QISTINA: Jurnal Multidisiplin Indonesia最新文献

{"title":"Analysis of Legal Aspects Related to Special Narcotics Crimes as Extraordinary Crimes","authors":"Darma Putri, Baginda Baginda","doi":"10.57235/qistina.v3i1.2343","DOIUrl":"https://doi.org/10.57235/qistina.v3i1.2343","url":null,"abstract":"The Narcotics crimes are special crimes outside the Criminal Code, this is stated explicitly in Article 25 of Government Regulation Number 24 of 1960 which came into effect on June 9 1960 concerning the investigation, prosecution and examination of criminal acts. Special criminal law is criminal law established for special groups of people, including military criminal law (special groups of people) and fiscal criminal law (special actions) and economic criminal law. The formulation of the problem in this study is how the how to analyze the legal aspects related to special narcotics crimes as extraordinary crimes and what are the negative impacts related to special narcotics crimes on victims as extraordinary crimes. The research method used by the author is normative juridical method carried out through literature studies that examine secondary data in the form of laws and regulations relating to narcotics, and narcotics crime laws as well as research results and other references. This research uses a type of normative legal research because of the provisions regarding the analysis of narcotics crimes as extraordinary crimes. The results of this study are in With the existence of laws, criminal law is born. The formation of statutory sanctions is determined by the legislator which requires the realization of an agency in ways that can actually apply or implement the criminal regulations in question. To realize this crime, infrastructure is needed. Criminal sanctions aim to provide special suffering to violators so that they are deterred by the consequences of their actions. Criminal sanctions are also a form of statement of condemnation of the perpetrator's actions. The principle difference between criminal sanctions and criminal sanctions is also often referred to as the presence or absence of blame, not the presence or absence of the element of suffering. Meanwhile, action sanctions have a more educational purpose. Narcotics crime is a dangerous crime, damaging the younger generation as well as the character and physique of society or its users. These crimes can also be linked to a number of crimes, such as robbery, theft, money laundering and terrorism. Therefore, the consequences of narcotics use not only have a negative impact on the user himself but also directly or indirectly affect the family, community and country. This narcotics crime has been going on since the era of independence until now.","PeriodicalId":194212,"journal":{"name":"QISTINA: Jurnal Multidisiplin Indonesia","volume":"137 18","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141281789","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Juridical Review of Criminal Acts of Mining Activities Outside the Mining Business Permit (WIUP) Area (Study Decision Number: 203/Pid.Sus/2023/PN.Bta)","authors":"Mela Yasa, Intan Nurina","doi":"10.57235/qistina.v3i1.2130","DOIUrl":"https://doi.org/10.57235/qistina.v3i1.2130","url":null,"abstract":"Transporting Mining Products without a permit is an activity that can be punished if you do not have a Document Permit or mining business permit (IUP) that is officially issued to a mining company, in accordance with Republic of Indonesia Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2020 2009 Concerning Mineral and Coal Mining. The Mining sector also has various challenges and debates related to environmental impacts, the rights of indigenous communities, and granting permits to Mining Companies. In Article 35 of Law no. 3 of 2020 explains that every mining business is required to have a business permit issued by the central government including business registration number, standard certificate and/or permits consisting of Mining Business Permit (IUP), Special Mining Business Permit (IUPK), Transport Services Business Permit ( IUJP), and Rock Mining Permit (SIPB) as a continuation of operations. Mining Business Permits (IUP) are mentioned in article 1 paragraph (7) of the Minerba Law. IUP consists of two stages of activities, namely exploration and production operations. Exploration must take priority before carrying out production operations. The problem is how to account for criminal acts of mining activities outside the mining business permit area in decision number: 203/Pid.Sus/2023/Pn.Bta and what are the judge's considerations in deciding cases of criminal acts of mining activities outside the mining business permit area in decision number: 203/Pid.Sus/2023/Pn.Bta. Legal research methods in this case are a science of how to conduct legal research in an orderly (systematic) manner. This research uses two approaches, namely the Normative Juridical and Empirical Juridical approaches. Secondary data is permitted through library research (Library Research) such as books, literature and scientific works related to research problems. Secondary data consists of 3 (three) legal materials, namely, primary, secondary and tertiary legal materials. Primary data can be obtained from the results of research in the field directly on the research object (Field Research) which is carried out through direct observation and interviews. Based on the research results obtained, it can be concluded that the defendant is legally and proven guilty of committing a criminal act and guilty of committing a criminal act of transporting coal that does not originate from the holder