UNTAG Law ReviewPub Date : 2019-05-31DOI: 10.36356/ULREV.V3I1.1051
Andina Elok Puri Maharani, Rizma Dwi Nidia
{"title":"CHALLENGES OF THE INDONESIAN REPUBLIC GENERAL ELECTION COMMISSION (KPU RI) TO INCREASE VOTER PARTICIPATION","authors":"Andina Elok Puri Maharani, Rizma Dwi Nidia","doi":"10.36356/ULREV.V3I1.1051","DOIUrl":"https://doi.org/10.36356/ULREV.V3I1.1051","url":null,"abstract":"This research examines problems that arise and become obstacles in the process of organizing general elections and the challenges of the General Election Commission (KPU) in increasing voter participation in general elections.The purpose of this study is to find out what obstacles arise in the implementation of the General Election related to the role of the KPU to increase public participation in general elections. This type of research is empirical research and the data used are primary data by conducting interviews with KPU commissioners accompanied by an analysis of secondary data in the form of legislation. The results of this study indicate that barriers that can interfere with the process of holding elections, arise from news hoaxes and some obstacles that are classified based on the group of voters. Every segment of society has different needs, so the method used to increase community participation is tailored to the needs of the community in each segment.","PeriodicalId":259996,"journal":{"name":"UNTAG Law Review","volume":"12 6","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114024426","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}
UNTAG Law ReviewPub Date : 2019-05-30DOI: 10.36356/ulrev.v3i1.1061
M. Riyanto
{"title":"LEGAL RECONSTRUCTION OF PUBLIC HEALTH SERVICE PROGRAMS ON TELEVISION BROADCASTING INSTITUTIONS","authors":"M. Riyanto","doi":"10.36356/ulrev.v3i1.1061","DOIUrl":"https://doi.org/10.36356/ulrev.v3i1.1061","url":null,"abstract":"<div style=’text-align:center;’>The writing of this paper analyzes the legal position contained in the Law relating to public health broadcast programs. Further review of the legal aspects of public health broadcast programs that researchers do are not limited to understanding the legal construction that applies in the positivism perspective, but researchers conduct legal reconstruction of public health broadcast programs on television broadcasting institutions with a post-positivism perspective approach namely conceptualizing the law as a set of rules of enactment are influenced by economic, political and social cultural factors. Then there is a need for regulative efforts in the context of the spectrum of balancing laws relating to market regulation and state regulation. The results of the discussion found the following conclusions: First, there was no harmonization in the legal spectrum relating to public health service broadcast programs on television which were dominated in the form of promotions, commercial advertisements, and publications relating to drugs. Second, the laws and regulations governing public health service broadcast programs in broadcasting institutions have not encouraged strong public awareness about the highest degree of health. Third, the public health service broadcast program has a social impact on the interests of the community that is in the form of community self-awareness but also has an economic impact especially for the drug industry and hospitals. However in regulative, it has not provided a framework for social and economic impacts. </div>","PeriodicalId":259996,"journal":{"name":"UNTAG Law Review","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128033905","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}
UNTAG Law ReviewPub Date : 2018-11-30DOI: 10.36356/ulrev.v2i2.924
A. Pramono
{"title":"ANALYSIS OF RASIOLEGIS OF HONORS AGAINST ETHICS ENFORCEMENT ADVOCATE PROFESSION","authors":"A. Pramono","doi":"10.36356/ulrev.v2i2.924","DOIUrl":"https://doi.org/10.36356/ulrev.v2i2.924","url":null,"abstract":"This paper aims to analyze the legal counselors' advocacy against the enforcement of advocate professional ethics. An advocate Honorary Board as aninstitution formed by a functioning Advocate Organization and authorized to oversee the implementation of the Advocate's code of ethics. This is so that every advocate as a profession holder remains in professional values, is responsible and upholds the profession he holds, considering that the Advocate's status as Law Enforcement is one of the instruments in the judicial process which has an equal position with other Law Enforcement. This study uses a normative juridical approach, and secondary data as the main data supported by primary data. The secondary data in the form of primary, secondary and tertiary legal materials are analyzed qualitatively. Based on the analysis revealed that in Law No. 13 of 2003 concerning Advocates, stated that Peradi was the sole forum for advocacy organizations but with the presence of KAI coupled with divisions in Peradi's body which finally issued a Circular Letter of the Supreme Court of the Republic of Indonesia No. 73 KMA / HK.01 / IX / 2015 the application or xecution of decisions against violations of the code of ethics by advocates is difficult to implement.","PeriodicalId":259996,"journal":{"name":"UNTAG Law Review","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130490832","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}
UNTAG Law ReviewPub Date : 2018-11-30DOI: 10.36356/ulrev.v2i2.925
Dr. Drs. H. Dudu Duswara Machmudin S.H., M.Hum.
