Promulgation Of Law Research Articles

Kebijakan Pidana Mati Terhadap Pelaku Tindak Pidana Narkotika Di Lingkungan Prajurit TNI

Regulation on the eradication and countermeasures of narcotics and psychotropic substances (drugs) in Indonesia is known for very strict sanctions in the form of death penalty for drug dealers and dealers who meet certain criteria. Globally, death penalty sanctions pose pros and cons. For those who are against the death penalty is considered contrary to human rights values, while for those who are pro, consider that human rights have restrictions, namely respect for other human rights. In law enforcement against TNI soldiers involved in the circulation of narcotics and psychotropic substances, in addition to being guided by the criminal law that applies to everyone, there are also additional criminal sanctions stipulated in the Criminal Code. In addition, the thing that differentiates is the mechanism and procedure. For the general public, it is processed through the general court, while for soldiers it is processed through the military justice mechanism. The development of death penalty sanctions has shifted with the promulgation of Law No. 1 of 2023 concerning the Criminal Code which will take effect from January 2, 2026.

Muzakki Preference Analysis to Pay Zakat Through Traditional Zakat Institutions in the 5.0 Era

Based on BAZNAS data, the collection of zakat funds in 2019 reached Rp. 10,227,943,806,555. This amount is still not comparable to Indonesia’s zakat potential in 2019 which reached Rp. 233.8 trillion. The wide disparity between collection and the potential for zakat funds is a “homework” for the BAZNAS function. In addition, it also demands the need to improve the performance of BAZNAS in carrying out its institutional functional responsibilities. The method used in this research is qualitative. The research used in this includes field research. The study suggests that traditional zakat institutions could be a viable option for the community to distribute zakat. However, these institutions need to obtain a decision letter from the authorities as legal proof for collecting and distributing zakat to muzakki. So, if the community chooses to distribute their zakat to mosques, it is recommended that the mosque has been registered as UPZ as an extension of BAZNAS in the community so that in paying zakat the community does not violate existing regulations. Regulating the people is one of the maslahah dharuri that must be fulfilled. The government is realized to fulfill the world’s maslahah for its people, so the afterlife mashlahah will not be realized if the world’s maslahah is not fulfilled, with the promulgation of Law No. 23 of 2011 concerning zakat management, which in the law is regulated by BAZNAS as a traditional zakat management institution. So, the obligation of every Muslim to pay zakat should be channelled through BAZNAS as the national zakat institution.
 Keywords: zakat, BAZNAS, regulations

The Impacts of Bankruptcy and Judicial Recovery Law Reform on the Liability of Managers of Companies under Judicial Recovery

The responsibility of partners and administrators for the company’s obligations in the context of Judicial Recovery and Bankruptcy has gained specific contours following the promulgation of Law No. 14,112/2020, which amended Law No. 11,101/2005 (the Recovery and Bankruptcy Law). Through bibliographic and qualitative research, this article aims to evaluate, from the perspective of fiduciary duties, the limits of administrators’ responsibility regarding the company’s obligations in recovery, through an analysis of the changes introduced by Law No. 14,112/2020 and their effects. Therefore, it is understood that mere non-compliance or any “bad decision” will not impose liability on administrators. It is essential for there to be a breach of fiduciary duties of diligence, loyalty, and information to trigger the accountability action or the incident of disregarding the legal personality, always in an exceptional manner, prioritizing the independence of the company’s management and excluding the previously applicable jurisprudential application.

The Internationalization of Local Government’s Actions in Cameroon: Opportunities and Challenges

