Republic Of Indonesia Law Number Research Articles

Analysis of the Mechanism of Restitution and Its Impact on the Financial Recovery of the State Due to Corruption Offenses

This research aims to examine the effectiveness of the restitution mechanism, as regulated in Article 18 of Law Number 31 of 1999 on the Eradication of Corruption, as amended by Republic of Indonesia Law Number 20 of 2001 on Amendments to Law Number 31 of 1999 on the Eradication of Corruption, in reducing state financial losses due to corruption offenses. This study examines the implementation of the restitution process and its impact on state financial recovery using a qualitative normative juridical method. The researcher demonstrates that imposing restitution as an additional sanction is crucial in recovering state financial losses caused by corruption. However, challenges arise in the form of substitutionary penalties that reduce the effectiveness of restitution, as well as the tendency of offenders to choose imprisonment over fulfilling their obligation to make restitution. The lack of coordination among relevant parties also affects the implementation of restitution. To enhance the effectiveness of restitution, a comprehensive approach is needed, strengthening legal compliance and coordination among law enforcement agencies, judicial institutions, and auditing institutions. By addressing these challenges, the restitution mechanism can significantly contribute to reducing state financial losses caused by corruption

Criminal Sanctions for Coral Reef Destroyers Tomia Island Study, Wakatobi Regency

In general, damage to coral reefs in the Tomia Wakatobi area is caused by human activities, including fishing methods using explosives, disposal of plastic waste which causes pollution of the marine environment and other fishing methods that are not environmentally friendly which cause coral damage. This research uses empirical normative law research methods, which are legal research conducted by researching library materials or secondary data, normative legal research is also called doctrinal legal research. Peter Mahmud explained that normative legal research is a process to find a rule of law, legal principles, and legal doctrines in order to answer the legal issues faced. In this type of legal research, law is often conceptualized as what is written in legislation or regulations. The law is conceptualized as a rule or norm which is a benchmark for human behavior that is considered appropriate. The result of this study is that the regulation of sanctions for perpetrators of coral destruction is regulated in laws, including the Republic of Indonesia Law Number 31 of 2004 concerning Fisheries, which is specifically regulated in Article 84 paragraph (1) and Law no. 27 of 2007 concerning the management of coastal areas and small islands, in article 35 letters a, b, c, and d everyone is directly or indirectly prohibited from mining coral reefs that cause damage to coral reef ecosystems, taking coral reefs in conservation areas. The inhibiting factors in preventing coral destruction are the lack of public awareness and lack of supervision.

Determination of Spatial Planning Area Criteria in the Perspective of Regional Autonomy to Ensure Sustainability of Land Resources

Regional spatial planning is an operational technical policy that must be implemented by local governments in an effort to make spatial planning into areas that regulate the use and or management of natural resources and the environment for various life interests. Its existence as a reference for regional economic development planning. A harmonious and balanced regional arrangement between protected areas and cultivation areas, as well as a harmonious and balanced arrangement within an area, must be able to accommodate all the interests of regional economic development optimally. This condition is a basic requirement for planning and implementing sustainable development. The importance of a balance between economic growth and environmental preservation is a concept that reflects sustainable development. Sustainable development is basically a development strategy that provides a kind of threshold at the rate of utilization of natural ecosystems and the natural resources contained therein. Aspects underlying the arrangement of the area include legal aspects, physical aspects, aspects of regional production capability, and aspects of regional economic capacity that can provide legal guarantees and the continued use of the area. As usual, land use planning starts from the preparation of a Regional Spatial Plan (RTRW) as a mandate from: 1) Republic of Indonesia Law Number 26 of 2007 concerning Spatial Planning; 2) Republic of Indonesia Law Number 32 of 2004 concerning Regional Government; and 3) Republic of Indonesia Government Regulation No. 26/2008 concerning National Spatial Planning with the same goal, which is to increase and accelerate Indonesia's economic development. Approval of the substance by the Minister is based on an evaluation of the criteria of the area that forms the spatial pattern of the cultivation area. The assessment is determined by a ministerial decree from the Ministry of Forestry, the Ministry of Agriculture, the Ministry of Mining, and the Ministry of Public Works and Regional Prasana Settlements. However, there is an impression that each Ministry in establishing regional criteria does not coordinate between sectors and does not involve local governments, as mandated by the principle of autonomous governance as stated in Government Regulation number 38 of 2007 concerning Division of Government Affairs between Governments; Provincial Government, and Regency/City Government, mandate that central government policy-making must involve local governments. This study was conducted to analyze the policy to determine the criteria of the area in accordance with the functions and capabilities of the land so that it can be a clear baseline and agreed upon by each development sector and can be agreed between sectors and between Ministries, the Provincial Government, and Regency / City Governments.

