Legal Policy Research Articles

Analisis Yuridis Putusan Mahkamah Konstitusi Terhadap Pengujian Undang-Undang (Studi Putusan MK No. 29/PUU-XXI/2023, No. 55/PUU-XXI/2023, No. 90/PUU-XXI/2023)

This study evaluates the inconsistencies in the decisions of the Constitutional Court (MK) regarding the judicial review of laws, specifically concerning the decision MK No. 29-51-55-90/PUU-XXI/2023. The aim of this study is to understand the reasons behind the differing positions of the MK when reviewing the same article, namely Article 169 letter q of Law No. 7 of 2017 on General Elections. The method used is normative legal research with a descriptive nature, utilizing secondary data as the source. Data collection is conducted through literature study, data analysis is qualitative, and conclusions are drawn using the deductive method. The research findings reveal inconsistencies in the MK's decisions. In Decision No. 90/PUU-XXI/2023, the MK added a new norm by establishing alternative requirements for Article 169 letter q of Law No. 7 of 2017. In contrast, in Decision No. 29-51-55/PUU-XXI/2023, the request to review the same article was rejected on the grounds that the regulation of the minimum age is an open legal policy of the lawmakers and does not violate the 1945 Constitution. This inconsistency raises questions about the integrity of the MK and reduces public trust in the institution. The study recommends that the MK maintain consistency in judicial review decisions to preserve its authority and public trust.

The Legal Position of the Indonesian Ulema Council in Applying the Principles of Islamic Law in Islamic Banking Operations in Indonesia

National economic development through the establishment of Islamic Banks is an implementation of Article 29 of the 1945 Constitution of the Republic of Indonesia. The presence of Islamic Banking in the national economy is a strategic legal policy of the government because its operations are based on the principles of Islamic law, namely principles derived from the Qur'an, Hadith, Ijma', and Qiyas. However, in its application, these principles of Islamic law are manifested in the form of fatwas issued by the National Sharia Council-Indonesian Ulema Council (DSN-MUI) as a source of positive law for Islamic banking. Therefore, this study raises legal issues related to the legal position of the Indonesian Ulema Council in the application of sharia principles to Islamic Banking operations in Indonesia. This study aims to analyze and determine the legal position of the Indonesian Ulema Council in the application of sharia principles to Islamic Banking in Indonesia. The research method used is normative research, which provides answers to the problems raised with the perspective of what should be done. The results of the study indicate that the DSN-MUI fatwa has a crucial role as a positive legal basis in the operation of Islamic Banking in Indonesia, although formally it is not a statutory regulation. The implications of this study indicate the importance of recognizing and strengthening the role of the DSN-MUI in the national legal system to ensure compliance of Islamic Banking operations with applicable sharia principles.

ПРАВОВАЯ ПОЛИТИКА ГОСУДАРСТВ-ЧЛЕНОВ ЕАЭС В СФЕРЕ РЕАЛИЗАЦИИ ПЕНСИОННЫХ ПРАВ

The article discusses issues of legal policy of the EAEU member states in the field of implementation of pension rights of citizens using the comparative method. Based on the legislative practices of states, the author examines the models of state pension systems and highlights their specifics and common, advantageous features. In the process of the study, the essence and direction of reforms of state pension systems were established, aimed at solving a number of problems in reducing social tensions, with the gradual release of the budget from the burden of pension payments, reducing the unemployment rate, which helps to increase the interest of citizens in pension savings and stimulate the personal responsibility of citizens for pension provision for a decent standard of living when acquiring pension rights. It is noted that one of the fundamental principles and norms of international law in the system of protection of social and labor human rights is the right to pension provision, guaranteed by the constitutions of the EAEU member states and their obligations to fulfill the ILO minimum social standards to provide citizens with at least 40% of the level of pensions in relation to average salary. At the same time, states should direct efforts to implement policies to ensure employment, protection against unemployment and the development of non-state investment institutions in the field of pensions.

