Positive Legal Norms Research Articles

The Position of Military Justice to the Indonesian Judiciary System

The main problem in this paper is how the position of military justice in the Indonesian judicial system with the issuance of Article 3 paragraph (4) Letter (a) of MPR Decree Number: VII / MPR / 2000, which explains that Indonesian National Military submit to the power of military justice in cases of lawlessness. military and submit to the general court for violations of general criminal law. This research is a type of juridical normative research that bases positive legal norms using statutory, conceptual and comparative approaches. The position of Military Justice in the Indonesian judicial system is part of the judicial power which has a strong and unquestionable position, because it is not against the constitution and is still in the corridor of the legal system in Indonesia, which is stated in Article 24 Paragraph (2) of the Fourth Amendment of the 1945 Indonesian Constitution as the constitution. state, and more emphasized in Article 18 of Law Number 48 of 2009 concerning Judicial Power.

Pengawasan Dewan Perwakilan Rakyat Daerah Terhadap Anggaran Pendapatan dan Belanja Daerah di Indonesia

The Regional People's Representative Council (DPRD) as a regional people's representative institution as well as an element of regional government administration that functions as a supervisor, however, has not run optimally the supervisory function of the DPRD so that the mission and goals set by the regional government can be achieved. The relationship between the executive and the legislature tends to be “troublesome”, these two institutions often do not understand their respective powers and functions. In order to carry out its functions, one of which is carried out by the DPRD by carrying out supervision, supervision by the DPRD on the administration of government is very important to maintain effective and efficient development and harmony in the implementation of government tasks. There has been an overlapping authority related to the supervision of the Regional Revenue and Expenditure Budget (APBD), and it is not even clear how DPRD members supervise the APBD, this makes DPRD members not optimal in carrying out supervision. The purpose of this paper is to find out and analyze the DPRD's oversight of the APBD, so this type of research is normative juridical research, meaning research that focuses on examining the application of positive legal norms and rules. The approach used in this research is conceptual, legal approach and historical approach.

Election Criminal Law Enforcement in the Era of Simultaneous General Election 2019

This thesis addressed the issue of election criminal law enforcement in the era of simultaneous general election in 2019. Based on data released by The General Election Supervisory Agency (Bawaslu) there were 2,724 reports and findings of alleged violations of election crimes, which continued with the investigation of 582 cases, closed at the investigation stage there were 132 cases, then closed at prosecuting 41 cases, and ajudicated by the court in 319 cases. Meanwhile, based on the Indonesian Legal Roundtable (ILR) data from the whole cases in electoral crime, 170 cases or 53% were sentenced to conditional or probation. The method of this research is used normative legal research methods (normative juridical). Data research compiled based on suited laws and regulations through statutory approach, case approach, historical approach, comparative approach, and conceptual approach. Furthermore, normatively the data is analyzed based on applicable regulations as positive legal norms by interpreting and constructing statements contained in documents and applicable laws. The results of this study are to reveal and analyze the law enforcement applied in handling election crimes that occurred in simultaneous general elections in 2019. Analyzing the formulation of criminal law in tackling more effective general election crimes for the future through the formulation definite regulations, fair, not multi-interpreted and attend to all parties in equal rights of each individual before the law in order to establish a general election which honest and fair as well as legitimate

Government Responsibility for The Fulfillment Basic Rights of Unprosperous people In Education Sector

In fact, there are still many people living in poverty where they cannot fulfil their basic needs, be it food or clothing, there are still many children who drop out of school which causes ignorance. Education is one of the things that can change a family to be prosperous, therefore the government is obliged to fulfil this right. The problem in this paper is what form of government responsibility to fulfil the basic rights of the unprosperous people in education? The writing method used is normative with more emphasis on positive legal norms in the form of statutory regulations. The result of the discussion of this writing is that education is the basic right of the unprosperous people fulfilled by the government. In carrying out its responsibilities, the government fulfils the basic rights of the unprosperous people in several programs. Education which is the basic right of the unprosperous people is provided by the social service through PKH, while the Education Office provides these rights through (PIP) As stated in Article 31 of the 1945 Constitution, the community is required to get an education and the government is responsible for this, with some Indonesian program has fulfilled the rights of the unprosperous people in education.