PROTECTION OF WOMEN’S REPRODUCTIVE HEALTH RIGHTS BASED ON INTERNATIONAL LAW AND REGULATION ON LAWS IN INDONESIA

Women’s health is one of the 12 critical issues stipulated in the Declaration and Action Plan of the Fourth International Conference on Women in Beijing in 1995 until now the issue of reproductive health in Indonesia women are still the main study given the high mortality rate of women caused by disorders of the reproductive organs. This research focuses on the Protection of Women’s Reproductive Health Rights Under International Law and Legislation in Indonesia. This type of research used in this study is normative legal research sourced from primary, secondary, and tertiary legal material whose data collection is carried out by library study techniques.The results of the study indicate two things: (1) Protection of women’s reproductive health rights in international law is found in International Covenant on Civil and Political Rights; International Covenant on Economic, Social and Cultural Rights; Convention on the Elimination of All Forms of Discrimination Against Women and the International Labor Organization (ILO Convention) Number 183 of 2000 concerning Protection of Pregnancy. Action plans for women’s reproductive health rights include the Fourth World Conference on Women Beijing; International Conference on Population and Development Cairo; Sustainable Development Goals or SDGs. (2) Protection of women’s reproductive health rights in legislation in Indonesia is regulated in; The 1945 Constitution of the Republic of Indonesia; Republic of Indonesia Law Number 39 Year 2009 concerning Health; Law Number 39 Year 1999 concerning Human Rights; the Republic of Indonesia Law No. 13/2003 concerning Manpower; the Law of the Republic of Indonesia Number 35 of 2014 concerning Child Protection. National policies related to reproductive rights include Government Regulation Number 61 of 2014 concerning Reproductive Health; Regulation of the Minister of Health of the Republic of Indonesia Number 43 of 2016 concerning Minimum Service Standards in the Field of Health. Regional policies related to Reproductive Health include Lampung Province Regional Regulation Number 17 of 2014 concerning the Provision of Exclusive Breast Milk.

ETIKA PROFESI GURU PENDIDIKAN ANAK USIA DINI DI KECAMATAN PADANG TIMUR KOTA PADANG

Penelitian ini bertujuan untuk mengetahui etika profesi guru pendidikan anak usia dini di TK se Kecamatan Padang Timur Kota Padang. Penelitian ini menggunakan metode deskriptif bersifat analisis. Responden yang terlibat meliputi guru, dan kepala sekolah. Untuk populasi sasaran dalam penelitian ini adalah guru-guru Taman Kanak-kanak di Kecamatan Padang Timur, Kota Padang pada 5 Lembaga Taman Kanak-kanak dengan jumlah 41 sampel. Pengumpulan data dilakukan melalui observasi atau pengamatan, wawancara dan dokumentasi. Hasil dari penelitian menunjukkan bahwa dalam etika guru pendidikan anak usia dini, yang didasarkan Undang-undang RI Nomor 14 tahun 2005 tentang Guru dan Dosen juga Keputusan Kongres XXI Persatuan Guru Republik Indonesia Nomor : Vi /Kongres/Xxi/Pgri/2013 tentang Kode Etik Guru Indonesia dengan fokus penelitiannya yaitu 1) Kewajiban guru terhadap peserta didik; 2) Kewajiban guru terhadap orangtua atau wali murid; 3) Kewajiban guru terhadap teman sejawat menunjukkan bahwa etika profesi guru sudah sesuai dengan yang dilaksanakan dilapangan, tetapi harus lebih dioptimalkan lagi dalam penerapannya.