianto (2013) and Deviana Yuanitasari (2020), that discuss only on contract law development related only to the good faith principle.

REFORMASI HUKUM PIDANA: SUATU KAJIAN YURIDIS TERHADAP PEMBUKTIAN TINDAK PIDANA SANTET DALAM KUHP BARU

The purpose of this study is to clarify the concept of witchcraft crimes in Indonesia's positive law and the method of proving witchcraft crimes in Indonesia's criminal law reform. The research method used in this study is the normative legal research method, which is derived from the legal literature and is also referred to as doctrinal legal research. Examining the problem of witchcraft means examining a deeper legal issue: how the criminal law policy regarding the criminal act of witchcraft proves that witchcraft is a supernatural act. A formal and rational legal system only tries to capture external actions that can be known empirically and their cause-and-effect relationships proven. In the provisions of the Old Criminal Code in Indonesia, the criminalization of acts of black magic can be seen in Articles 545 to 547. Subsequently, there was a criminal law reform where the regulation of black magic offenses was located in Article 252, the proof of which was only based on the confession of the perpetrator of a criminal act who used supernatural powers. It is predicted that the application of the black magic offense will not be effective in the criminal justice process because it needs to be seen from the perspective of the effectiveness of the legal substance, where the evidence must be reasonable (logical) and acceptable to the five senses in order to find a bright spot in the commission of the black magic crime.

PROBLEMATICS OF CHANGES IN MINING AND BANK PROVISIONS IN MINING LICENSING AUTHORITY

Problems with changing the policy of the Coal Mineral Law, regarding changes to permits, have resulted in some disharmony between the regional government and the central government. This writing was carried out with a focus on writing regarding mining licensing authority with reference to the Minerba Law with Law Number 3 of 2020. The purpose of this research is to evaluate the disharmony of minerba mining licensing policies by the central government towards regional governments. The method used in this research is normative juridical. In conducting research, the author obtains information by digging, finding out and finding a legal principle, rule of law, and legal doctrine which will be used in the future to answer several existing legal issues. The problem with changing policies regarding mining permits is because there are several substantive articles in the law which have logical consequences for the regional autonomy management sector. The takeover of mining licensing affairs by the central government "Centralization" has consequences, namely the reduced function of the state's right to control over the mineral and coal mining sector in regional governments, both provincial and district/city. The centralization carried out by the government is a way of simplifying mining business licensing, so that in this case the central government aims to make policies regarding management and licensing easier

Actual problems of the criminal and legal policy of Ukraine in the conditions of war

Scientific research in the field of criminal and legal counteraction to corruption should be aimed at achieving such a result as minimizing the causes and conditions of corruption and corruption-related offenses, reducing their destructive impact on the already weakened economy, as well as the welfare of the Ukrainian population, the inevitability of being drawn to criminal liability of all persons involved in corruption. The norms on collaborationism, which were adopted in a hurry, have already been criticized by domestic scientists and need improvement. After the de-occupation of all our territories, it is impossible to allow unjustified prosecution of Ukrainian citizens who did not participate in collaborative activities. After the victory in this war, Ukraine, as a victim of the most brutal crime of aggression by Russia in the 21st century, having already some experience in countering the commission of international crimes and their investigation, should initiate the creation of the Code of International Crimes. Protection of victims from crimes is an actual area of criminal law policy. Despite the fact that the term «victim» is used by other sciences of the legal cycle, its meaning is directly related to criminal law. In recent years, the issue of classifying the victim as a subject of material criminal law relations has been actively discussed. Current problems of the criminal law policy of Ukraine, the most important in the conditions of war, can be divided into three groups. The first is the traditionally priority areas that only increased their relevance during the war (fighting corruption, terrorism, organized crime, etc.). The criminal law protection against corruption in all spheres, primarily in the sphere of defense, is the important factor that will contribute to the victory of our state over Russia. The most recent are directions that became relevant during the war (combating international and military criminal offenses, crimes against the foundations of national security (against the state), expanding the list of circumstances that exclude the criminal illegality of an act). The concept of self-defense as legitimate defense comes from domestic law, primarily criminal law. Necessary defense against the actions of an aggressor should be considered as legitimate socially beneficial violence. The predicted directions, which are actualized during the period of post-war reconstruction of the state, are countermeasures against the increase in the level of violent crime, suicides, and crimes related to the use of weapons. Key words: criminal law policy, counteraction, corruption, organized crime, violence, necessary defense, fair justice, international crime, war crime, crimes against the foundations of national security of Ukraine, criminal organization, terrorism, collaborationism, state security, victim.