This paper examines the international action of local governments since the promulgation of decentralized cooperation law in Cameroon. Following the promulgation of law, No 2004/017 of 22 July 2004 on the orientation of decentralization in Cameroon and the eventual signing into act of decree no. 2011/1116/PM of April 2011 fixing the modalities on decentralized cooperation, it was hoped that local governments in Cameroon were going to excel in international cooperation. In reality, for the past decades, the implication of local governments in international affairs and cooperation has gradually increased in the past decades. The increasing involvement of local governments in foreign policy and foreign relations activities is usually labeled as paradiplomacy. Not only has paradiplomacy spread to subnational or local governments across the world, but the range of issues addressed by local governments is far beyond economic policy, connecting to intermestic issues such as border security, energy, environmental protection, human rights, urbanization, governance, climate change, and migration. The main objective of this paper is to examine the degree of implication of local governments in Cameroon in paradiplomacy authorized by the decentralized cooperation decree of 2011. The main argument sustained in this paper is that despite the shortcomings of the 2011 decentralize cooperation decree in Cameroon, this law represents an opportunity for local governments in Cameroon to internationalize their actions and better position them in the dynamic world where the role of local government through diplomacy is gradually gaining more grounds. In fact, by engaging in international cooperation, Cameroonian local governments could secure more development partners and resources rather than depending solely on the limited subsidies from the central government.

MODEL KOMUNUIKASI INTERPERSONAL SPONSOR DENGAN CALON PEKERJA MIGRAN KABUPATEN CILACAP PADA SAAT REKRUITMEN

The recruitment of prospective Indonesian migrant workers in Cilacap Regency is still being carried out by sponsors (brokers). In fact, after the promulgation of Law No. 18 of 2017 and published of PP No 59 about the Implementation of Protection for Indonesian Migrant Workers, the recruitment of prospective migrant workers is carried out by Indonesian Migrant Worker Placement Companies, hereinafter referred to as P3MI, which of course has a branch in the City District.
 Interpersonal communication as a communication model used by brokers in Cilacap Regency to carry out recruitment, greatly influences the attitudes and decisions of prospective migrant workers to work as migration. This research method uses qualitative analysis. The result of this research is that there is a symbiosis of mutualism, or to be precise, there is a dependency of prospective migrant workers on brokers because they are blind about everything about work migration procedures.

Legal Protection of Persons with Disabilities as a Management of Guarantee on Human Rights

Human rights are universal and fundamental to all human beings. Human rights are rights that are inherent in the human person since birth that are used to maintain their dignity and human values. These rights must be believed to be gifts or gifts from God Almighty which no one has the right to rob, remove or revoke these rights. In Indonesia, with a very high population, the existence of persons with disabilities cannot be denied. Disability can occur due to health problems that arise from birth, chronic or acute illnesses, and injuries that can be caused by accidents, wars, riots, disasters, and so on. Persons with disabilities make us realize that they are human beings who are given physical deficiencies, but are not different people. The existence of persons with disabilities is a minority who must receive guarantees for their survival. In Indonesia, persons with disabilities have been given legal protection, namely the promulgation of Law no. 8 of 2016 concerning Persons with Disabilities which provides legal protection for persons with disabilities, but is still not fully able to fulfill the basic rights of persons with disabilities, including the right to legal protection, the right to obtain decent work, the right to education and so on. For this reason, this paper aims to find out about how legal protection is given to persons with disabilities in Indonesia.

THE ROLE OF ADAT FOREST AND ADAT LAW COMMUNITY IN ENVIRONMENTAL PROTECTION IN INDONESIA

The environment needs protection from destruction conducted by irresponsible people. Indonesia is a country full of many adat law communities. These communities usually live far from the big city. Most of them stay in a village near forests. The need for a modern living sometimes destroys the forest. The research aims to discuss adat forest in Indonesia and the role of adat law communities in protecting the environment surrounding the forest from damage and destruction after the promulgation of Law No. 11 of 2020 regarding Work Creation that amended the Law No. 41 of 1999 regarding Forestry and Law No. 32 of 2009 the Protection and Management of the Environment. The research is normative legal research that focuses on studying legal norms on environmental protection by creating adat forest within the adat law community. Secondary data are used in the research. The analysis will be conducted qualitatively. The findings showed that Law No. 11 of 2020 regarding Law Creation clearly defines and distinguishes the obligations of the Central Government, Provincial Government, and District Government/the Mayor of a City in providing the role of adat law community in environmental protection. This, however, has contributed to the role of the adat law community in protecting adat forest from an environmental point of view.