{"title":"PREVENTING AND FIGHTING CORRUPTION THROUGH PUBLIC POLICIES","authors":"Dr. Drs. H. Dudu Duswara Machmudin S.H., M.Hum.","doi":"10.36356/ulrev.v2i2.925","DOIUrl":"https://doi.org/10.36356/ulrev.v2i2.925","url":null,"abstract":"Law enforcement does not engage in a vaccum space, yet it is related tovariables of socio-political condition, mental of the law enforcers, criminal lawprocedures, law ideology, NGOs, and legal awareness of the society. Moreover,fighting corruption through law enforcement demands collective awareness asstakeholders to actively participate in national efforts to prevent and eradicatecorruption. Measures taken on the prevention must be built in socio-political climateand national collective culture which enforce zero tolerance to any forms of corruption, including bribery, gratification, trading influence, illicit enrichment, corporate corruption, political corruption, collusion, and nepotism.","PeriodicalId":259996,"journal":{"name":"UNTAG Law Review","volume":"22 3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127562012","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}
UNTAG Law ReviewPub Date : 2018-11-30DOI: 10.36356/ulrev.v2i2.922
Wendra Yunaldi
{"title":"DEMOCRACY \"CHARACTER\" LOCAL WISDOM BUILDING DEMOCRATIC POLITICAL AWARENESS OF CHARACTER “AKAL BUDI” AUTENTIK INDONESIA: A STUDY FROM EXPERIENCE OF GOVERNANCE SYSTEM OF REPUBLIC OF NAGARI IN WEST SUMATERA","authors":"Wendra Yunaldi","doi":"10.36356/ulrev.v2i2.922","DOIUrl":"https://doi.org/10.36356/ulrev.v2i2.922","url":null,"abstract":"Although democracy has become the icon of the world, democracy still has the potential to accommodate in itself the values that are of national locality. Thevalues then make democracy different from one country to another. There is a tendency to strengthen the role of the state by reducing the role of popular sovereignty, the development of democracy in the end tends to face the interests of the people themselves. Democracy is no longer a symbol of power politics in favor of the people.In order to maintain the consistency and content of morality or character in democracy, the values of indigenous peoples, such as Nagari which develops musyawarah, togetherness, control, supervision, togetherness, etc., have the potential to encourage the realization of an authentic and authentic Indonesian democratic system. Although institutionally, the development of institutional model of democracy has been good enough, but the institution or organization can not be separated from the substantial values that will lead and at the same time keep it running in the corridor of democracy.Because, the strong tendency of power tends to corrupt and abuse of power, then the values of morality that became the character of Indonesia should be affirmed in the democratic system adopted by the Indonesian nation today. Thus, the goal of realizing a politically just social life for all Indonesian people can be realized.","PeriodicalId":259996,"journal":{"name":"UNTAG Law Review","volume":"70 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120926485","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}
UNTAG Law ReviewPub Date : 2018-11-30DOI: 10.36356/ulrev.v2i2.926
B. Baharudin
{"title":"RECONSTRUCTION OF LEGAL CULTURE OF POLITICAL PARTY IN RECRUITMEN OF LEGISLATIVE MEMBERS WITH GENDER EQUALITY","authors":"B. Baharudin","doi":"10.36356/ulrev.v2i2.926","DOIUrl":"https://doi.org/10.36356/ulrev.v2i2.926","url":null,"abstract":"The legal culture of political parties in the recruitment of legislativecandidates with gender law in Bandar Lampung City is based on a \"legal culture\" to reveal the legal culture of political parties in the recruitment of legislative candidates with gender equality. The problem: What is the legal culture of political parties in the recruitment of legislative policies that have gender justice, namely the recruitment of legislative candidates not yet gender justice. How to build an ideal community culture in recruiting legislative candidates with gender equality. This study uses the constructivism paradigm, the socio-legal research approach, which is analyzed by Struss and Corbin models. The round of this study: 1. Political parties appear in recruitment and legislative legislation has not yet been adopted in the legal culture, because it still separates women's rights. 