Penolakan Rektor Perguruan Tinggi Negeri dan Perguruan Tinggi Swasta atas Demands Deliverance Uang Kuliah Tahunan Mahasiswa yang Terdampak Akibat Virus Covid-19

This study aims to determine the response of the leadership of PTS and PTN rectors throughout Indonesia regarding the full exemption of UKT for students who are affected by the Covid 19 virus and the impact of criminal and civil law on leaders or higher education institutions. In the context of this problem, the authors see from the optical psychology of law aspects in the legal review process, with two approaches to religious norms and an approach with positive legal norms. Furthermore, to support the purpose of this study, the paradigm used in this study is the post-positivism paradigm. The results of the study show that, based on the formulation of the criminal provisions of Law No.12 of 2012 on Higher Education, criminal provisions are regulated for those who commit criminal offenses. Meanwhile, regarding administrative sanctions for PTS and PTN higher education institutions that violate it, they are subject to administrative sanctions. Of the various administrative sanctions that have been regulated, there are also no rules for PTS and PTN to get sanctions, if they do not give full UKT exemption to students. What is regulated relating to students is only in Article 76 (1) "the government, local governments, and / or tertiary institutions are obliged to fulfill the rights of economically disadvantaged students to be able to complete their studies in accordance with academic regulations.

JURIDICAL REVIEW OF HEALTH PERSONEL PROTECTION AS A LEADING GUARD IN EFFORTS TO ACCELERATE THE HANDLING OF COVID-19: A NARRATIVE REVIEW

Health workers who are handling patient of SARS-CoV-2 (Severe Acute Respiratory Syndrome Corona Virus 2) or better known as the Coronavirus are legal subjects who carry out their obligations properly at their leader command, ruled accordance with the legal corridors, obtained the law right and protected from positive legal norms. This narrative research aims juridical review for protection the health workers during coronavirus pandemic. Using literature that obtained by looking materials and sources that match the theme and related them. Protection of health workers as the frontline in efforts to accelerate the handling of the coronavirus pandemic. Civil Servants who served during the Covid-19 pandemic will get a promotion one level higher. The incentive budget for medical personnel comes from a budget reallocation that has been set by Mr. President Joko Widodo for 16.63 trillion in 2020. This award is in the form of compensation and for health workers who fail, the government awards “Bintang Jasa Pratama” and “Bintang Jasa Nararya”. The government provides protection by issuing various policies to protect health workers as the frontline in efforts to accelerate the handling of coronavirus disease 2019.
 
 Keywords: Health workers, legal protection, Covid-19.

Понятийно-терминологический аппарат правоведения и перспектива «машинизации» права: возможно ли представление правовых конструкций средствами λ-исчисления?

The article examines the problem of legal constructions’ interpretation in the context theory of Ȝ-calculus as logical foundation of modern programming languages. The purpose of the study is to show the methodological obstacles to the “machinezation” of law, caused by the specifics of jurisprudence’ conceptoterminological apparatus. The methodological basis of the research is represented by the philosophical concepts of knowledge, function and concept, the dialectical method, metascientific means of cognition (system approach, logical method of Ȝ-calculus), special methods of legal science (legal dogmatic and legal exegesis). The study concludes that the dogmatic principles of jurisprudence, the concepto-terminological apparatus of which largely determines the content of positive legal norms, impede the algorithmicization of legal constructions and, in current conditions, make it impossible to form the so-called "machine-readable" law

Perlindungan Hukum bagi Konsumen atas Pencantuman Klausula Eksoner dalam Bisnis Pinjam-Meminjam Uang Berbasis Teknologi Informasi di Indonesia