MAIN LEGAL PRINCIPLES OF ADMINISTRATIVE COURT PROCEDURAL LAW

Three decades since the promulgation of Law no. 5 of 1986 concerning Administrative Court, developments in the procedural law of administrative courts are numerous and occur rapidly. However, with the rapid and many developments, there are still misunderstandings about the main principles of procedural law that apply in administrative courts. Therefore, this paper tries to re-explain the principles of procedural law in administrative courts. The writing method used in this research is a legal-normative approach using a statutory approach and a conceptual approach. This paper uses the legal-normative method, namely an approach based on legal materials by examining concepts, theories, legal principles and legislation, as well as literature related to the paper. It is found in this paper that the main legal principles in administrative court can be grouped into two, namely the principles related to formality and the principles related to the settlement of the dispute.

REGULATION OF THE MAKASSAR STRAIT USE AS A WORLD STRATEGIC ROUTE

The world sea lanes of communication passes through seven straits which are politically and economically very strategic because they involve the survival of a number of countries where four of these waters are within Indonesian sovereignty, namely the Malacca Strait, the Sunda Strait, the Lombok Strait, and the Strait. Makassar. The purpose of this paper is to analyze regulations relating to the use of the Makassar Strait. This type of research is normative legal research using a statutory approach. Data collection techniques used are document studies or library materials, all data collected are analyzed qualitatively, then described to answer the problem. The results show that the birth of the 3rd United Nations (UN) Convention on the Law of the Sea (United Nation Convention on the Law of the Sea / UNCLOS), December 10, 1982, was the beginning of the birth of the law of the sea which recognized the concept of an archipelago state. The Government of the Republic of Indonesia then ratified the convention with the Law of the Republic of Indonesia No. 17 of 1985. Then the promulgation of Law No. 6 of 1996 on Indonesian Waters, as well as Government Regulation No. 37 of 2002 concerning the Rights and Obligations of Foreign Ships and Aircraft in Implementing the Right of Archipelagic Sea Lane Passage through Designated Archipelagic Sea Lanes. The latest regulation is that the Government has issued Presidential Regulation No. 83/2020 concerning the Zoning Plan for the Makassar Strait Interregional Area, which is the entire Regulation Relating to the Use of the Makassar Strait. Therefore, the potential threats in each of the Indonesian Archipelago Sea Lanes must be handled properly, especially in the Makassar Strait area which will become a future transshipment, given the current density of the Malacca Strait.

Wakaf Keluarga Perspektif UU No. 41 Tahun 2004 dan Maqasid Al-Usrah Jamal Al-Din Atiyyah

Waqf is part of Allah’s command for those who have excess wealth. The rewards of waqf will continue to flow even after the perpetrator dies, as long as the waqf benefits others. In its development there are two categories of waqf, namely family waqf (dzurri) and khairi waqf. Family waqf is related to benefits intended for nasab or families and their descendants. Several countries have removed this type of waqf practice because it is considered not to provide benefits to the general public, because it focuses on the family only. In fact, waqf should be one way to improve the people’s economy because it is included in the Islamic philanthropy section. This study used qualitative research methods. This method provides an overview and describes several findings in the field, especially in this study related to the practice of family waqf in Indonesia. As a result, Dzurri waqf was recognized with the promulgation of Law no. 41 of 2004 concerning Waqf. However, in terms of management, the rules are still unclear. So prone to conflict. To reduce conflict, the Waqf Pledge Deed must clearly contain nazhir and mustahik. It is recommended that management be carried out productively in order to provide more benefits for mustahik. While the dzurri waqf in the view of maqasid al-usrah Jamal Al-Din Atiyyah includes three things, namely Hifz tadayyun fi al-usrah, Tandzim Al-Janib Al-Mali Li Al-Usrah, Tandzim Al-Janib Al-Mu’Assati Li Al Usrah.