2. The legal culture of political parties in the recruitment of legislative candidates has no gender, which is caused by the factors of political parties participating in the election that are still recruiting and in accordance with patriarchal ideology, 3. The ideal legal construction of political parties in recruiting legislative candidates with gender equality, namely recruiting legislative candidates must be fair, not separate women's political rights to be nominated or appointed aslegislative candidates in general elections, fulfill legal requirements, not only fulfill 30% representation of women, must be prepared through cadres, education and training, have become members of a political party of at least 6 months to 1 year, noble, loyal, dedicated, and loyal to Pancasila and the 1945 Constitution of the Republic of Indonesia.","PeriodicalId":259996,"journal":{"name":"UNTAG Law Review","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134455287","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}
UNTAG Law ReviewPub Date : 2018-11-30DOI: 10.36356/ulrev.v2i2.923
Bakti Trisnawati
{"title":"VIOLATIONS AND LAW ENFORCEMENT AGAINST MARK VIEWED FROM LAW NO. 20 OF 2016 CONCERNING MARK AND GEOGRAPHICAL INDICATIONS","authors":"Bakti Trisnawati","doi":"10.36356/ulrev.v2i2.923","DOIUrl":"https://doi.org/10.36356/ulrev.v2i2.923","url":null,"abstract":"Right on marks are a source of material wealth for their owners because they have economic value that can bring high profits. Marks in trade also have dualfunctions as competition tools and monopoly tools. Therefore, every mark owner needs to register his mark in order to get legal protection. Because in reality everyday there are many violations of the mark even though the mark has been registered, so the registered mark owner feels aggrieved. Violations due to people wanting to make a profit by cutting short the example of a registered and well-known mark, in addition to the Human Resources of the Directorate General of Intellectual Property itself also lacks control over the law on mark, so marks that should be rejected by many are approved. In addition, the Law Enforcement has indeed been implemented, but not maximal. This can be seen from the demands and fines of the Public Prosecutor and the Decision of the Panel of Judges is still very light","PeriodicalId":259996,"journal":{"name":"UNTAG Law Review","volume":"163 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115375384","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}
UNTAG Law ReviewPub Date : 2018-11-30DOI: 10.36356/ulrev.v3i1.1063
E. Suhartini, Martin Roestamy, A. Yumarni
{"title":"PREVENTION AND ERADICATION OF DRUG TRAFFICKING IN INDONESIA","authors":"E. Suhartini, Martin Roestamy, A. Yumarni","doi":"10.36356/ulrev.v3i1.1063","DOIUrl":"https://doi.org/10.36356/ulrev.v3i1.1063","url":null,"abstract":"Many countries including Indonesia have concerned about the increase of drug trafficking. Currently Indonesia has been in the situation where there is an “Emergency on Drugs Trafficking”. Lot of efforts to solve and prevent the growth of drug trafficking has been done to save young generation. Criminal Acts on Drugs which have been spread out need to be cut off because the drug trafficking has happened nationally and even has crossed international boundaries. The Aims of this research are to identify and analyses necessary actions to prevent and solve the drug trafficking. Then, to find an ultimate solution in handling arising obstacles within such prevention and eradication of drug trafficking in Indonesia. This research uses a juridical normative approach method which reviews theories, concepts, legal principals, and prevailing rules and regulations. Moreover, it also applies an empirical approach as