Миграционный процесс как фактор обеспечения финансово-правовой политики Республики Таджикистан

The relevance of the article under consideration is due to the fact that the migration process affects the political, social, financial and legal policy and security of the state. It notes that the migration process currently acts as an indicator that regulates the financial and legal policy of the state and the population of the Republic of Tajikistan. The emerging outflow of the young generation of the country, including educated and qualified personnel, indicates insufficiently high wages and living standards in the republic. Based on this, the author believes that due to the growing number of migrants from the countries of the exporter of labor resources, at the same time in the host country, new problems arise in terms of adaptation to life in big cities, mentality, legislation and labor law and order. The modern globalization of migration processes also transforms to more reasonable relations of rapprochement of peoples, legal interethnic relations, the study of history, culture, customs, traditions, customs and many other factors of national values from each other, creating friendly relations, where they unite them even more, develop friendship between peoples. All this is a sign that the host country has a positive attitude towards the migration flow. The task of the state, the exporting labor force and the country receiving labor resources is, first of all, independently, taking into account the circumstances and certain principles of public administration, to harmonize migration legislation in order to stabilize and develop it. Since public administration in this area is an independent area of activity of executive authorities, directly related to ensuring state security and socio-economic development of the country, the state faces the task of systematizing migration legislation. The author comes to the conclusion that, together with the multiplicity and sometimes inconsistency of legal acts in the field of migration, their application is significantly more difficult, which leads to inconsistency in the actions of law enforcement agencies that regulate these processes. In addition, there are barriers to providing social protection for migrants that lead to discrimination, such as labor, legal, language and cultural barriers, insufficient information about the rights of migrants to social protection and the mechanism for their implementation.

NEED FOR RECEIVING HEALTH INFORMATION THROUGH COMMUNITY RADIO SPEAKERS IN HIEP AN WARD, THU DAU MOT CITY, BINH DUONG PROVINCE

Loudspeakers are one of the state's means of communication used to propagate policies in recent times and have been very effective, contributing to propaganda and the development of legal policies. The issue of health communication has been effectively adopted through programs on health policy and health science. In order to have a scientific basis for surveying the role of loudspeakers in the new period in urban areas, creating a basis to advise industries, especially the health sector, on the satisfaction and effectiveness of loudspeakers. clear towards the people. With 7 in-depth interview samples in qualitative research conducted in Hiep An ward, Thu Dau Mot city, about the need to use and develop a quantitative assessment toolkit in the future. The results show that the rate of information reception is quite high, the age of reception increases gradually with age, the listening time per day fluctuates but still reaches a high rate, satisfaction with loudspeakers reaches a high level and the need to receive information from community loudspeakers in the future. Conclusion: Media reception from speakers is quite high, the received content is not proactive, so the incoming information does not meet the needs of today's low-tech and diverse media society. Therefore, there is a great need for a quantitative study with a more representative sample size to demonstrate the qualitative results that this study brings and at the same time, survey the content and effectiveness of health communication content from loudspeakers.

Media and policy legitimacy: A study of news coverage of the Flemish Human Rights Institute

Abstract European countries are required to establish equality bodies to combat discrimination. For the success of such bodies, informing citizens about their existence and functioning is essential. Therefore, this study conducts a thematic content analysis of news coverage (N = 129 Flemish news articles) pertaining to the recently established Flemish Human Rights Institute (FHRI) in Belgium. The analysis focuses on the subjects addressed in the news articles, the individuals or groups involved, and the interpretation of the three components of the responsiveness triangle (policy system, social perspectives, and policy environment), which collectively determine the perception of a legitimate policy. The study’s findings reveal that the articles extensively feature varying viewpoints from politicians and civil society organizations regarding the FHRI’s policy system, including its competences, institutional formation, and operation, as well as its role in protecting citizens’ rights. However, the news articles refrain from offering a conclusive assessment of the institution’s legitimacy.

Tindak Pidana Perzinahan Di Indonesia Dari Perspektif Sosiologi Hukum

The values underlying the understanding of the crime of adultery in the Criminal Code are still strongly influenced by Western values. The law that applies in society must take into account the values that are prevalent in the community where the law develops. Legal policy is an integral part of social policy, where the main objective is the safety and well-being of the community. Therefore, legal policies regarding the crime of adultery must also take into account the values, culture, and social structure that have already been established. The formulation of the crime of adultery and its renewal must be verified through sociological approaches. This type of research is normative with the characteristics of prescriptive research, and the analysis technique used is the deductive method. The crime of adultery has been revised in the new Criminal Code, which includes an expansion of the material that differs from the old Criminal Code. That the offense of adultery in the latest Criminal Code already meets and reflects the values, norms, morals, and religion of Indonesian society.