The purpose of this study is to analyze the legal basis for consumer protection and forms of consumer protection for the inclusion of exoneration clauses in financial technology peer to peer lending. This paper uses normative juridical methods for reviewing and analyzing the application of rules, regulations, and positive legal norms contained in the legislation. The analysis technique uses analytical prescriptive. The results of the study show that there are currently three regulations relating to consumer protection of Financial Technology Peer to Peer Lending in Indonesia, i.e. the Consumer Protection Act, Financial Services Authority Regulation Number 77/ POJK.01/2016 concerning Financial Technology Peer to Peer Lending, and the Law Number 11 of 2008 concerning Information and Electronic Transactions. The form of consumer protection for consumers over financial technology peer to peer lending with addition of clause exoneration is to impose sanctions on the organizer in the form of warning letters, fines, restrictions on business activities, and revocation of licenses granted by the Financial Services Authority. If through giving sanctions the consumer still feels disadvantaged, the consumer can resolve the problem through the District Court or outside the court by the Consumer Dispute Resolution Board.

Tanggung Jawab Rumah Sakit Swasta Dalam Pelayanan Kesehatan Bagi Peserta BPJS Kesehatan di Kota Mataram

Health services are provided through the form of medication and care. Health workers, medical and non-medical, are responsible for providing optimal service. Medical personnel, in this case doctors, have responsibility for the treatment that is being carried out. Treatment actions and determining needs in the treatment process are the authority of the doctor. In accordance with the formulation of the problem and the research objectives, this legal research uses a normative or dogmatic approach to law as its main approach, with the aim of examining its positive law in the sense of collecting, presenting, systematizing, analyzing, interpreting and assessing positive legal norms that protect people's rights. BPJS health participants. Health effort is any activity to maintain and improve health, which aims to create an optimal health plan for the community. The community has the same rights in gaining access to resources in the health sector, for this reason government hospitals and private hospitals are responsible for providing health services to the community. Private hospitals in collaboration with BPJS Kesehatan are required to provide health services to BPJS Kesehatan participant patients without discriminating against BPJS Kesehatan participants who are referred by first level health facilities, namely puskesmas and family doctors according to their interests

Continuous Criminal Accountability of Children as Perpetrators of Crimes of Decency

Crimes committed by children today are increasingly diverse, one of which occurs in the jurisdiction of the Kalianda District Court, namely children as perpetrators of decency in the Decision on the Case of Number: 01/Pid.Sus-Anak/2015/PN.Kla. This research uses a normative and empirical juridical approach. The type of data used is primary data and secondary data. Primary data were obtained from interviews and secondary data sourced from literature study. The results showed that criminal liability against children as perpetrators of decency was continuously carried out with actions in the form of returning the Defendant to his parents to be nurtured and educated. The aim of criminal justice is to focus on the best interests of children integrated into the system and model of juvenile criminal justice, promoting integration into positive legal norms and the enforcement of child law. The purpose of punishment is not punishment, but improvement in conditions, care and protection of children. The basis for judges' legal considerations in imposing criminal sanctions is the prosecutor's indictment, the purpose of punishment, things that are lightening and burdensome, as well as applying several theories of legal objectives namely legal certainty, usefulness and legal justice. Suggestions in this study are that Judges should maximize the penalties imposed on each perpetrator of crimes against children, bearing in mind that crimes against children in Indonesia continue to increase so that this can be one of the judges' considerations in providing maximum crimes against perpetrators of moral offenses against children.

