Statutory Regulation Research Articles

Organizational Performance Improvement Strategies Through the Implementation of Balanced Scorecard at KPPN Jakarta VII

KPPN Jakarta VII is a vertical agency under the Regional Office of the Directorate General of Treasury of DKI Jakarta Province, Directorate General of Treasury, Ministry of Finance which has the task of carrying out the authority as the State General Treasurer, distributing financing at the expense of the budget, and administering budget receipts and expenditures through and from the state treasury based on statutory regulations. In carrying out the tasks and objectives of the organization, KPPN Jakarta VII carries out performance management based on a balanced scorecard. Balanced scorecard is a strategic management system that guides leaders and members of the organization to translate the vision, mission, and strategy of the organization into real measurable actions. Organizational performance is measured so that it can reflect the achievement of organizational goals. This is very important as part of the implementation of good governance. This paper provides an overview of the implementation of the balanced scorecard at KPPN Jakarta VII as a tool in managing organizational performance. The method used is descriptive qualitative with primary data in the form of performance improvement strategies and organizational performance achievements. As a result, the consistent and continuously improved implementation of the balanced scorecard results in an increased organizational performance score of KPPN Jakarta VII and encourages the creation of service innovations as a form of adaptive organization.

Violations Committed by Israel in Armed Conflicts Under International Humanitarian Law

Introductioan: War has various aims and objectives, including under the pretext of self-defense to defend life, family, honor or to defend one's nation, to ideological issues. The wars that occur also often violate international humanitarian law. One of them is between Israel and Hamas.Purposes of the Research: To find out violations of international humanitarian law committed by IsraelMethods of the Research: This research uses an normative juridical research method. Normative Juridical Research is research on Norms, Principles, Rules and Principles based on statutory regulations related to the problem being studied. The approaches used are the statutory approach, the conceptual approach, and case aprroach.Results of the Research: The results of the research show that according to international humanitarian law, violations committed by Israel in armed conflict involve actions that violate the principles of protection of civilians and civilian infrastructure. Humanitarian law, as set out in the Geneva Conventions, prohibits attacks on non-combatants and requires protection of vital facilities such as hospitals and schools, as well as access to humanitarian aid.

A Political Perspective of the Law in the Copyright Law on Investment in Micro, Small and Medium Enterprises Umkm

Economic growth is based on a healthy and solid investment cycle, especially for micro and small entrepreneurs. In this case, regulations related to investment in micro and small businesses do not fully reflect the equal relationship between medium and large business stakeholders and micro and small businesses. In preparing this article, the author used a normative juridical method that requires accurate data to be able to analyze existing legal problems, both in the form of primary data and secondary data. This research finds problems related to what factors are needed by the government to develop MSE investment from a progressive legal political perspective. This research uses a literature review method with a normative legal approach to statutory regulations. Based on this analysis, to increase the competitiveness of Micro and Small Enterprises in the implementation of Law Number 11 of 2020 concerning Job Creation from a political-legal perspective, an innovative government strategy is needed. This can be done by increasing the morality of Business Actors in accordance with the values of the Fifth Principle of Pancasila. In increasing the competitiveness of MSEs in the Legal Politics of the Job Creation Law, there needs to be a progressive Government strategy, namely by fostering greater morality of business actors, as mandated in the Principles. fifth. This can be achieved by recognizing progressive factors in the Government, namely: 1) Stabilizers; 2) Facilitator; 3) Regulators; and 4) Catalyst. This will accelerate the growth of Micro and Small Businesses efficiently and competitively without relying on the government on a large scale.

Analysis of Interfaith Marriage Arrangements in Islamic Family Law: Multiculturalism and Social Harmony Perspectives

This research aims to understand the analysis of Interfaith Marriage Arrangements in Islamic Family Law: Multiculturalism and Social Harmony Perspectives.Normative research is legal research that places law as a system of norms. The norm system itself is related to the principles, norms, rules of the legislation itself. The approach of examining statutory regulations aims to find out how consistent and appropriate the laws are with the legal problem or case being studied. Data collection techniques are a way of recording events or information, characteristics and all forms of information that describe the object of research. The results of research on interfaith marriages according to Islamic law as contained in the Word of Allah, Surah al-Baqarah verse 221, have confirmed that interfaith marriages are absolutely forbidden, apart from that, if you continue to carry out an interfaith marriage, many disputes will arise in the household because both partners have different opinions and beliefs. Interfaith marriage in Indonesia is a reality that continues to occur even though state law and religious law expressly prohibit it. In fact, if you look closely, Law no. 39 of 1999 concerning Human Rights in Indonesia does not explicitly regulate interfaith marriages. On the issue of more detailed marriage regulations, including the issue of interfaith marriages, Human Rights still returns it to the applicable laws and regulations, which in this case the Marriage Law in Indonesia is Law no. 1 in 1974.

