Methods Of Normative Analysis Research Articles

Pengaruh Sistem Hukum Dunia Terhadap Pembentukan Peraturan Perundang-Undangan di Indonesia

This article examines the influence of global legal systems on the formation of legislation in Indonesia. Historically, Indonesia adopted the Continental European legal system inherited from the Netherlands as the foundation of its national legal framework. Over time, Indonesia’s legal system has also been shaped by principles of common law, Islamic law, and customary law, deeply rooted in the nation's culture. This study aims to analyze how the interplay of these diverse legal systems has contributed to the development of a unique and complex national legal structure. Employing a literature review and normative analysis method, the research explores how elements from various global legal systems have enriched Indonesia’s legal framework. The findings reveal that, while this diversity enhances the national legal system, it also presents challenges in harmonizing and synchronizing existing regulations. This study offers valuable insights into the dynamics of cross-system legal influences in the Indonesian context and their implications for national legal reform.

Tanggung Jawab Orang Tua Yang Menelantarkan Anak Prespektif Perdata

Introduction: Government Children are a mandate as well as a gift from God the Almighty, who must always be guarded because every person (child) has basic human rights that have been regulated in the constitution, even he has inherent dignity and human rights, so children cannot be abandoned. The law has regulated related to child protection.Purposes of the Research: The purpose of this study is to find out and explain the responsibilities of parents who abandon children, and the legal consequences for parents who abandon children.Methods of the Research: This research uses the type of normative juridical research, with a problem approach used is descriptive analysis, namely literature studies and from field studies, the sources of law used are primary legal materials and secondary legal materials. The data collection procedure is using literature study. The legal management and analysis used is the method of normative analysis, namely relating it to the applicable legal norms.Results of the Research: The results of the writing show that the responsibility of parents who abandon children is caused by economic factors, harmony in the family, the awareness and attention of parents towards children is so lacking that children lose their rights. The legal consequences for parents who abandon their children are fines, even up to the revocation of custody of their children, therefore supervision regarding this case must be more efficient.

The Mediation Existence and Opportunities of State Administrative Court in Supreme Court Regulation

The implementation of mediation in the Indonesian judiciary is regulated in Supreme Court Regulation (PERMA) No. 1 of 2016 on Mediation Procedures in Courts. However, the PERMA only regulates the practice of mediation in District Courts and Religious Courts, not in the State Administrative Court. Nevertheless, the PERMA allows the State Administrative Court to conduct mediation by the provisions of the legislation. However, practical guidelines governing mediation at the State Administrative Court are not detailed. In practice, this legal vacuum has led to a lack of optimisation of mediation as an instrument of dispute resolution at the State Administrative Court. The research aims to analyse the extent of the opportunities provided by the Supreme Court in PERMA No. 1 of 2016 to implement mediation procedures at the State Administrative Court. This research is normative juridical and analytical descriptive conducted by literature review. The data was collected using the documentation technique to be analysed using the normative analysis method. The analysis indicated no specific rules regarding the implementation of mediation at the State Administrative Courts. Still, the opportunity is wide open when viewed from the type of case, which is generally included in the civil case type. Furthermore, then PERMA is not the only absolute legal basis for the implementation of mediation at the State Administrative Court, as confirmed in Article 130 HIR and Article 154 RBg. The PERMA only fills the legal vacuum related to mediation procedures not explained in the previous regulations. Therefore, it is necessary to reform the law related to mediation at the State Administrative Court to achieve a court with integrity, speed, simplicity and low cost.

Legal Regulation of Transnational Data Flows: International Experience and Chinese Solutions

The arrival of the big data era has made most countries realize the importance of data resources for economic development. On the one hand, data flow promotes trade between countries, and on the other hand, the rapid expansion of the scale of multinational business giants has led to a proliferation of incidents of illegal collection and utilization of user privacy, putting national security at risk.In 2019, WTO members of the e-commerce negotiations put forward proposals for cross-border data flow based on their own positions, and major countries such as China, the United States, Russia and other major countries have all put forward different proposals.It can be seen that data flow regulation has become a key topic in the international arena nowadays, with sufficient necessity and practical significance. As a result, this paper adopts the comparative analysis method, normative analysis method and other research methods to analyze the issue and make suggestions on the direction of China's legislation.