Upstream Oil and Gas Management: Legal Policy of Aceh's Special Autonomy Perspective

Upstream Oil and Gas Management: Legal Policy of Aceh's Special Autonomy Perspective

Legal Politic As Counter An Asymmetrical Warfare In The 5 & 6th Generation War

Legal politics as a defense system against asymmetric war is very important. War today is no longer conventional but has entered the 5th and 6th generations in an asymmetric and hybrid manner. This research uses an explanatory qualitative method. The analysis technique uses the soft system method (SSM) to provide structured, comprehensive and sharp analysis. In general, this research will discuss legal political alignments in Indonesia, urgency, mechanisms, and the model/concept of Counter Asymmetric War. Specifically, this research discusses political law as a defense system against asymmetric war in the 5th and 6th generation war era which is considered less comprehensive and non-specific. Then, this research determines 4 ideal criteria for Political Law as a defense system against asymmetric war in the 5th and 6th generation war era, including: defense budget, regulatory effectiveness, modernization of technology & defense equipment, and national defense education. These ideal criteria are used to analyze legal politics as a defense system against asymmetric war. The results of the analysis show that the criteria for political law as a defense system against asymmetric war do not comprehensively cover these 4 ideal criteria. As a recommendation, these 4 ideal criteria can be a refinement of the political legal criteria as a defense system against asymmetric war. So that legal political policy as a defense system against asymmetric war can realize the stability of Indonesia's national defense and security.

Displacing the displaced: the response to the protracted precarious situation of Syrian refugees in Türkiye during the Covid-19 pandemic

ABSTRACT The Covid-19 crisis exposed deeply-rooted systemic problems for Syrians in Türkiye, especially continuous instability in accessing public health and social support services. By reviewing legal amendments and policies, this article examines the legal situation and the humanitarian challenges they encounter during the pandemic in Türkiye. Although the Turkish government provides free access and includes Covid-19 treatment within the emergency scope, the barriers impoverished the Syrian refugees accessing those services. This article does not address all aspects of the impact of Covid-19, thus emphasising how Turkish legal policies on refugee maintenance have constrained the life of Syrians in Türkiye. The study implies the multiple barriers, such as registration requirements and structural problems of the asylum policies restricting the Syrian refugee’s access to healthcare and State services in all aspects. The article concludes by demonstrating that the precarious legal status brings even more vulnerability at times of crisis for the Syrian refugees in Türkiye.

Lost in transaction?: An institutional analysis of households’ transaction costs from demand-side grid management

Better utilization of the electricity grid is urgently called for, and demand-side management (DSM) measures are implemented to influence consumers' electricity consumption to off-peak periods. Little is known about how DSM measures generate private transaction costs for households, being crucial for the effectiveness and fairness of such measures. This article contributes to the energy transition literature by exploring sources of private transaction costs for households from a time-of-use tariff scheme for the grid in Norway. Data from nine group interviews reveal that uncertainty about the transaction (grid capacity), distrust of the transactor (grid provider) and the complexity of the institutional context (uncertainty about the electricity sector) increase transaction costs for households and reduce effectiveness of the tariff. Providing households with information on the reasons and methods for adjusting electricity consumption is essential, including the economic impacts on households of the new tariff. Additionally, households should receive enhanced guidance of technology use and behavior changes. For these two steps to work, trust in energy actors must be strengthened. Lastly, one should pay attention to the potentially undermining effect of such DSM measures on legitimacy of energy policies in general, given the unequal levels of transaction costs depending on households’ capital.

State management of public investment in road construction in Vietnam: Current situation and solutions

This study examines Vietnam’s state management of public investment in road construction. The development of road transport infrastructure is in extremely high demand as Vietnam undergoes an economic transition. Despite the fact that the effects of the COVID-19 pandemic have caused the economy to grow more slowly recently, public investment in the transport industry has increased significantly. Several modern, large-scale road works that have been finished and put into operation are having a significant positive impact on urbanization, connecting regions, and socioeconomic development. However, public investment in road transport construction still has a lot of issues that need to be fixed. The state’s weakness is one of the primary issues that reduces investment efficiency. This study analyzes the state management of public investment in road construction, according to the following contents: legal system and policies; formulation and implementation of public investment plans; inspection and supervision by state management agencies. The method of collecting secondary data and primary data (through sociological investigation) is used and combined with Statistical Package for the Social Sciences (SPSS) software to determine the influencing factors and find out the problems and their causes. Therefore, this study proposes a number of urgent and practical solutions to improve the state management of public investment in road construction and develop a synchronized road transport network.