of a mining business permit (IUP), special mining business permit (IUPK), or permit as in the indictment. sole public prosecutor as regulated in article 161 of the Mineral and Coal Law which reads: every person who carries out mining without a permit shall be sentenced to imprisonment for a maximum of 5 years and a maximum of IDR. 100,000,000.00 (one hundred billion rupiah And thus the demands of the public prosecutor in decision number: 203/pid.sus/2023/PN.Bta with the defendant are lighter than the provisions of article 161 of the Mineral and Coal Law where the Public Prosecu","PeriodicalId":194212,"journal":{"name":"QISTINA: Jurnal Multidisiplin Indonesia","volume":"57 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141277826","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Relevance of Law Enforcement and Human Rights in the Perception of the Indonesian Constitution","authors":"Yervant T. S Sitompoel, Vionna Vetty Vera, Rasji Rasji","doi":"10.57235/qistina.v3i1.2365","DOIUrl":"https://doi.org/10.57235/qistina.v3i1.2365","url":null,"abstract":"Human rights are something that humans have and are inherent in a person from birth. Human rights are fundamental rights that cannot be taken away or revoked. Human rights must also be respected, maintained and guarded by the state, law, government and everyone for honor. The relationship between human rights and the state is very close and interconnected and cannot be separated because law functions to protect human rights, apart from that, all human behavior in a country is always based on law. The constitution itself is the highest law in Indonesia and is the basis for the protection and enforcement of human rights in Indonesia. The method used in this research is a normative legal research method. In this descriptive research, the type of data used is secondary data collected through literature study, which is analyzed qualitatively, using a statutory approach. In the law there is a regulation of rights, and in human rights the legal protection is written. So the relationship between the two is related to each other and complements each other. Therefore, efforts are needed to increase public understanding and awareness of human rights and strengthen the institutions that play a role in upholding law and human rights in Indonesia. Apart from that, efforts need to be made to adopt progressive policies in advancing human rights and ensuring their protection in accordance with the constitution. Thus, it is hoped that the constitution can become an effective instrument in guaranteeing and upholding human rights in Indonesia.","PeriodicalId":194212,"journal":{"name":"QISTINA: Jurnal Multidisiplin Indonesia","volume":"37 35","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141233093","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Role of the Constitutional Court in Maintaining Democracy and Strengthening the Rule of Law: Critical Evaluation","authors":"David Edyson, Raden Mahaputra Alfariza M, Armando Benyamin Hasibuan","doi":"10.57235/qistina.v3i1.2460","DOIUrl":"https://doi.org/10.57235/qistina.v3i1.2460","url":null,"abstract":"The Constitutional Court (MK) plays a crucial role in safeguarding democracy and upholding the rule of law in Indonesia. MK holds extensive authority to conduct judicial review, settle election disputes, resolve conflicts between state institutions, and adjudicate petitions concerning citizens' constitutional rights. MK's performance has garnered mixed evaluations. Appreciation is given for its role in strengthening the constitution, enhancing democratic quality, and fostering public trust. However, criticisms have also emerged regarding inconsistencies in rulings, lack of transparency, and a high volume of cases. The independence and accountability of MK are paramount to ensuring its objectivity and impartiality in fulfilling its functions. Factors influencing MK's independence include the selection process for judges, their term of office, and their immunity from prosecution. Mechanisms for MK's accountability involve annual reporting, civil society oversight, and media coverage. MK faces both prospects and challenges in the future. It is anticipated that MK's role in upholding democracy and the rule of law will continue to grow, and public trust in MK will be maintained. The challenges MK confronts include the complexity of legal issues, potential political intervention, and safeguarding public confidence.","PeriodicalId":194212,"journal":{"name":"QISTINA: Jurnal Multidisiplin Indonesia","volume":"54 15","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141275928","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Implementation of Pre-Trial Legal Efforts Taken by Suspects of Crimes of Sexual Abuse Against Minors","authors":"Fajar Nur Hafiz Jati, Bambang Hartono, Ansori Ansori","doi":"10.57235/qistina.v3i1.2408","DOIUrl":"https://doi.org/10.57235/qistina.v3i1.2408","url":null,"abstract":"Law is a means of punishment, where a criminal act is an act that is prohibited by a rule of law, where the prohibition is accompanied by a threat (sanction) in the form of a certain form of punishment. Problems in law enforcement that often occurred from the Dutch colonial era until after independence were related to coercive efforts carried out by law enforcement officials, especially investigators and public prosecutors. Pre-trial is an institution organized to examine coercive actions carried out by authorized officials as law enforcers. The idea of a Pre-Judicial institution was born from inspiration originating from the existence of the right of Habeas Corpus in the Anglo