Criminal law policy in the field of fair competition protection and competition policy: correlation and problems of interdependence

The subject of the study is the criminal law policy in the field of fair competition protection and competition policy, certain aspects of their correlation and problems of implementation, including the state of legislation and law enforcement. The purpose of the work is to identify the problems of interdependence of regulatory, protective, including repressive directions of state policy in the field of competition protection and to identify ways to solve them. The research methodology is based on general scientific and private scientific methods of cognition - system analysis, logical, comparative, formal dogmatic, historical and legal methods, statistical methods, questionnaires, legal forecasting. The work resulted in conclusions on the interdependence of competition and criminal law policy in the field of competition protection, proposals for improving the diversified mechanism for countering encroachments on fair competition. Scope of application of the results: legislative, scientific, educational activities. The novelty of the study is: 1) in the features of the conducted analysis of the statistics of anticompetitive violations, which is based on the author's study of sentences imposed in relation to crimes whose compositions have signs of violations of antimonopoly legislation; 2) in establishing the preventive and suppressive significance of the Federal Law "On Protection of Competition" in relation to anticompetitive crime, as an element of competition policy relevant to criminal law 3) in proposals to strengthen the preventive significance of a special law, improve the norms of criminal legislation, as well as the mechanism of interaction between antimonopoly and law enforcement agencies. The conclusions are that the criminal law policy in the field of competition protection depends on the directions of competition policy. The solution of the problems of interdependence should be aimed at strengthening the preventive meaning of a special law, clarifying the terms used to determine the grounds of criminal liability, criteria for differentiation of responsibility, as well as at eliminating gaps in the necessary criminal law repression, normative consolidation of the interaction of antimonopoly and law enforcement agencies.

Kebijakan Penanggulangan Prostitusi Online Melalui Media Sosial

Introduction: The existence of a criminal law policy in an effort to combat online prostitution cannot be separated from the existence of cases of online prostitution in Indonesia. 
 Purposes of the Research: The current positive law regulations have not been able to tackle the crime of online prostitution through social media in Indonesia. So it needs to be reviewed in formulating criminal provisions relating to online prostitution to create a better arrangement in the future.
 Methods of the Research: Type of research: normative juridical, the approach used is the statute approach, the conceptual approach, and the case approach. The sources of legal materials used are Primary Legal Materials, Secondary Legal Materials and Tertiary Legal Materials. The technique for reviewing and collecting primary, secondary and tertiary legal materials is to use documentation studies. The data analysis used in normative legal research is qualitative analysis
 Results of the Research: Based on the results of the study, it was found that the concept of online prostitution prevention policies through social media can be overcome with feminist policies so that they can position women according to conditions with criminalization, legalization and decriminalization approaches by eliminating criminal acts of online prostitution through social media based on the socio-cultural background of the Indonesian people and state, while other approaches can also be considered as a policy concept for overcoming the crime of online prostitution through social media. The policy of overcoming the crime of online prostitution through social media has been integrated with criminal law because online prostitution through social media can be handled using criminal law outside the Criminal Code which has a special nature, namely Law Number 21 of 2007 concerning the eradication of criminal acts of trafficking in persons. the shortcomings of the Criminal Code, therefore in an effort to overcome the crime of online prostitution, policies are needed that can provide guarantees and protection to women as perpetrators of online prostitution with various policies and approaches born from socio-cultural values.