Child Perpetrators and Victims: Criminal Policy Approaches to Sexual Violence in Indonesia through Restorative Justice

Criminal law embodies the principle of ultimum remedium, which means that prosecution is considered a final measure in law enforcement. This principle does not seek to eliminate punishment for offenders but rather aims to protect society from crimes by using prosecution as a last resort. Offenses are not only committed by adults but also by minors. With the rapid advancement of information and telecommunication technology, sexually explicit content has become widely available through electronic media. As a result, many children mimic behaviors they have seen or heard about, particularly since they are often given access to electronic devices such as smartphones and computers with internet access. This ease of access sometimes occurs without sufficient parental supervision, exposing children to inappropriate content. Given this context, the author is motivated to conduct research titled Criminal Policy for Addressing Sexual Violence Committed by Minors Against Minors in Indonesia. This study aims to explore effective legal measures and policies to address and mitigate such incidents. The research employs a qualitative method grounded in the theory of sanctions and the theory of legal effectiveness. By utilizing a criminological approach, the study seeks to analyze crime patterns associated with sexual violence perpetrated by minors. This includes examining the socio-cultural factors that contribute to such behaviors and evaluating the current legal framework's effectiveness in addressing these issues. Through this research, the author hopes to shed light on the complexities of juvenile delinquency in the context of sexual violence and to propose informed policies that can better protect minors from both committing and becoming victims of such offenses. The findings are expected to contribute to the development of a more effective criminal justice system that balances punitive measures with rehabilitative approaches, ultimately aiming to create a safer and more just society for all.

Research on the experience and lessons of ethnic and religious governance in the EU under the rise of populism

As a community of multicultural and religions, the effective governance of ethnic and religious affairs is of great significance for maintaining the stability within the EU and promoting the harmony and cooperation among member states. The EU has strengthened ethnic and religious governance by promoting multicultural policies, implementing regional policies, establishing conflict prevention and mediation mechanisms, promoting cross-border cooperation and integration process, focusing on protecting the rights and freedom of citizens, establishing a legal and policy framework, and strengthening dialogue. However, under the rise of populism, the EU is severely challenged, including the intensification of immigration and refugee problems, the insufficient response to religious extremism and terrorist threats and the lack of coherence and consistency of policies, the lack of effective communication and dialogue mechanisms, and insufficient regulation.The article suggests vigilance the dangers of populism, strengthening the rule of law, focusing on education and publicity, preventing and responding to extremism, and promoting the integration of economic development and society. The EU has taken measures, such as promoting legal policy making, strengthening dialogue mechanisms and the governance of migrants, but it still needs to focus on social integration to maintain stability and solidarity. Other countries can learn from the EU experience and develop religious governance strategies adapted to their own situation.

Perbandingan Hukum Lelang Non Eksekusi Sukarela pada E-Market Place Auction antara Indonesia dengan Amerika Serikat

This research aims to compare non-executive voluntary auction laws on e-marketplaces between Indonesia and the United States. In Indonesia, the regulatory framework for non-executive voluntary auctions falls under the jurisdiction of the Ministry of Finance, focusing on transparency, consumer protection, and fairness in the auction process. The study highlights that despite Indonesia's adoption of digital technology to enhance auction accessibility and efficiency, regulations are still evolving to keep pace with technological advancements and market developments. Meanwhile, in the United States, non-executive voluntary auctions are detailed under federal and state laws, emphasizing consumer protection, transaction security, and robust enforcement to prevent harmful business practices. These stringent regulations encompass participant verification, bidding processes, and transaction settlement to ensure fairness and safety for all involved parties. The findings of this research indicate that differences in legal regulations, implementation, and approaches between Indonesia and the United States influence how non-executive voluntary auctions are conducted and governed in both countries. This comparison provides deep insights into the challenges and opportunities in developing legal policies that support digital economic growth in this era of globalization.