Implementation of marriage dispensation towards early marriage: A case study in Selo District, Boyolali Regency

Marriage dispensation is a granting of the right to a person to marry even though they have not reached the minimum age limit for marriage. Marriage dispensation is regulated in Article 7 paragraph (2) of Law No. 16 of 2019 amending Law No. 1 of 1974 concerning marriage. Underage marriage or so-called early marriage is a marriage carried out by a person who is still under the age specified in the statutory regulations. In Law No. 16 of 2019 it is stated that permission to marry is given if the man and woman are 19 years old. If it will be done under that age, it can be done through a marriage dispensation at the Religious Court. This shows that the application for a marriage dispensation case is a major concern of the Government as an effort to minimize the practice of underage marriage in Indonesia. This type of research is field research. Field research is research conducted by collecting data and information obtained directly from the research location, which aims to study intensively about the background of the current situation and environmental interactions of a social group, individual, institution or community. The results of the study showed that there are several factors that cause early marriage, namely economic factors, educational factors, customary and habit factors. From this it can be said that the factors that cause early marriage are due to poor economic factors in society, low educational factors in society, and customary and habit factors in society to marry off their children at an early age

Pengaturan Pemberian Kompensasi Bagi Pekerja dalam Hubungan Kerja Berdasarkan Perjanjian Kerja Waktu Tertentu (PKWT)

The purpose of writing this article is that workers who are in an employment relationship based on a Specific Time Work Agreement (PKWT) have the right to receive compensation money in accordance with statutory provisions. The research method used is juridical-normative, namely legal research by examining statutory regulations and literature study (secondary material). PKWT is an agreement between workers and employers to enter into an employment relationship for a certain period of time at the company's choice when recruiting workers. The motive behind this choice is the entrepreneur's desire to achieve large profits with small capital. However, since the implementation of the PKWT provisions in the Government Regulation of the Republic of Indonesia Number 35 of 2021 concerning Specific Time Work Agreements (PKWT), Outsourcing, Working Time and Rest Time, and Termination of Employment Relations has become different. That PKWT system workers whose contract period has ended are entitled to receive compensation money from the Company as regulated in Article 15. If the compensation money is not given then the company (entrepreneur) will receive administrative sanctions in the form of a written warning, restrictions on business activities, partial or complete temporary suspension production equipment, and freezing business activities in accordance with the provisions of Article 61 of the Republic of Indonesia Government Regulation Number 35 of 2021 concerning Specific Time Work Agreements (PKWT), Outsourcing, Working Time and Rest Time, and Termination of Employment Relations.

Marketing Harm to Children: Children’s exposure to unhealthy commodity marketing using body cameras

Abstract Background Sophisticated, persuasive and extensive product marketing is a key driver of unhealthy commodity (UHC) consumption. This study aims to identify the nature and extent of children’s exposure to UHC marketing. Methods The study is a secondary analysis of Kids’Cam, a cross-sectional study in which 168 New Zealand 12-year-old children wore body cameras that automatically captured images of their environment every 7 seconds over four days. Images were analysed for exposure to UHC, Healthy and ‘Other’ marketing. Results Children were exposed to UHC marketing on average 76.2 times/day, nearly 2.5 times their daily exposure to ‘Healthy’ marketing. Exposure included: unhealthy food marketing (68.4/day), alcohol (5.7/day), gambling (2.1/day) and tobacco marketing (0.1/day). These exposure rates align with the level of statutory regulation each UHC faces in NZ. Food outlets were the most common setting for UHC marketing exposures, while product packaging was the most common medium. Coca-Cola (6.3/day) was the most common UHC exposure, followed by Cadbury, Tip Top, Bluebird and Powerade. Over half of children’s unhealthy food (54.9%) and alcohol (51.9%) marketing exposures were attributed to multinational corporations. In contrast, statutory bodies are responsible for almost all (97.4%) of children’s gambling marketing exposure. Conclusions Children currently grow up in an environment in which they are constantly persuaded to consume products that directly harm their health - an environment in which the profits of corporations are favoured over public health. Statutory regulation of UHC marketing is urgently needed to protect children from harm. Key messages • Children were exposed to unhealthy commodity marketing on average 76.2 times/day, nearly 2.5 times their daily exposure to ‘healthy’ marketing. • Statutory regulation of unhealthy commodity marketing is urgently needed to protect children from harm.