Analisis Hukum Islam terhadap Tradisi Makkatte Khitan Anak Perempuan Bugis

The Makatte' Tradition of Circumcision for Bugis Girls is a traditional practice that has long been an important part of the culture of the Bugis community in Indonesia. This tradition is believed to be an obligation for all women approaching their teenage years. The aim of this research is to find out the Makatte' traditional law carried out in South Sulawesi from an Islamic legal perspective. The research method used is the normative analysis method, namely investigating facts using Al-Qur'an and hadith reasoning, applicable regulations, and maqāṣid al-syarī'ah theory. The results of this research show that in society, the makatte' tradition has five meanings: as a sign of Islam, custom or culture, a symbol of maturity, cleanliness and health, as well as religious teachings and advice. When this teaching was adopted by the community, the community believed that the series of processions had become a responsibility. Then for those who don't implement it, this will have an impact on social impacts. The Koran does not speak clearly about circumcision for either men or women. Meanwhile, the Hadith, which is the second source after the Al-Quran in Islam, speaks very little about circumcision, so it is interpreted and given the impression of only the approval of the Prophet. Islam as a natural religion certainly upholds natural values. Therefore, Islam prioritizes nobility, purity and cleanliness and perfects all aspects of life.

Tinjauan Terhadap Bagi Hasil Perikanan Pada Tradisi Huyula Di Wilayah Pesisir Pantai Paguat

This research aims to find out an overview of fisheries profit sharing in the Huyula Tradition in the Paguat Coastal Area, based on the title raised in this research. This research uses a type of normative legal research. The process of collecting data from the objects studied in this research is using library research. The data obtained by this research uses a normative analysis method, namely by interpreting and discussing research material based on law, legal norms, legal theories and doctrines related to the main problem. The results of this research show that the Juridical Review of Fishery Profit Sharing in the Huyula Tradition on the Paguat Coast, namely in the Bongoime Village community, Huyula values are applied by the community in various aspects of life. Huyula values are manifested in various activities, for example in community service for environmental cleanup rural areas, building village roads, death, cleaning local irrigation canals and agricultural activities. Community service activities for the public interest, in coordination with the local government without distinguishing between social status, community service activities are usually referred to as "Hulunga" activities by the community as well as factors that influence profit sharing problems, namely economic factors, catch factors, entanglement factors. debt, education factor, legal knowledge factor and age factor.

Fulfillment Of The Right To Mental Disability In Elections At Ogan Komering ULU District

The right to vote is an inherent human right, universally recognized and protected by international law. It is essential to ensure that every eligible citizen is given equal rights and opportunities to participate in the democratic process by casting their vote without exception. Because the non-involvement of persons with disabilities takes away from the true meaning of democracy, they must be involved in the democratic process. If the political rights of a person or group are not fulfilled, the election may be questioned. To guarantee fair elections, persons with disabilities must be equally involved in the electoral process. This study uses a normative analysis method which begins with describing legal facts, then seeks a solution through a critical analysis of existing positive legal norms. Protection for persons with disabilities has existed since Indonesia ratified the UNCRPD in 2011, even the derivative regulations already exist in Law No. 8 of 2016 which regulates the rights of persons with disabilities. Data at the Ogan Komering Ulu Election Commission shows that mental disabilities are the second largest in number of physical disabilities with a total of 256 people in 13 sub-districts in South Ogan Komering Ulu, they are people whose political rights should be protected by being given space to be creative.