Saxon justice system, which provides fundamental guarantees for human rights, especially the right to liberty. The Habeas Corpus Act gives a person the right, through a court order, to sue (challenge) officials who implement formal criminal law (police or prosecutors) so that they do not violate the law (illegally) or, strictly speaking, are truly legal in accordance with applicable legal provisions. The issues that will be discussed in this writing are, the process of investigating alleged criminal acts of sexual abuse against minors at the Tulang Bawang Police Criminal Investigation Unit and the Judge's Considerations in deciding the Pre-Trial application from the applicant's application in Decision Number: 3/Pid.Pra/2022/PN. Mgl. The research method used is a normative juridical and empirical approach, using secondary and primary data, obtained from literature studies and field studies, and data analysis using normative juridical analysis. The results of research regarding the process of investigating alleged criminal acts of sexual abuse against minors are investigations that require a process such as making a report, carrying out an investigation, checking the post mortem, carrying out the case title, then sending a letter notifying the start of the investigation which aims to notify about the conduct of an investigation into a case, carry out investigations into statements from witnesses, determine suspects, conduct examinations of suspects, collect evidence, and carry out filings. The end of the investigation process which is the investigator's task is marked by a complete investigation report (P-21) or commonly called with Stage 1 and handing over evidence and also the suspect to the public prosecutor (P-22) or called Stage 2. Then the judge's consideration in giving a decision on a fraud case is the presence of evidence to prove which party is wrong and right, then the presence of witnesses who was presented at the trial to explain the chronology of the incident. Because of this, the judge decided to reject the Petitioner's pretrial application in its entirety, charging the Petitioner court costs of nil. The suggestion is that it is hoped that in the future the Tulang Bawang Police will play an active role in preventing or eradicating cases of sexual abuse against","PeriodicalId":194212,"journal":{"name":"QISTINA: Jurnal Multidisiplin Indonesia","volume":"57 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141277822","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Position and Role of the People's Representative Council in State Development","authors":"Rasji Rasji, Anya Sitara Budidarsono, Chrissonia Margareta Mbayang, Laurencia Ryanto","doi":"10.57235/qistina.v3i1.2410","DOIUrl":"https://doi.org/10.57235/qistina.v3i1.2410","url":null,"abstract":"This article regarding the position and role of the People's Representative Council (DPR) in state development highlights the importance of representative institutions in the political and development process. The DPR plays a vital role in voicing the interests and aspirations of the community through legislative, monitoring and representation functions. Challenges such as corruption, lack of accountability, and political complexity present obstacles that need to be overcome in strengthening the role of the DPR. Evaluation of reform efforts and more effective strategies is needed to improve the DPR's performance in building a sustainable and inclusive country. Community participation is also key in supporting the DPR's role as an institution that represents the interests of the people. The DPR's flexibility and responsiveness to political and social dynamics is an important factor in maintaining the legitimacy and trust of the public in this representative institution.","PeriodicalId":194212,"journal":{"name":"QISTINA: Jurnal Multidisiplin Indonesia","volume":"39 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141277667","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Comparison of Verb Use in Social and Science Research Article Abstract A Corpus-Based Study","authors":"Suwandi Suwandi","doi":"10.57235/qistina.v3i1.2096","DOIUrl":"https://doi.org/10.57235/qistina.v3i1.2096","url":null,"abstract":"A research article is a kind of academic writing that is extensively utilized by scientists to explain their thoughts in the present day. This paper focuses on the abstract part since it is an important representation of the substance of an academic paper. This study intends to compare the verb use in abstracts of scientific and social research articles. To examine this conversation, qualitative descriptive research is performed in this study. This research investigates the frequency of the verbs identified by LancsBox 6.0 using corpus analysis. This research employs 15 scientific abstracts and 15 social abstracts produced by Indonesian authors and published between April 1st until September 30th, 2021 in order to determine the most and least commonly utilized verb types in each study. This study's objectives are to determine the types of verbs used in science and social article abstracts, to determine the frequency of verb use in science and social article abstracts, and to explain why x types of verbs are the most and y types are the least prevalent in science and social research article abstracts. Material, relational, cognitive, possessive/relational, perception/relational, feeling, existential, verbal, and corporeal are the verb kinds utilized in abstracts of scientific and social research articles, according to the study's findings. In both scientific and social abstractions, the material