PERJALANAN REFORMA AGRARIA BAGIAN DARI AMANAH KONSTITUSI NEGARA

The author examines and describes how agrarian reform is realized during different government periods. To do that, policy, and legal documents, directly or indirectly related to agrarian reform, is analysed. This research reveals that attempt at agrarian reform up to present is focussed developing policies aiming to restructure land ownership and utilization (land reform). Another finding is that the promulgation of Law No. 11 of 2020 (Law on Job Creation) tends to shift the focus more on granting easy access to land for development purposes. This change of policy priority will have dire consequence to access to land for the poor and most likely increase agrarian conflicts.

AKAD MUDHARABAH SEBAGAI INSTRUMEN PENDANAAN DAN PEMBIAYAAN DI LEMBAGA KEUANGAN SYARIAH

Abstract: Islamic financial institutions grow and develop in Indonesia in line with regulations issued by the government after the promulgation of Law no. 21 of 2008 concerning Islamic Banking. This study aims to discuss the Mudharabah Instrument agreement as Funding and Financing in Islamic Financial Institutions. This research includes using normative juridical methods and qualitative approaches. Data sources refer to books, documents, and other relevant written sources. The results of this study indicate that although mudharabah is not explicitly presented in the Al-Qur'an and As-Sunnah, most of the scholars are considered as the operational foundation of Islamic financial institutions. However, the development of the Mudharabah Akad Concept in Islamic Financial Institutions is still needed by the concept of modern economic development.

Electronic Evidence in Criminal Procedural Law

The development of technology and information encourages law enforcement officials to be able to maximize case handling, such as investigations by utilizing electronic evidence. Electronic evidence has its own uniqueness, which is different from other general evidence such as objects that can be seen with the naked eye and the touch. Since the promulgation of Law No. 11 0f 2008 (ITE Law), there is an expansion of the types of evidence at court, namely electronic information and / or electronic documents. This research is a normative study using a statutory approach. The legal materials used are primary and secondary legal materials. Based on the results of this study that based on the provisions of the Marketplace 183 KUHAP, it can be concluded that the Criminal Procedure Code adheres to a negative law-based proof system and based on Article 5 paragraph (1) and paragraph (2) of the ITE Law that Electronic Information and / or Electronic / or the printout is valid legal evidence. Keywords : Electronic Evidence, Evidence Systems, Evidence Tools. DOI: 10.7176/JLPG/104-01 Publication date: December 31 st 2020

A Challenge for Palliative Psychology: Freedom of Choice at the End of Life among the Attitudes of Physicians and Nurses.

This article considers a particular aspect of palliative psychology that is inherent to the needs in the area of attitudes concerning Advance Healthcare Directives (AHDs) among Italian physicians and nurses after the promulgation of Law No. 219/2017 on AHDs and informed consent in 2018. The study utilized a mixed-method approach. The group of participants was composed of 102 healthcare professionals (63 females and 39 males). The quantitative part utilized the following scales: Attitudes toward Euthanasia, the Religious Orientation Scale, the Balanced Inventory of Desirable Responding, and the Testoni Death Representation Scale. The results were mostly in line with the current literature, especially concerning a positive correlation between religiosity and the participants’ rejection of the idea of euthanasia. However, the qualitative results showed both positive and negative attitudes towards AHDs, with four main thematic areas: “Positive aspects of the new law and of AHDs”, “Negative aspects of the new law and of AHDs”, “Changes that occurred in the professional context and critical incidents”, and “Attitudes towards euthanasia requests.” It emerged that there is not any polarization between Catholics or religious people and secularists: Their positions are substantially similar with respect to all aspects, including with regard to euthanasia. The general result is that the law is not sufficiently understood, and so a quarter of the participants associate AHDs with euthanasia. Discussions on the opportunity for palliative psychologists to help health professionals to better manage these issues through death education courses are presented.