Existence Bali Governor Regulation No. 1 of 2020 Concerning Governance of Bali Fermented and or Distilled Beverages

This research discusses the issue of the existence of gubernatorial regulations Bali No. 1 of 2020 concerning the Governance of Balinese Fermented and/or Distilled Drinks, what is the Legal Certainty and Benefits. The aim of the research is to see to what extent the existence of Bali Gubernatorial Regulation No. 1 of 2020 can regulate the issue of governance of Balinese fermented and/or distilled drinks and whether this regulation can provide legal protection, legal certainty and benefits as expected. The problem that will be discussed is related to the Management of Balinese Fermented and/or Distilled Drinks Efficacy and Benefits for the people of Bali. Normative legal research methods with a statutory approach, historical approach, and conceptual approach. The research results show that the Governor based on his authority and function can issue Governor regulations, but materially, the substance regulated therein cannot conflict with the substance that has been regulated in the statutory regulations above. This study shows that the substances regulated in PERGUB1/2020 is contrary to the above regulations (PERPRES 74/2013) therefore, based on the principle of Lex Superior Derogat Legi Inferiori, Gubernatorial Regulation No. 1/2020 cannot normatively be enforced as a product of binding statutory regulations, thus its existence cannot provide legal protection and benefits for the community.

Status Quo of Interfaith Marriages in Indonesia after Supreme Court Circular Letter Number 2 of 2023

The trend of interfaith marriages is currently gaining interest in Indonesia. Data shows that by 2022, data on interfaith marriages will total 1425 spouses. The presence of the polemic about interfaith marriages in society has resulted in the government, through the Supreme Court, issuing SEMA 2/2023, which prohibits courts from accepting applications for interfaith marriages. Therefore, it is necessary to know the legality of interfaith marriages after SEMA 2/2023, especially regarding the legal ratio of the issuance of SEMA 2/20232. This study aims to determine the basis for the publication of SEMA 2/2023 and the validity of interfaith marriages after the publication of SEMA 2/2023. The study's novelty is demonstrated by the actuality of regulations published related to interfaith marriages in Indonesia, where previous studies analyzed the legality of interfaith marriages before the publication of SEMA 2/2023. The normative legal writing method is used by several approaches, such as the statutory regulations approach -invitation, case approach, and conceptual approach. The collection of legal materials in this study used literature study techniques. At the same time, the legal material analysis method is the descriptive analytical juridical method. The results show that the basis for preparing the circular letter is intended to guide judges in recording religious marriages in Indonesia. Also, since the circular letter came into force, the courts no longer have the authority to register interfaith marriages held in Indonesia.

LEGAL CONSEQUENCES OF SELLING ANTIBIOTICS DRUGS WITHOUT DOCTOR’S PRESCRIPTION IN PHARMACIES

The use of antibiotic drugs is subject to statutory regulations, which require a doctor's prescription for purchase. Antibiotic drugs are classified as "list G drugs" or "hard drugs," and they can only be submitted with a doctor's prescription. The objective of this investigation is to examine the legal liability of pharmacies as sellers of antibiotics without a doctor's prescription and the legal repercussions for purchasers of antibiotics without a prescription. This research employs a form of normative legal research. This research employs a normative legal research method that employs primary data sources and secondary data, or data obtained through a statutory and conceptual approach. The results of this study are that the Pharmacist, as a pharmacy supervisor, is fully responsible for the delivery and collection of drugs to prevent unwanted events. Patients will not receive legal protection if they fail to comply with the Pharmacist's instructions to refrain from purchasing antibiotics without a doctor's prescription.