LEGAL PROTECTION FOR PARKING SERVICE USERS KAPUAS REGIONAL REGULATION NUMBER 2 OF 2010 CONCERNING RETRIBUTION OF PARKING SERVICES AT THE EDGE OF THE PUBLIC


 
 
 The purpose of this study is to find the concept of the substance of the rules that do not harm the community from minor mistakes that are made repeatedly every day, without a good and clear solution, as well as the duties and roles of the Regional Government and related institutions in making it safe and comfortable for parking service users. in Kapuas Regency.
 The research carried out was normative legal research, namely research on the principles of law and the prevailing positive legal doctrine. performed analytically inductively. The process starts from premises in the form of known positive legal norms and ends with the discovery of legal principles and then doctrines. In this case, examining the legal norms in positive law using the statutory approach (Statute approach) which still needs to be rearranged, especially regarding the juridical consequences of the application of Kapuas District Regulation No. 2 of 2010 concerning Parking Service Retribution on the Side of Public Roads. In addition, this study uses a conceptual approach to examine existing problems by describing them as a comparison to the concepts contained in
 articles of legislation.
 Research Findings This is a business actor in the parking service business, both government-owned and private, who tries to shift the burden of responsibility to consumers for loss or damage to vehicles or consumer valuables in the parking lot managed by them. Of course this is contrary to Law No. 8 of 1999 concerning Consumer Protection.
 
 

KEWAJIBAN PERUSAHAAAN DALAM PELAKSANAAN TANGGUNG JAWAB SOSIAL (CORPORATE SOCIAL RESPONSIBILITY)

Companies in carrying out social responsibility (Corporate Social Responsibility) do not only pursue profit but have an obligation to develop ethics, habits that apply in the community and the quality of the community around the company. This type of research is normative juridical research. Normative juridical research is research focused on studying the application of positive legal norms or norms while the nature of the research is analytical descriptive. The research findings show the benefits of corporate social responsibility (CSR) as a form of business field commitment to carry out business activities based on ethical values ​​with the aim of providing balanced attention and contribution both to the internal parties of the company and to the community and other stakeholders in order to realize a sustainable and sustainable development process, concern for the environment, legal arrangements for corporate social responsibility, Law on environmental protection and management, Law on Investment, Law on Oil and Gas, Law on Mineral Mining, Law on PT. It is expected that the stakeholders of CSR interests to run by referring to regulations to realize environmental stewardship.

Criminal Liability in Environmental Crimes Committed by Corporations after the Supreme Court Regulation Number 13 of 2016 at Indonesia

Corporations are organized groups of people and / or properties, both in the form of legal entities or non-legal entities. In relation to the corporation as a legal subject in environmental crime, it is formulated in Article 1 number 32 of the Law Number 31 Year 2009 about Environmental Protection and Management, each person is an individual or business entity, both legal entities and non-legal entities. The context of corporate crime in the environment is still not solid enough to ensure corporations in criminal sanctions because there is no legal basis regarding the procedures for handling environmental crimes committed by corporations. The Supreme Court Regulation Number 13 of 2016 concerning Procedures for Handling Corporate Crime provides a basis for enforcement of criminal law, then the purpose of writing this article is to find out the form of criminal liability for corporations for environmental crimes and legal consequences after the Supreme Court Regulation Number 13 of 2013.The type of research used is legal research which is included in the normative legal research typology where this study focuses on positive legal norms in the form of legislation. The theory used by the author in analyzing is using the theory of criminal liability which is based on the principle of legality. The conclusions include: criminal sanctions that can be applied to corporations based on Article 4 of Supreme Court Regulation Number 13 of 2016 are in the form of criminal fines, additional crimes, and disciplinary actions except prisons and confinement. Last, the legal consequences of the application Article 25 Supreme Court Regulation Number 13 of 2016 with the principal criminal is a criminal fine and then the criminal added according to the law governing environmental criminal acts is the Law Number 32 Year 2009 concerning Environmental Protection and Management.

Kewenangan Kreditur dalam Menjual Obyek Jaminan Tanah dan Bangunan Letter C tanpa Melalu Lelang

The purpose of this study is to describe the authority of creditors to direct sell warranty objects in the form of land and building Letter C without passing the auction. This study uses normative juridical research methods that study and analyze the application of rules, acts, positive legal norms contained in legislation, jurisprudence, and contracts. This study uses a statutory approach, a conceptual approach, and a case approach. The results show that creditors are authorized to sell warranty objects in the form of land and Letter C buildings without auctions but through underhand sales.