Criminal law protection of state sovereignty as part of the state policy in the sphere of counteraction crimes in the context of the armed aggression of russia

The article provides arguments regarding the expediency of using the concept of «state policy in the sphere of counteraction crimes», despite the widespread use of the concepts of «criminal law policy» and «state policy in the sphere of combating crime».
 The content of the concept of «the state policy in the sphere of counteraction crimes» is analyzed. It has been established that the criminal law protection of state sovereignty belongs to one of the most priority direction of state policy in the sphere of counteraction crime. Russia’s full-scale armed aggression against Ukraine in 2022 makes it necessary to increase the effectiveness of countering сriminally illegal encroachments on state sovereignty.
 The article draws attention to the fact that protection of the state sovereignty of Ukraine is ensured not only by the provisions of chapters I, IX, XIV, XV and XX of the Special part of the Criminal сode of Ukraine, which provide for criminal liability for encroachment on state sovereignty. The Act of Ukraine «On sanctions» allows the state to apply special economic and other restrictive measures (sanctions) for the purpose of protecting national interests, national security, sovereignty and territorial integrity of Ukraine, countering terrorist activities.
 The author states that, taking into account the need to increase the effectiveness of state policy in the sphere of counteraction crimes in part of criminal law protection of state sovereignty in the context of armed aggression of the russian federation, there is further criminalization of acts and differentiation of criminal responsibility in particular for subversive anti-state activities and actions (encroachments) that are directly aimed at violation, limitation, undermining (weakening) or loss of the state sovereignty of Ukraine, including state sovereignty in the informational, economic and other spheres. It was concluded that the amendments to the criminal legislation adopted after the start of the full-scale invasion of the russian federation in 2022 stimulate the activity of law enforcement agencies in the aspect of preventing and combating specific types of criminal offenses.

Studi Kebijakan Penanggulangan Kejahatan Cyber Crime dan Pencemaran Nama Baik di Ruang Siber (Kasus Direktorat Kriminal Khusus Subdit V Cyber Crime Polda Sumatera Utara)

Criminal policy represents the rational strategy of society in addressing criminal activities. Criminal law policy is a subfield of criminal law science that focuses on crime prevention. In Indonesia, the government has enacted Law Number 19 of 2016 concerning Electronic Information and Transactions (ITE Law) to regulate the use of information technology and social media, aiming to maintain justice, public order, and legal certainty. Defamation refers to actions that harm an individual's reputation through spoken or written words. Article 27 paragraph (3) of the ITE Law regulates defamation. This research explores both penal and non-penal policies in addressing defamation crimes in cyberspace. A normative juridical method is employed to analyze legal solutions to this issue. Primary, secondary, and tertiary data are combined to investigate this matter. A population and sample approach is utilized to answer the research questions. This study analyzes the effectiveness of criminal and non-criminal policies in dealing with online defamation, providing crucial insights for future regulatory enhancements.

Analysis Of The Formulation Of Criminal Provisions In Law Number 12 Of 2012 Concerning Higher Education

The criminal determination legislation policy in Law no. 12 of 2012 concerning Higher Education is a part of the stages of crime prevention in the field of higher education which is expected to be able to provide clear directions for law enforcement officials at the application and execution stages of a crime by providing complete sentencing rules. However, it turns out that the criminal provisions in the law are only an incomplete or partial set of tools in the context of tackling criminal acts in the field of higher education. This can be seen from the many juridical problems in the law, including the absence of juridical qualifications, corporate criminal responsibility issues and so on. For this reason, in the future it is necessary to update the existing criminal provisions formulation policy in the Higher Education Law.Keywords: Criminal Law Policy; Formulation; Juridical Issues

Applying Diversion and Restorative Justice in Juvenile Narcotics Cases at the Binjai District Court, North Sumatera, Indonesia