The Analysis of World Trade Organization Panel Decision of Indonesia Measures Relating to Raw Materials

European Union has requested a panel regarding Indonesia's restriction of exports and downstreaming of raw materials. According to the European Union, Indonesia's export and downstream policies violate World Trade Organization (WTO) provisions, namely Article XI:1 of the General Agreement on Tariffs and Trade (GATT) 1994. In the panel report, the World Trade Organization Dispute Settlement Body (WTO DSB) decided that Indonesia had been proven to have violated these WTO provisions. This thesis examines whether the WTO's ruling on Indonesia's restrictions on raw materials is justified and explores Indonesia's arguments in Appellate Body with the European Union regarding restrictions on nickel ore exports and downstreaming. The research methodology involves normative legal research, analyzing primary legal sources like legislation and secondary sources such as textbooks and case studies. The study delves into Indonesia's challenges in defending its policies at the WTO's Appellate Body. The primary research object is Indonesia's Measures relating to Raw Materials, particularly nickel ore, and relevant agreements like GATT 1994. Legal materials include Indonesian regulations on exports and GATT 1994, while secondary sources encompass statutory regulations, scientific journals, and related literature. The data collection method relies on library research. Using a qualitative approach, the thesis seeks a deep understanding of the core issues. Analytical methods include statutory interpretation, case studies, and grounded theory. The research finds Indonesia's measures non-compliant with GATT 1994 but suggests leveraging Article XXI, the Security Exception, as a strategic defense in the Appellate Body.

EUTHANASIA AND THE COUNTRIES WHICH POSITIVELY REGULATED ACTIVE EUTHANASIA

Objectives: The main objective of this article is to provide a comprehensive understanding of Euthanasia, also known as mercy-killing, and its various forms. It also aims to discuss the moral and legal implications of Euthanasia, which differ across countries, and examine the statutory frameworks of jurisdictions where Active Euthanasia has been legalized. Methods: The article outlines the concept of Euthanasia and categorizes its different genres. It then focuses on the statutory regulations in countries where Active Euthanasia has been positively regulated, analyzing the legal frameworks that govern the practice. Results: The study reveals that while mercy is central to Euthanasia, the moral perceptions of the practice differ significantly between countries. There is no international consensus on the legality and morality of Euthanasia, with certain jurisdictions adopting laws to regulate Active Euthanasia, whereas others continue to oppose it. Conclusion: The article concludes that despite the variance in legal and moral perspectives, Euthanasia remains a complex and controversial topic. The differences in statutory regulations across countries reflect the diverse approaches to dealing with the ethical dilemma of mercy-killing, with some nations embracing regulation and others maintaining resistance.

Genosida Sebagai Pelanggaran Hak Asasi Manusia (HAM) Yang Berat

Deprivation of Human Rights using various criminal methods has been happening for a long time. Since then, many international regulations have set limits and prohibitions regarding war crimes up to genocide, including judicial bodies that are given responsibility for crimes that have been committed. By knowing the actions and bodies authorized to prosecute serious human rights violations, we can understand current changes in the existence of the crime of genocide. The aim of realizing international legal instruments is to fulfill the human rights of victims, the world community and perpetrators. The research method used is normative juridical. The research approach is through a statute approach, which examines problems using statutory regulations by analyzing relevant laws to be used as a legal basis, such as the Convention on the Prevention and Punishment of the Crime of Genocide in 1948, the Statute of the International Criminal Court in 1998 and the Law on Law Number 25 of 2000 concerning Human Rights Courts. The research results concluded that the crime of genocide is one of four serious human rights violations within the jurisdiction of the International Criminal Court. Genocide always involves two things, namely: objectively it refers to the act of extermination and subjectively the target of the action is a certain group. The International Criminal Court, in accordance with Article 34 of the 1998 Rome Statute, consists of four parts: The Presidency, the Chambers, the Offices of the Prosecutors and the Registry in carrying out its duties. The International Criminal Court will only carry out its functions if the National Court cannot carry out its functions properly, in this case the meaning is if the National Court does not want to try the perpetrator of the crime and unable.