PERLINDUNGAN HUKUM ATAS HAK KEKAYAAN INTELEKTUAL HASIL PENELITIAN DOSEN

Intellectual Property Rights (IPRs) defines as rights about the property arising of human intellectual abilities. The skills may include the field of technology, science, art, and literature. The law must be able to protect the intellectual work so the community can develop their creativity and ultimately leads to the successful goal of protecting IPRs. The aim of this study is to explore the legal protection of IPRs for the Lectures’ research findings. This study applies normative juridical research method that focuses on positive legal norms governing the Legal Protection of IPRs for lecturers’ research findings. The results of this study are (1) a substantive requirement that requires applied patent meets requirements include brand new product, inventive, applicable through the basic provisions of article 2 to 5 of Patent Law, and (2) Based on the existence of copyrighted books, as previously reviewed that the protection system adheres to automatically protection which means in order to obtain legal protection it is not compulsory for the creator to go through the registration process as the protection is existed since the work was created, such as books copyrights.

Relasi Konseptual Oposisi Makna Sumbangan Korporasi Pada Partai Politik Dalam Semiotic Square

Legal language can be utilised as a means to manipulate interests. A specific approach is needed to identify the potential distortion behind the text of positive legal norms. This study applies a legal semiotics approach. Through the semiotic square model, the potential for distortion at the conceptual level can be brought up to the surface. The result of the interpretation shows that Article 35 paragraph (1) letter c of Law Number 2 of 2011 on Political Parties has the potential to be a means for corporations to infiltrate their interests. The opposing conceptual relations of meanings that can come up include: the corporate contributions to political parties which can be used as a means to influence the economic policies that would only favour the corporations; demanding the regulations that only protect, facilitate and benefit corporate activities; as well as investment field for the corporations to request the licensing and project or tender facilities. In the end, political parties do not have the sovereignty, independency and integrity.

KEBIJAKAN POLSEK TIGADOLOK DALAM MEMBERANTAS PERJUDIAN DI KECAMATAN DOLOK PANRIBUAN

Gambling is every game that bases the hope for a win generally depends only on luck. The expectation will increase because of intelligence and custom players. One area that many people commit the crime of gambling is Tigadolok police station area. The problem discussed in this journal is, how the role of the government in tackling was gambling in Tigadolok, what factors caused the people to commit the crime of gambling, how the policy of Tigadolok police station police forces tried to tackle gambling in Tigadolok. The method of research in writing this journal was empirical and normative legal research, which basically focused on research in the field and positive legal norms in the form of legislation relating to the cases in the study the mechanism of the police in combating gambling. The results showed that there was a gambling criminal case in the territory of the Tigadolok police station, with the number of cases from the year of 2013- 2018 as many as 20 cases. The conclusions were that many efforts done in combating the disease pathology among them was through awareness about the laws governing the crime of gambling, and the main factor for the people committed the crime of gambling was the economic factors where people think that with gambling they could earn additional money for the family income, while police conduct the socialization of Bhayangkara Public Order and Safety Trustees (BABINKAMTIBMAS)

ANALISIS PERBANDINGAN PUTUSAN PEMIDANAAN TERHADAP PELAKU TINDAK PIDANA PERDAGANGAN ORANG (T.P.P.O) (STUDI PUTUSAN NOMOR 632 K/PID.SUS/2016 DAN PUTUSAN NOMOR 1447K/ PID.SUS/ 2016)