verb type that conveys a definite meaning is used most often. In contrast, corporeal, which expresses subjective meaning, is utilized least often in abstracts of scientific and scholarly articles. It may be argued that material verbs are most commonly utilized in academic writing that requires an objective statement as a defining property of the genre.","PeriodicalId":194212,"journal":{"name":"QISTINA: Jurnal Multidisiplin Indonesia","volume":"42 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141278778","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Environmental Law Strategy to Overcome the Waste Accumulation Crisis: Mandala By Pass Case Study","authors":"Berliana Grace Devali Sianturi, Agtha Sofia Simajuntak, Al Firman, Yana Sebha Pasaribu, Gaby Agustina Nainggolan, Jekson Saragih, Wulan Ayu Trisna, Yunita Tri Carnova Manurung, Taufiq Ramadhan","doi":"10.57235/qistina.v3i1.2367","DOIUrl":"https://doi.org/10.57235/qistina.v3i1.2367","url":null,"abstract":"Waste is one of the problems faced by society. The existence of waste is undesirable if it is related to factors of cleanliness, health, comfort and beauty (aesthetics). Factors that influence the environment are the problem of waste disposal and management. Currently, humans don't really care about the environment, there are many people around them who care enough about the state of the environment to create a large accumulation of rubbish in the mandala by pass area. In the accumulation of waste that occurs in the Mandala By Pass area, organic and inorganic waste is often found. The Mandala By Pass community is a densely populated settlement and inevitably produces a lot of waste. The purpose of this research is to find out Environmental Law Strategies for Overcoming the Waste Accumulation Crisis: Mandala By Pass Case Study. Minister of Home Affairs Regulation Number 33 of 2010 concerning Waste Management Guidelines (Permendagri No. 33/2010) is the main legal basis for dealing with waste problems in Indonesia. This Minister of Home Affairs Regulation contains various strategies and policies that can be implemented to overcome the waste accumulation crisis on the Mandala Bypass. The waste accumulation crisis on the Mandala Bypass is a serious environmental issue.","PeriodicalId":194212,"journal":{"name":"QISTINA: Jurnal Multidisiplin Indonesia","volume":"65 40","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141276696","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Analysis of Student Learning Outcomes in Mathematics Learning in View of the Level of Concentration in Learning Building Materials at SDN 93 Singkawang","authors":"Punam Sahara, C. Utami, Dina Anika Marhayani","doi":"10.57235/qistina.v3i1.2459","DOIUrl":"https://doi.org/10.57235/qistina.v3i1.2459","url":null,"abstract":"This research aims to: Analyze student learning outcomes in Mathematics learning in terms of the level of concentration in learning spatial building material. The type of research used is qualitative research, while the data collection tools used are questions, questionnaires, interviews and documentation. Data collection instruments were mathematics learning outcomes tests and questionnaires on learning concentration levels. The results of the research show that 1) Test student learning outcomes on spatial building material in class V SDN 93 Singkawang. Has an average of 70.37 in the high category (categorized as high because students are able to answer questions well given by the teacher and 2) There are two factors that influence the level of student concentration in class V, namely internal and external. The internal factors are factors that come from within the student as follows: a) physical health problems, b) the emergence of negative feelings, c) not liking certain lessons, d) not having skills in good learning methods, e) weak interest and motivation in lessons, f) be passive in learning. External factors are factors that come from outside, such as: a) a classroom environment that is not conducive, b) the same learning method every day.","PeriodicalId":194212,"journal":{"name":"QISTINA: Jurnal Multidisiplin Indonesia","volume":"96 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141278217","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Teacher Problems Related to Learning Indonesian at School","authors":"Lili Tansliova, Rowimatul Hazizah, Welia C Sigalingging, Sry Eninta Br Bangun","doi":"10.57235/qistina.v3i1.2463","DOIUrl":"https://doi.org/10.57235/qistina.v3i1.2463","url":null,"abstract":"Basically, the Indonesian language teacher's job is not only to provide material to be mastered. Their job is also to make students accustomed to using Indonesian correctly. This article discusses the problems faced by Indonesian language teachers in teaching activities. At least, there are 5 problems faced by teachers in their lessons (1) Indonesian language teaching materials that are too complicated, (2) dynamic language development, (3) influence of mother tongue, (4) lack of attention from other subjects, and (5) ) there is no balance between the teaching process and real life. This problem can be resolved through several steps, such as simplifying Indonesian language teaching materials, establishing clarity between the use of standard and non-standard language, implementing sustainable language construction, support from local subjects, and support from various other social strata.","PeriodicalId":194212,"journal":{"name":"QISTINA: Jurnal Multidisiplin Indonesia","volume":"56 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141278380","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}