IMPLEMENTASI PENANGANAN GELANDANGAN DAN PENGEMIS TERHADAP KETERTIBAN UMUM DI KOTA SERANG

Serang City is one of the areas that has social problems, in this case the presence of homeless people and beggars which is quite disturbing for public order. In an effort to deal with this, it has been regulated in Serang City Regional Regulation Number 2 of 2010 concerning Prevention, Eradication, Management of Disease and Society, However, if you look at the current reality, there is no visible decrease in the number of homeless people and beggars on the streets, in fact homeless people and beggars are increasing every year. This research aims to determine and analyze the implementation of handling homeless people and beggars on public order in Serang City in accordance with Regional Regulation Number 2 of 2010 and to find out and analyze sanctions for regulating public order towards homeless people and beggars in Serang City. This research uses a qualitative method in the form of observing phenomena that occur in society in depth. This type of research uses empirical juridical, an approach based on data obtained directly from the community as the first source through field research, which is carried out either through observations, interviews. as well as by reviewing statutory regulations. The results of this research show that: (1) Regional Work Units have not implemented the Regional Regulations optimally so that there has not been a reduction in the number of homeless people and beggars, (2) Existing sanctions in accordance with the applicable Regional Regulations have not been implemented for homeless people and beggars

Gender-Sensitive Approaches In Women's Involvement In Constitution-Making And Peacebuilding Processes In South Sudan

Constitutions play a pivotal role in shaping the political, economic, and social equality of both women and men. As the supreme law, they establish the state's framework, allocate political authority, delineate governance systems, dictate leadership selection, and safeguard fundamental rights. Constitutional reform presents a unique chance to reshape governance structures by enshrining women's rights, incorporating inclusive language, and establishing institutions that ensure and advance gender equality. In South Sudan, akin to many African nations, a pluralistic legal system merges customary practices, religious laws, common law, and statutory regulations. While customary and religious laws hold recognition, they remain unwritten, flexible, and often linked to ethnic concerns, varying across communities. Rooted in generations of tradition, these laws seek to uphold positive community values and norms. However, they frequently disadvantage women, despite the presence of traditional justice mechanisms that some argue are more accessible, cost-effective, prompt, and culturally apt. These alternative justice systems are deeply entrenched in patriarchal norms, often excluding women from comprehensive rights, including equitable participation in governance and decision-making bodies. Drawing lessons from post-conflict nations, this paper contends that the transformative potential of constitutions materializes when women capitalize on constitution reform opportunities to redefine the constitutional community's ambit, compelling the state to honor, safeguard, and fulfill women's rights

Pemeliharaan dan Pembiayaan Nafkah Anak Pasca Perceraian (Studi Kasus Putusan Nomor 590/Pdt.G/2019/PN.Bks)

Child care involves both parents, namely the father and mother, as parties who have responsibility for their children, even though some marriages end in divorce. This research aims to find out and examine how maintenance and financing of maintenance for children after divorce occurs according to statutory regulations. Child care after divorce is regulated in Law Number 35 of 2014 concerning Child Protection and Law Number 1 of 1974 concerning Marriage. The research method used is a normative or doctrinal juridical type, namely research that refers to legal norms contained in statutory regulations and norms that apply in community life. The research results in decision number 590/Pdt.G/2019/PN.Bks show that fulfilling children's maintenance after their parents' divorce has not gone completely well. This is because the ex-husband, after officially divorcing, no longer carries out his obligations. The conclusion in this problem is that child support is still not being met and it is necessary to establish an official institution so that there is supervision over the provision of child support after divorce, whether it has really been carried out in accordance with the governing law.

Juridical Analysis of the Concept of “Legislation” in the New Criminal Code: Implications and Applications

The phrase "statutory regulations" in Article 1 paragraph (1) of Law Number 1 of 2023 concerning the Criminal Code (KUHP) contains the meaning that criminal provisions can be regulated by various hierarchies of statutory regulations, as regulated in Law Number 12 of 2011 concerning the Formation of Legislation. However, this is contrary to the basic principle of the formation of criminal provisions, namely the principle of nullum crimen sine lege parliamentaria, which means that the formulation of criminal sanction norms can only be determined if it has obtained the approval of the people, through their representatives in the People's Representative Council (DPR) for the level of laws and the approval of the governor, regent, or mayor for regional regulations. This study uses a normative legal research method with a statutory approach. The results of the study show that Article 1 paragraph (1) of Law Number 1 of 2023 contains unclear norms, because the phrase "statutory regulations" opens up the possibility that criminal provisions can be made by parties other than people's representatives, which can obscure the principle of representation in the formation of criminal provisions