Human Trafficking is an act of recruitment, shelter, sending, transferring, or accepting someone with the threat of violence, using violence, kidnapping, confinement, counterfeiting, fraud, abuse of power or vulnerable positions, debt bondage or paying or benefits, so obtain approval from the person who holds control over the other person, whether carried out within the state or between countries, for the purpose of exploitation or to result in exploitation (Law Number 21 of 2007 concerning the Eradication of Crimes in Trafficking in Persons).
 This study aims to analyze aspects of judges' consideration of the criminal termination of perpetrators of trafficking in persons in Decision Number 632.K / PID.SUS / 2016 and Decisions Number 1447.K / PID.SUS / 2016, covering juridical, philosophical, and sociological aspects. Juridical aspects are based on the existing legal umbrella and judge as the applicator, sociological aspects, namely the application of the law concerning the values ​​of society in order to create legal justice, and philosophical aspects that are based on the value of truth and justice.
 This research is a type of normative juridical research that focuses on studying the application of positive legal norms or norms.
 The problem in this study regarding the basis of the judge's consideration in imposing criminal sanctions against perpetrators of trafficking in persons and the comparison of judges' considerations related to criminal imposition of perpetrators of human trafficking in decisions No. 632.K / PID.SUS / 2016 and Decisions Number 1447.K / PID.SUS / 2016.
 From the results of this study indicate that, the application of the law where the judge as the applicator is in accordance with the values ​​of the law, and the community, but still very minimal or the need for more policies on victims of trafficking, namely the right to restitution (restoration of the rights of victims from trafficking).

HARMONISASI NORMA HUKUM BAGI PERLINDUNGAN HAK KEPERDATAAN ANAK LUAR KAWIN DALAM SISTEM HUKUM INDONESIA

Communities and laws have long discriminated against children outside of marriage. This causes out of wedlock children to get a negative stigma in their daily lives. People call it with various terms such as: “anak haram”, “haram jadah”, “anak kowar”, “anak astral” and so on. Until now Indonesian law distinguishes the status, position and rights of children out of wedlock. An urgent issue to be resolved is disharmony in written legal norms that regulate the protection of children outside of marriage. The research objective is to evaluate and harmonize the legal norms that exist in the field of protection of civil rights of non-married children. Harmonization of these legal norms is based on the practice of legal protection, doctrine, and written norms that are directly related to the protection of extramarital children in Indonesia. This research is a complement to the dissertation. In this research, an inventory of positive legal norms in the field of status and position of out-of-child children, legal practices relating to the protection of children outside of marriage and the relevant legal theory to see the possibility of protection of children's rights. In this research, mapping of norms and institutions will be conducted to find out the parts that are conflicting / incompatible with each other, as a basis for formulating harmonization of laws and regulations in the field of status and position of children outside of marriage. From this harmonization, it is expected that norms that need to be revised will be found and formulas for norms that provide protection for civil rights for married children in Indonesia. Outputs are in the form of: draft dissertations that have been approved by promoters, reputable international scientific publications, accredited national publications, speakers of national and international meetings, and additional outputs in the form of draft reference books.

Optimalisasi Akad Mudharabah Dalam Perbankan Syariah

The principle of mudharabah is a unique part of Islamic banking products, because it has a philosophical difference between the conventional banking system and Islamic banking which adheres to the principle of profit or loss. Mudharabah is a partnership business covering capital owners (Shahib al-mal) and business actors (mudharib), aiming to gain profit (al-ribh) and divided according to agreement in the contract. This research is library research. While this research approach uses a statute approach, because the problems in this study are approached with positive legal norms and Islamic law. The purpose of writing scientific papers is to determine the extent to which Islamic banking in optimizing Mudharabah contracts as products in Islamic banking. The results of this study are one of the institutions that can guarantee the continued maintenance of compliance with Sharia or Islamic law is the DSN-MUI which gives sharia compliance compliance authorities (Shariah Compliance) is the Sharia Supervisory Board (DPS). The implementation of the Mudharabah contract in the Islamic banking system is one form of banking compliance with the sharia principles that DPS-MUI has applied to Islamic banking.