Community Institutions with Nationalist Characteristics

Nationalism is essentially a modern state ideology, like democracy and communism. Even colonialism and imperialism are forms of expansive nationalism. Nationalism is an awareness and pride in the state that creates attitudes and feelings that place greater importance on national life over personal, group, regional or party interests represented. This research is juridical normative. Using descriptive-analytical research specifications. Using secondary data collection sourced from library book materials, obtained through primary, secondary and tertiary legal materials. The normative analysis method as a way of discussing research material is based on all understandings in legal science. The results of the study show that Pancasila is understood not in its formula or status but in its contents, namely the noble values ??that are recognized as the agreed view of the nation's life. As attitudes and behaviours, it can be observed and assessed as to what our identity as a nation is like. In addition to the attitude and behaviour displayed. The characteristics possessed by civil society are such as living independently, having a high sense of tolerance, actively participating in all public policy formation, voluntary cooperation, upholding the values ??of justice and honesty, recognizing and respecting differences, and having strong national integrity. strong, upholding human rights and the rule of law as well as being open and transparent.

Comparison Study of Indonesia and France Judicial Commission Model

The study aimed to examine the comparative study of the Indonesian State Judicial Commission and the French State Judicial Commission. In the analysis, the normative analysis method is used by observing inferior information because it emphasizes more on research from various legal books, journals and previous research literature. The results of this study are the Judicial Commission even though its position is supporting to the judicial authority body. The authority of the Judicial Commission in court is not as one who decides on a case but as an enforcement agency for ethical norms. In the field of judges, the Judicial Commission is not involved in terms of organization, personnel, administration and finance. Related to this, the Judicial Commission is different from those in European countries, for example France. The Judicial Commission in France (Conseil Superieur de la Magistrature or CSM) has authority in specific areas based on technical policies and policy-making on the judicial aspect. The French Judicial Commission as well as in Europe usually has authority regarding agency management, calculation and administration of justice including in carrying out advertisements, transfers, recruitment and distributing rewards to judges. The authority of the Supreme Court is an institution that carries out the functions of the judiciary and its duties are related to adjudicating and not dealing with matters related to the administration and organization of justice.

“Norms” as the noumenon, “functions” for use: A new idea of cultivated land administrative protection in China

In the 70 years since it has been founded, China’s cultivated land protection work has made remarkable achievements: less than 10% of the world’s cultivated land has fed 22% of the world’s population and 900 million peasants have the foundation on which to survive and develop. However, under the strictest protection system such as “Grow Teeth” (GT), there is still a deviation of “norm-value” and “demand-efficacy” in the Administrative Protection of Cultivated Land (APCL) at this stage. This paper uses normative analysis method, similar case research method as well as value analysis method to find that the legitimacy of the current APCL system is insufficient: on the one hand, under the perspective of functionalist “needs and efficacy”, the existing Cultivated Land Protection Law (Draft) (CLPL) and other normative documents cannot meet the needs of APCL penalties, relief, public welfare, etc.; On the other hand, from the perspective of normative “value legitimacy”, APCL legitimacy value foundation is lacking due to the limitations of overall value fragmentation, insufficient compatibility value and fragile defensive value. Therefore, the value base of APCL should be dismantled under the guidance of “function for use” to disassemble the functions of punishment, relief and public welfare, so as to specifically realize the construction of CLPL subjects, the inheritance of regulations, the transformation of responsibility subdivision, and the Land Administration Law and other regulatory continuations, to carry out protective measures such as clarifying the scope of punishment and giving compulsory force after coordination to cultivated land protection inspection recommendations, so as to give full play to the efficacy of APCL.

Research on Supply Chain Finance Risk Management Application Based on Blockchain Technology

This study aims to explore the application of blockchain technology in supply chain finance risk management. By using the normative analysis method, a theoretical model of supply chain finance risk management based on blockchain technology is established, and its feasibility and effectiveness are analyzed. Through the analysis of the theoretical foundation of supply chain finance, the characteristics and advantages of blockchain technology, and the existing problems, this study proposes corresponding solutions. The research results show that the supply chain finance risk management model based on blockchain technology can effectively improve the efficiency and security of supply chain finance risk management.