Legal review of the constitutional court decision number 135/PUU-XIII/2015 on the voting rights of people with mental disorders (ODGJ) reviewed from the foundation of positive law

People's participation as citizens in the implementation of government is the main requirement in filling positions. To be able to take part in elections, people must comply with the provisions that have been ratified by law. The KPU "General Election Commission" as the organizer of the democratic party gives the right to vote in elections to People with Mental Disorders (ODGJ). ODGJ are allowed to take part in the 2024 elections as stated in the decision of the MK "Constitutional Court". The aim of this research is to examine juridically "the decision of the Constitutional Court Number 135/PUU-XIII/2015 concerning the voting rights of People with Mental Disorders or ODGJ and the impact that may arise from the participation of ODGJ in taking part in the election". The author chose a normative juridical approach (Legislative Approach). The research carried out by the author used a normative juridical approach (Legislation Approach). The data used in this research uses secondary data, namely data or input sourced from literature and statutory regulations. For this type of research, the author applies qualitative descriptive research. Based on research results, the ruling "Constitutional Court Decision Number 135/PUU-XII/2015" states that people suffering from mental disorders can vote only if they do not experience permanent mental disorders that have prevented them from voting in general elections, according to mental health experts.. Based on this, there is disharmony between the decision of the constitutional court and positive law in Indonesia. Apart from that, the possible impact of ODGJ's participation in the election is the emergence of various frauds in the democratic party process.

Ideal Government Policy In Fulfilling The Social and Cultural Economic Rights of Sangir Philippine Citizens

Introduction: Fulfillment of economic, social and cultural rights is a reflection of guaranteeing human rights. However, the economic, social and cultural rights of every citizen must be supported by their status as a citizen. Because a person's citizenship status has the effect of giving them a number of rights as a citizen. This problem occurs for Sangir Filipino residents whose citizenship status is unclear.Purposes of the Research: Is to examine and analyze the ideal policies taken by the government, especially the regional government of Bitung City, North Sulawesi Province, in addressing issues that provide economic, social and cultural rights for Sangir Filipino residents who have unclear citizenship status, so that this has an impact. on Providing their rights as part of providing human rights.Methods of the Research: In this research is normative juridical research using statutory regulations and a contextual approach. The sources of legal materials used in this research are primary legal materials, secondary legal materials and tertiary legal materials. This legal material was obtained through literature review and then explained qualitatively.Results of the Research: Show that the citizenship status of Sangir Filipino residents does not clearly have an impact on the provision of economic, social and cultural rights. There is a need for policies by the Regional Government and the Central Government, such as updating national laws that simplify the citizenship registration process, providing outreach to Sangir Filipino residents about the importance of a clear citizenship status, and the need for participation from all elements of society in order to overcome this problem.

Perlindungan Hukum terhadap Anak Korban Eksploitasi Secara Seksual dalam Perspektif Peraturan Perundang-Undangan di Indonesia

The problem of sexual exploitation of children is not just a medical issue, but also involves many aspects, including religion, psychology and law. For this reason, this research was carried out with the aim of knowing and analyzing the regulations for legal protection for child victims of sexual exploitation and policy formulation for legal protection for child victims of sexual exploitation in the future. The research method used is normative juridical with a statutory approach, conceptual approach and case approach. Analysis of legal materials is carried out by interpreting, evaluating and assessing all statutory regulations and relevant legal materials. The results show that the regulation of legal protection for child victims of sexual exploitation is not clearly regulated either in Law Number 13 of 2006 concerning Protection of Witnesses and Victims, Law Number 23 of 2002 concerning Child Protection and Law Number 11 of 2012 Concerning the Juvenile Criminal Justice System and policies for formulating legal protection for child victims of sexual exploitation in the future, namely the need to reform the criminal law regarding provisions that prohibit these acts, both in the draft Criminal Code in the future and the revision of Law Number 13 of 2006, Law Number 23 of 2002 and Law Number 11 of 2012.