Criminal Legal Policy On Insults Against The President And Vice President Post Constitutional Court Ruling Number 7/Puu-Xxi/2023

<em>This research discusses criminal law policies related to insulting the President and Vice President in Indonesia after the Constitutional Court (MK) decision. Previously, Articles 134, 136 bis, and 137 of the Criminal Code regulated criminal acts of insulting the President and Vice President, but these articles were abolished through Constitutional Court Decision Number 7/PUU-XXI/2023 on the grounds that they conflicted with the freedom of expression guaranteed by the 1945 Constitution . This decision raises a dilemma between protecting the dignity of high-ranking state officials and freedom of expression. Along with the introduction of the new Criminal Code in January 2023 through Law Number 1 of 2023 following the decision, there are legislative efforts to introduce new insult articles that are more in line with human rights principles. This research highlights the legal and social implications of these policy changes, including their potential impact on press freedom and political dynamics. Analysis of the Constitutional Court's decision according to the new Criminal Code shows the need to balance between protecting the presidential institution and maintaining the space for freedom of expression in Indonesia.</em>

Transforming care for pregnancy loss: A qualitative study on advancing practices and addressing existing needs

Recent years have seen significant growth in the body of knowledge and the development of guidelines on pregnancy loss. This qualitative study analyses how these advancements have been implemented with a focus on health literacy, hospital protocols, and societal responses. Thematic analysis of semi-structured interviews from bereaved parents (n = 11) and healthcare professionals (n = 7) in Italy uncovers significant lapses in health literacy and societal reluctance to address pregnancy loss, which obstructs informed parental decision-making. The research indicates a movement toward more sensitive healthcare, yet disparities remain in the treatment of early versus later losses and uneven psychological support provision. The research underscores the need for standardized practices and combined psychological care for both parents and for reform in legal policies regarding bereavement and maternity leave. Despite progress in institutional and societal approaches to managing pregnancy loss, considerable challenges persist.

Challenging violence in South African education: a feminist pedagogical and legal analysis

AbstractThis study investigates the relevance of violence in the context of South African education, a country which has a history of institutionalised violence against the oppressed, including women. Using a feminist pedagogy as a theoretical lens, violence and its implications for the South African educational system are examined. Scholars such as Freire believe that in order to engage the topic of violence in education, it needs to be framed not only from a physical, but also from a structural and symbolic way since violence is deeply rooted in social inequalities and power imbalances. Violence can be perpetuated through education, which can reproduce dominant ideologies and structures which are biased against women. Therefore, Freire advocates a pedagogical approach that challenges violence and empowers students to become critical agents of social change. In the South African educational environment, violence is a prevalent issue, especially for women and girls who face high rates of gender-based violence and sexual harassment in schools. This research also examines the relevant legal frameworks and policies in South Africa that address gender-based violence and education. This research proposes a feminist pedagogy can help create safe and empowering learning environments that promote social justice and equality.

Legal Protection of Children of Migrant Workers

Purpose: This research aims to analyze the legal protection for children of migrant workers in Indonesia, as well as the legal protection mechanisms. Theoretical Framework: This research problem is answered using the theory of legal protection which consists of preventive and repressive legal protection. Method: This research is normative legal research that analyzes legal principles, legal theory, doctrine, and legislation related to legal protection for children as migrant workers in Indonesia. Results and Discussion: The legal policy of protecting the children of Indonesian migrant workers is a comprehensive government effort to ensure the safety and welfare of Indonesian Migrant Workers (PMI). Some of the legal instruments that have been established are the Child Protection Law, the PPMI Law, and Minister of Manpower Regulation No. 2 of 2019. Successful implementation depends on effective communication, adequate resources, efficient bureaucratic structures, and relevant policies. Research Implications: Theoretically, this research has implications for expanding the body of knowledge in legal protection for children of migrant workers. Practically, this research encourages the government to implement laws and regulations related to protecting the children of migrant workers, especially in Indonesia. Originality/Value: The originality of this research lies in thinking about the government's comprehensive efforts to ensure the safety and welfare of the children of Indonesian migrant workers, which are implemented in three stages, namely before, during, and after working abroad.

Analysis of the Influence of Legal Policy on the Financial Performance of Companies in the Manufacturing Sector: Case Study Using the Anova Method

This study aims to evaluate the effect of legal policy implementation on the financial performance of companies in the manufacturing sector using a quantitative research design with case studies. The population in this study are manufacturing companies in Indonesia. Sample selection using purposive sampling. The data used are primary data and secondary data by distributing questionnaires using the ANOVA test. The results showed a significant difference in the company's financial performance between the period before and after the implementation of the legal policy, with a p-value of 0.032 (p<0.05). This shows that legal policy has a real impact on the financial performance of companies in the manufacturing sector so that a stable legal framework is needed to encourage optimal financial performance.