The problem of drug abuse involving Narcotics, Psychotropics, and other Addictive Substances is a specialized criminal offense with widespread national and international implications, causing adverse effects on society, the nation, and the country as a whole. In this context, the role of the law is crucial in addressing and combating this criminal activity through the implementation of criminal law policies, as part of the broader efforts in law enforcement. The research objective is to examine the Juridical Review of the Implementation of Rehabilitation Institutions during the Prosecution Stage by the Prosecutor's Office in cases of drug abuse, with a specific focus on Narcotics. The study aims to gain insights into how Rehabilitation Institutions are applied by the Prosecutor's Office during the prosecution stage, following the guidelines outlined in the Attorney General's Directive No. 18 of 2021. Imposing prison sentences on individuals, especially minors, who fall victim to drug abuse involves the deprivation of their freedom and carries negative implications, making it challenging to fully realize the goals of punishment. In the context of the Binjai District Court, measures are taken to provide a protective environment for children facing legal issues, enabling them to be diverted through the principles of Restorative Justice. Conversely, Rehabilitation is designed to help individuals categorized as drug addicts overcome their dependency on narcotics. The process of resolving drug abuse cases through rehabilitation places emphasis on restorative justice and the potential benefits, taking into account principles of expeditious and uncomplicated justice with minimal costs, the principle of using criminal measures as a last resort, cost and benefit analysis, and the recovery of the offenders involved. Keywords: Restorative Justice, Narcotics, Juvenile Offenders

The Criminal Law Enforcement Policies in Tackling Criminal Human Rights the Review of Progressive Law Requirements

This text is in the background by the large number of criminal law enforcement cases carried out by our law- enforcement officers far from the justice that the public desires, law enforcement is still glued to the text in the act and assumes that the law is in the affirmative. Surely this paradigm must be altered by our law-enforcement officers so that the process of law enforcement will fit the pancasila values with those in society. So this is what the authors are interested in discussing how criminal law enforcement policies in addressing criminal rights are reviewed in progressive law enforcement and the problem with this study is how criminal law policies deal with present human rights and how future criminal law enforcement policies have defined criminal rights Based on subtantive justice. The method used was normative yuridis (literature study). Studies that are disturbing for society are not based solely on dissatisfaction with what might be called law enforcement in a narrow sense, even a sense, that untruths, injustice, abuse of power, favoritism, practice of favoritism and so forth are necessary for law enforcement in a broader sense that is not solely the responsibility of law enforcement officers, judicial institutions, And the legal institutions of higher education, but also should be the concern and responsibility of all officers and shareholders in all aspects of life, And what is more important is that the whole component of law-enforcement officers better understand what is called a progressive law in acting in legal cases in particular against criminal rights to create justice on the basis of almighty deity and the prevailing values of a society or common, so-called substantive justice

The Criminal Law Policy against Carding's Crimes as a Form of Cyber Crime

As technology progresses, there are many facilities available online. Developing this technology can also provide opportunities for perpetrators of crime especially crimes in cyberspace. Cybercrime is a new form or dimension to a crime that is currently receiving much attention from the international community. Among the types of cyber crimes referred to is carding's evil use of Internet technology asa tool for illegal logging systems on websites to obtain information on credit CARDS for customers. The purpose of this study is to identify and analyze the arrangements regarding carding's criminal actions in Indonesia at present, as well as criminal law policies against carding's criminal actions within Indonesia's positive laws. This study was a normative- yuriy study type. Studies show that delic-delik and the classifications governing carding felonies in Indonesia are not strictly and explicitly regulating carding's crimes, So law enforcement law enforcement is based only on chapters 31 and 32 of 2016's number 19 legislation that regulates only a fraction of the many crimes of carding and in many cases law enforcement must use an interpretation or appropriate a few of the chapters in a cell phone that some consider to be irrelevant as chapters 263 and 378 under the law. Therefore, it will require future criminal renewal of carding's criminal actions in Indonesian positive laws