JURIDICAL REVIEW OF FOOD PRODUCTS THAT DO NOT INCLUDE AN EXPIRATION DATE IN INDONESIA

The title of this study is Juridical review of food products that do not include an expiration date. In Indonesia The research method in this study used a normative juridical approach. The results of the study were analyzed using a qualitative normative analysis method. The results of the study indicate that business actors who do not include an expiration date from a private law perspective are violating Article 8 paragraph (1) letter g and letter i of Law Number 8 of 1999 concerning Consumer Protection. Consumers have rights, as evidence in this matter can be seen with the imposition of a criminal sentence in the form of imprisonment and the confiscation of the products that are circulated for destruction, as regulated in Article 62 paragraph (1) in conjunction with Article 8 paragraph (1) letter g and the letter i of the Law. Number 8 of 1999 concerning Consumer Protection. Other regulations governing expired food are Article 97 paragraph (3) of Law Number 18 of 2012 concerning Food and Article 3 paragraph (2) P.P. Number 69 of 1999 concerning Food Labels and Advertisements.

AKIBAT HUKUM DISPENSASI PERKAWINAN ANAK DI BAWAH UMUR

Abstract: This study uses a normative juridical legal research method, which is a problem approach by examining and reviewing a valid and competent statutory regulation to be used as a basis for problem solving. The steps in this research use juridical logic. Primary legal materials consist of statutory regulations, official records or minutes in making laws. Secondary legal materials are the work of legal experts, internet sites and other reading books related to the research title. The analysis of the legal materials mentioned above uses a normative analysis method, starting with grouping the same legal materials and information according to sub-aspects and then analyzing and interpreting all aspects to understand and provide a complete picture of the results. This study discusses the consequences of dispensation for underage marriage. The legal consequences that arise if the application for dispensation is accepted by the Religious Court or District Court, namely obtaining the right to be able to carry out marriages and the marriage is legally and stately legal. If rejected, they may re-apply and the last resort is to file an appeal to the Supreme Court. In addition, judges of the Religious Courts and District Courts must be more selective in determining the application for dispensation for the age of marriage, so as to reduce the level of underage marriage that occurs in society. Keywords : Marriage Dispensation, Underage Marriage, Due to Child Marriage

The Normative Analysis of Chinas Land Reclamation Annual Report Review Clauses

Perfecting the review of the annual report of land reclamation is extremely important to reform the annual report system of land reclamation, which is helpful to the effectiveness of land reclamation supervision. The review of the annual report of land reclamation means that the subjects of land reclamation supervision review the materials or data submitted by the supervised units to realize the supervision of land reclamation activities. This article uses the research method of normative analysis to examine the relevant norms of the review of land reclamation annual report by analyzing the completeness and rationality of the review subjects and review methods of land reclamation annual report, and tries to propose to coordinate the supervision of supervisory departments and improve the working quality of supervisors in order to improve the supervisory capability of the subjects of the annual report of land reclamation, and tries to refine the off-site supervision and strengthen the coordination of off-site supervision and on-site inspection to improve the review methods of the annual report of land reclamation systematically, which will provide specific guidance for the existing review clauses.

Strict Liability Principle: Consumer Protection from Hidden Defective Products in Indonesia

Weak supervision on the standardization of the quality of goods products, the negative impact of the use of technology, and fraudulent products cause an increase in hidden defective goods products in the current era of globalization. The phenomenon of the existence of hidden defective products increasingly demanding the importance of the role of government to regulate, supervise and control to create a legal construction of product responsibility for consumers, which normatively does not exist yet. The concept of consumer protection due to hidden defective goods is a new thing that has never been explained in Indonesian literature. The purpose of this paper is to analyze the hidden defective products phenomenon, and the legal basis on the principle of responsibility is applied. Strict liability of produces due to loss of hidden defective goods products as an effort to protect consumers in Indonesia. This research uses the normative analysis method by using secondary data as primary data through the statute approach, philosophical approach, and historical approach. The results of this study show the importance of legal products that can provide consumer rights without reducing the rights of produces. The need for a legal basis for the product liability principle with the principle of strict liability to claim the responsibility of a produces through developing the doctrine of tort as a basis for demanding compensation due to hidden defective goods from the outstanding produces on the market. For this reason, it is recommended as a consideration, namely normative amendment to the law of the Republic of Indonesia number 8 of 1999 concerning consumer protection as a short-term step, while the long-term step is to issue a special law that regulates the absolute responsibility of produces due to loss of defective products hidden in the future.