PROMULGATE STRONG LEGAL FRAMEWORK FOR CHILD PROTECTION AGAINST OFFENCES OF TORTURING, ABUSING, OR KILLING

Abstract
 The killing and torturing innocent children even infants can be traced from ancient times ofMoses. The burial of alive innocent girl babies under ten happened frequency at early times ofpronouncement of Prophet-hood by Muhammad peace be upon him. Presently, enormous andmassive incidents of torturing, abusing and killing are occurring and being reported in allsubcontinents. Recently a father killed two years son by hanging, because he was asking forfood. These offences are increasing particularly with primary and middle level school boys andgirls. A boy of 10 years was raped several times in a religious school by the teacher and hisaccomplices. Who will care for children the Law or parents or Law enforcement Agencies? Thesequence in such offences is first abduction then physical torture, molesting and abuse ofchildren and finally killing. The dead body is mutilated and thrown to public places to terrifypeople. The ‘modus oprandii’ of offenders vary from offence to offence. About three decadesback a serial killer in Pakistan abducted and killed (confirmed) 100 innocent children. The casestudy of this offence is presented in this research paper. The need of the day is to promulgatestrong legal framework for child protection against offences of torturing, abusing, or killing.Merely, the legislation cannot alone overcome such offences in the society. The infliction ofdeath penalty publically for some offences in Saudi Arabia, Korea and other countries has adeterrent impact on the society. The death penalty as well as public hanging, unfortunately isbanned in most of the countries. A large number of cases of torturing, abusing and molestingchildren admitted in religious school hostels are reported but neither action is taken by Lawenforcement agencies nor highlighted in press and media. The need of strong promulgation oflaw is also required to deal with gangs involved in children trafficking and selling human bodyparts obtained after killing them. The effects of child abuse are extremely harmful for thesociety, in whatever form it may be physical, sexual or emotional. It must be dealt with stronglegal framework.

CYBER-NOTARIES FROM A CONTEMPORARY LEGAL PERSPECTIVE: A PARADOX IN INDONESIAN LAWS AND THE MARGINAL COMPROMISES TO FIND EQUILIBRIUM

Notaries in Indonesia have existed since the colonial period. Changes in technology and the continuous evolution of information bring a flow of change in all aspects of life, including the legal sector. However, the position of notaries in Indonesia has not undergone significant changes despite ongoing advancements. The promulgation of Law No. 2 of 2014 formally introduced the term “cyber notary” to Indonesian law. However, the idea of cyber notary is not practical because of legal obstacles that seem to form a legal paradox. This work analyzes the position of cyber notaries in Indonesia’s positive legal order and the challenges, adaptations, and compromises actually made to implement cyber notaries in Indonesia. Normative–juridical legal research is adopted as a research method by examining various legal theories and performing comparisons of related laws. This work also presents examples of successful cyber notary implementations from several countries. Results reveal that the implementation of cyber notaries in Indonesia has yet to meet expectations because interrelated laws still create legal paradoxes. This condition results in the inability of notaries in Indonesia to fully evolve into cyber notaries. Recommendations for stakeholders are presented as valuable insights.

La lucha por la paz y el progreso con justicia social: Compromisos revolucionarios promovidos por el Gobierno de Reconciliación y Unidad Nacional en Nicaragua

El presente ensayo es personal argumentativo y tiene por objetivo exponer los cambios más significativos en cuanto a la lucha por la paz y el progreso con justicia social en Nicaragua a partir del año 2007 con la administración del Gobierno de Reconciliación y Unidad Nacional (GRUN), liderado por el Comandante Daniel Ortega Saavedra y la compañera Rosario Murillo Zambrana. Es decir, la transición de un período de 16 años con gobiernos serviles a los intereses del imperio estadounidense, quienes promovieron políticas neoliberales que sumergieron al País en el atraso, la dependencia económica y la desigualdad social, a un período de lucha por la paz y el progreso con justicia social promovido por el GRUN por medio de la ejecución de Políticas y Proyectos Sociales y Públicos, con alianzas de cooperación y acuerdos comerciales con otros Países, y con la promulgación de la Ley N° 985 (Ley para una cultura de diálogo, reconciliación, seguridad, trabajo y paz).