Urgency of Reform Asset Forfeiture Model of Narcotics Crime in Investigation

Purpose: The Narcotics Law as a foundation in law enforcement to eradicate illicit drug trafficking, is not effective enough in tackling narcotics crime, because the legal paradigm adopted in the narcotics law is oriented towards imprisoning the perpetrator (follow the suspect), while the assets resulting from narcotics crimes continue to be used for narcotics trafficking and distribution. The problem is what is the urgency of renewing the model of asset forfeiture from narcotics crimes? What is the ideal model of asset forfeiture from narcotics crimes?
 
 Design/Methodology/Approach: The research method used is a normative approach and empirical approach sourced from primary data and secondary data. Primary data is obtained by means of field studies and interviews while secondary data is obtained by means of literature studies. The data that has been collected is analyzed qualitatively.
 
 Findings: The urgency of updating the model of seizure of assets resulting from narcotics crimes must receive attention in criminal law policy, this is because the current mechanism is not adequate and even tends to use assets as an instrument of illicit drug trafficking, which should be maximized for the rehabilitation of drug addicts and abusers. The future model of asset forfeiture in relation to the renewal of the investigation for asset forfeiture of narcotics crimes is a model of asset forfeiture without punishment. This model is known as in rem forfeiture, or also known as civil forfeiture, and NCB asset forfeiture. The NCB model is essentially a suit brought against assets, not against persons. The action is separate from the criminal court, but only determines that the assets have been tainted by the criminal offense.

Penataan Struktur Hukum Hak Atas Tanah dalam Rangka Keadilan dan Investasi

Land issues in Indonesia are increasingly complex, throughout the 63 years of the UUPA as the main land regulation it has not been able to realize justice for land. The investment climate and development complexity caused by the plurality of social structures and overlapping land policies, especially since the issuance of the Job Creation Law, has now become Law no. 6 of 2023 concerning the stipulation of PERPU Law NO. 2 of 2022 concerning Job Creation becoming a law has a great influence on land law. The problem is how the political development of land law in Indonesia is developed and how to create a legal structure for control, ownership, use and exploitation of land that can fulfill the principles of justice and investment. This research is normative research with a statutory regulatory approach, a historical approach and a conceptual approach. The results of the research are that 1. the current development of land law politics tends to ignore the principles contained in the UUPA and deny agrarian reform. This is reflected in various land law regulations which give rise to ambiguity and multiple interpretations because the issuance of sectoral laws is driven by economic growth and investment and the emergence of various land conflicts at the empirical level 2. The legal structure of control, ownership, use and utilization of land can realize justice if it continues to pay attention to the principles enshrined by the UUPA, including the maximum use of land for the prosperity of the people. Suggestions, there is a need to review land law policies in the context of balancing control, ownership, use and utilization of land between providing justice for the community and facilitating investment.

PERAN GURU DALAM MEMBERI PERLINDUNGAN TERHADAP ANAK (PERSEFEKTIF KEBIJAKAN HUKUM NARKOBA)

This paper aims to describe the role of teachers in providing protection to children from the point of view of drug law policy by formulating the problem of how the protection is by teachers children who abuse drugs. This study uses a qualitative research methodology. This type of research is under the umbrella of library research, namely research conducted through library research. The findings of this study are used to guide efforts to transfer children from the formal criminal justice system to non-formal criminal justice systems in order to keep them from becoming addicted to drugs. One of the distinctive aspects of this diversion technique is the participation of multiple stakeholders. Diversion differs from mediation in that it involves more than just the parties to the conflict; that mediation only involves conflicting parties, diversion also involves other parties such as community leaders, parents (children of perpetrators), religious leaders, law enforcement officers, and teachers. But among all those involved, the instructor was the one who had a significant impact. Because teachers function as surrogate parents, have more time with children than other adults, and help shape children's personalities.