THE VALIDITY OF CRIMINAL OFFENDER ARREST IN THE IMMIGRATION AREA AS A REASON FOR EXIT BAN TO LEAVING THE TERRITORITY OF INDONESIA -CASE STUDIES OF RATNA SARUMPAET


 
 Arrest is an act of the investigator to temporarily restrict the freedom of the suspect or accused if there is sufficient evidence for proposes of investigation or prosecution and/or adjudication in matters and by means regulated in the law. One of the cases that has caught the public's attention is the prevention and arrest of Ratna Sarumpaet who is a suspect in the case of spreading hoaxes in the immigration area of Soekarno-Hatta International Airport. This research has the formulation of the problem whether the prevention of going abroad and the arrest of suspect Ratna Sarumpaet in the immigration area is in accordance with applicable regulations. The purpose of this study is to determine whether the forced efforts made in this case the arrest and prevention of Ratna Sarumpaet violates the rules or not. This research is a normative study using several problem approaches which include the Law approach and analysis approach. The data sources used are secondary data, namely library materials which include library books, legislation, and others. Data will be analyzed by normative analysis method. The theoretical basis used is the rule of law theory, the theory of state sovereignty, the theory of law enforcement and the theory of criminal law. Based on the data analysis, it was concluded that the prevention of leaving the Territory of Indonesia and the arrest of Ratna Sarumpaet which was a forced attempt by the police in coordination with the immigration party were in accordance with applicable regulations, namely as stipulated in the Criminal Procedure Code, Law Number 6 2011 concerning Immigration and Government Regulation Number 31 of 2013 concerning Regulations for the Implementation of Law Number 6 of 2011 concerning Immigration.
 
 

Analisis Distorsi Kebijakan Pemerintah Provinsi dengan Pemerintah Kabupaten terhadap Proyek PLTPB

Post-reforms goverment authority in Indonesia were no longer centralized. Decentralization then emerged as dispersion of the central goverment affairs to the regional goverment. This article discusses the incompatibility of the Geothermal Power Plant (PLTPB) project issued by the district / city government but was issued by the provincial government using the normative-analysis method. Government concurrent affairs are divided into two affairs; compulsory and optional. The existence of PLTPB in Banyumas district is one of the democratic matters of choice. One of PLTPB problems is that the regent of Banyumas do not aware of PLTPB policy. It can be seen that there is no synchronization and harmonization between the provincial and district /city governments. Negative impacts ranging from destruction of residents' land to river pollution are not handled. The authority of these provisions must be taken over by the regency / city government and there must be countermeasures against affected people so that good governance will be created.

Evidence-Based Ethics for Neurology and Psychiatry Research

American bioethics, historically arising out of theology and philosophy, has been dominated by the method of normative analysis. Ethics as policy, however, requires in addition a solid evidence base. This paper discusses the background conditions that make neurotherapeutics research particularly challenging. Three key ethical issues are discussed within an evidence-based ethics framework: the ethical challenges arising from changes in the financial incentive structures for academic researchers and their institutions, the challenges of risk-benefit analysis for neurotherapeutics protocols testing innovative interventions, and the evolving issues surrounding impaired decision-making capacity and surrogate consent for research. For each of these issues, selected empirical data are reviewed, areas for further inquiry are noted, and the need for development of novel methods for bioethics policy research is discussed.