PERGESERAN KOMPETENSI PERADILAN TATA USAHA NEGARA PASCA DIUNDANGKAN UNDANG-UNDANG NOMOR 30 TAHUN 2014 TENTANG ADMINISTRASI PEMERINTAHAN

One of the characteristics of State Administrative Law, among others, states that the field of state administrative law is difficult to codify because its arrangements are scattered in various institutions / institutions / government agencies. However, difficult does not mean it can not be done. The promulgation of Law 30 of 2014 concerning Government Administration proves that there has been a codification of the law governing the practice of government administration, therefore it is expected to be able to reinforce the existence of the State Administrative Court in administrative law enforcement. Through this paper, the author tries to explain the authority of the State Administrative Court after the Government Administration Act. This research uses the Normative Juridical Approach method, by tracing, examining the object of research through its legal principles, through its laws and legal history, which is used to find out the rationale, background of the legislation that is the object of research, namely the Law 30 of 2014 concerning Government Administration. So at the end of this study it can be concluded that the enactment of Law Number 30 of 2004 concerning Government Administration has increasingly complemented and strengthened the role of the State Administrative Court in the order of administrative law in Indonesia, and as a legal political basis for law enforcement in state administration

DESCREVENDO 32 VOLTAS AO REDOR DE RÁ: FRAGMENTOS DE EXPERIÊNCIAS VIVENCIADAS POR UM BIÓLOGO NEGRO DESDE SUA GRADUAÇÃO EM 1982/1986 À SUA TITULARIDADE EM 2018

Describing 32 laps around Ra: fragments of experiences of a black biologist from his undergraduate course in 1982/1986 to his title in 2018. Abstract: In this article, I present some phases of my career as a professor / activist and researcher. Over 32 laps around Ra, I completed my undergraduate course in Biological Sciences (1986), the Master´s Degree in Cell Biology (1988) and the Doctorate in Biochemistry (1999), respectively, at UEL, UNICAMP and USP. I started my career as a university professor at Unicamp. Since 1989 I have been working at UFPB with teaching, research and extension activities. I gradually began to include in my class programs and projects themes related to the black population health even before the promulgation of Law 10.639 / 2003. Throughout this period as a university professor, in addition to reorganizing and reorienting my formative process making it racially engaged, I had the opportunity to contribute to the students´ training in Biological Sciences, Pharmacy, Medicine, Nutrition, Psychology, Physiotherapy and Physical Education with topics and subjects related to the black population. I also worked in articulation with the Black Social Movement, so that it also provided me with some publications. After 29 laps around Ra, in December 2018, I conquered the position of Full Professor. Keywords: Teaching career. Law 10.639 / 2003. Biology Teaching. Black Population Health

Democratizing Platform Privacy

The online platform political economy — that is, the interrelationship of economic and political power in the exchange of online services for personal information — has endowed platforms with overwhelming power to determine consumers’ information privacy. Scholarship on information privacy has focused largely on the economic problem: individual consumers do not obtain their “optimal” level of privacy due to a bevy of market failures. This manuscript presents the political problem: platforms’ hegemonic control over consumers’ information privacy renders the rules they impose illegitimate from a democratic perspective. It argues platform hegemony over consumers’ information privacy is a political problem, in the first instance, due to the social foundations of normative information privacy and the social character of personal information. Though problems affecting society in this manner are typically met with government intervention, through the promulgation of law, or class-action litigation, neither of these safeguards have effectively protected consumers’ information privacy. Rather than empower consumers to determine their information privacy norms and how to protect them, their reliance on self-regulation through notice and consent have empowered platforms to make these determinations unilaterally. In light of these failures, this manuscript explores the remaining alternative: the democratic legitimization of information privacy within the existing private governance system. To this end, it proposes that industrial democracy, as a method of legitimating employer hegemony in the labor political economy, can frame a preliminary understanding of platform democracy with respect to information privacy. The manuscript describes the late nineteenth and early twentieth century labor political economy and highlights its congruencies with and differences from the platform political economy. It then presents foundational elements of industrial democracy, which introduced democratic structures to the labor political economy, and analyzes their application to the platform political economy. Ultimately, this manuscript concludes that, with certain alterations and adaptations, the structures that formerly aimed to democratize labor can likewise democratize the private governance of information privacy.