supporting study to gain more factual data.In conclusion, illegal drug trafficking has become both national and international social issue and even a legal issue in society. Certain legal actions are required to take to prevent and solve the drug trafficking in Indonesia, which one of them is by rules and regulations. Law Number 35 of 2009 regarding Drugs is a legal basis for the prevention and eradication of drug trafficking in Indonesia.The research limitation is focus on increasing and preventing drugs should be supported by all parties of the family, community and government.Drugs is an international and national case that is difficult to overcome considering their networks are hidden and require special skills where necessary national and international cooperation so that drug circulation can be overcome quickly","PeriodicalId":259996,"journal":{"name":"UNTAG Law Review","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116545411","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}
UNTAG Law ReviewPub Date : 2018-11-30DOI: 10.36356/ulrev.v2i2.921
Frans Simangunsong
{"title":"CRIMINAL POLICY IN CHILDREN'S CONSTRUCTION EFFORTS AS A NARCOTIC CRIMINAL ACTION PERSON","authors":"Frans Simangunsong","doi":"10.36356/ulrev.v2i2.921","DOIUrl":"https://doi.org/10.36356/ulrev.v2i2.921","url":null,"abstract":"Cases of narcotics abuse are increasing. This is evidenced by the almostdaily press reports from newspapers and electronic media about smuggling, illegaltrade, arrests and detention related to the problem of narcotics abuse. The purpose ofnarcotics abuse is a deviant or accidental use of narcotics. So the act violates the law andis threatened with criminality. Criminal policy in an effort to control children asperpetrators of narcotics crimes. Threats of imprisonment that can be imposed onchildren no later than 1/2 (one half) from the maximum threat of imprisonment foradults. This means that the criminal threat for children who become narcotics couriers ishalf of the criminal threats contained in the Narcotics Law. For children who becomecouriers or narcotics brokers, they must be based on the mechanism stipulated in theChild Protection Act and the Juvenile Justice System Law. Law enforcement forperpetrators who are still under age, there is a special provision called diversion, namelythe transfer of settlement of child cases from criminal justice processes to processesoutside of criminal justice","PeriodicalId":259996,"journal":{"name":"UNTAG Law Review","volume":"E-29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126527545","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}
UNTAG Law ReviewPub Date : 2018-11-30DOI: 10.36356/ulrev.v2i2.919
Muh. Hambali
{"title":"POLICY MODEL FOR THE USE OF ELECTRONIC DOCUMENTS AS A PROOF TOOL IN CRIMINAL ACTION AFTER THE APPLICATION OF LAW NO 19 OF 2016","authors":"Muh. Hambali","doi":"10.36356/ulrev.v2i2.919","DOIUrl":"https://doi.org/10.36356/ulrev.v2i2.919","url":null,"abstract":"This paper aims to analyze the policy model of the use of electronic documents as evidence in criminal acts based on Law No. 19 of 2016. The development of information technology has significantly transformed the conventional socialization system into a digital system. This affects the emergence of new legal actions in a community. The form of the new legal action needs to be adjusted and harmonized with existing legislation, such as the use of electronic documents as evidence that will be used as a means of verification in court. Based on the analysis it was revealed that Law No. 19 of 2016 as a legal umbrella for regulating criminal acts in cyberspace is still experiencing many obstacles, therefore it must be harmonized with the relevant criminal law because if it is different then it will cause legal imbalance so that it will increasingly make it difficult for law enforcers to enforce the law.","PeriodicalId":259996,"journal":{"name":"UNTAG Law Review","volume":"284 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120849227","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}