Media of Law and Sharia最新文献_第2页

Optimalisasi Penjatuhan Hukuman Akibat Indisipliner Kerja Pegawai Negeri Sipil 公务员纪律处分优化

Media of Law and Sharia Pub Date : 2022-09-30 DOI: 10.18196/mls.v3i4.15844

Fathur Rauzi

{"title":"Optimalisasi Penjatuhan Hukuman Akibat Indisipliner Kerja Pegawai Negeri Sipil","authors":"Fathur Rauzi","doi":"10.18196/mls.v3i4.15844","DOIUrl":"https://doi.org/10.18196/mls.v3i4.15844","url":null,"abstract":"Discipline is the ability of Civil Servants to comply with obligations and avoid prohibitions regulated in the applicable laws and regulations. The purpose of this study was to determine the benchmarks for imposing disciplinary penalties in Article 4 letter f according to the level of discipline and type of discipline. The method used in this study uses a normative-empirical approach, namely looking for data in the literature in which there are laws and regulations which are further elaborated with an empirical approach, namely the working of these norms in an institution, especially Government Regulation Number 94 of 2021 concerning Civil Servant Discipline. In this study, it was found that the imposition of disciplinary penalties for perpetrators who committed violations according to the author was not optimal because of the low understanding of the applicable laws and regulations and not optimal supervision from direct superiors. Disciplinary law against Civil Servants who violates Article 4 letter f in Government Regulation Number 94 of 2021 concerning Civil Servant Discipline is divided into three categories: 1) the category of light discipline does not come to work without a valid reason up to ten working days for a year , 2) category of moderate punishment violation without the principle of cooperation with twenty thirty days, 3) category of violation of law without the principle of cooperation as a whole 21 (twenty one) to 28 (twenty eight) working days and or continuously for 10 (ten) working days for a year","PeriodicalId":272345,"journal":{"name":"Media of Law and Sharia","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125584761","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}

引用次数: 0

Upaya Hukum Pemenuhan Hak Penyandang Disabilitas Selama Masa Pandemi Covid 19 在科维德19大流行期间，为实现残疾权利所作的法律努力

Media of Law and Sharia Pub Date : 2022-09-29 DOI: 10.18196/mls.v3i4.15843

Asmuni Asmuni, Muflih Ramadhani

{"title":"Upaya Hukum Pemenuhan Hak Penyandang Disabilitas Selama Masa Pandemi Covid 19","authors":"Asmuni Asmuni, Muflih Ramadhani","doi":"10.18196/mls.v3i4.15843","DOIUrl":"https://doi.org/10.18196/mls.v3i4.15843","url":null,"abstract":"The COVID-19 pandemic threatens all humans in the world. Many people died due to the plague of the world that has not disappeared yet from human civilization. Ministry of Social Affairs in 2021 through the Management Information System for Persons with Disabilities as of January 13, 2021, there were 209,604 persons with disabilities in Indonesia. This figure is a reference that there are quite a lot of people with disabilities that need to be considered with a large number of people with disabilities. Persons with disabilities are a group that is vulnerable to today's conditions, the spread of the COVID-19 pandemic in Indonesia. This research aims to determine the government's legal responsibility for persons with disabilities during the COVID-19 pandemic in Indonesia through regulations and legal remedies for handling them. This research uses the juridical-normative method and the conceptual approach and the statute Approach. The results of this study reveal that Persons with Disabilities have a right to health that cannot be reduced and requires the presence of the government to protect fundamental rights, that is the right to health which is included in human rights that have been stated in the laws and regulations in Indonesia. The fulfillment of rights for persons with disabilities during the COVID-19 pandemic has not been fully regulated and implemented by the government. It has been proven in several cases that there is discrimination against persons with disabilities in obtaining easy access and protection during the COVID-19 pandemic","PeriodicalId":272345,"journal":{"name":"Media of Law and Sharia","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133921785","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}

引用次数: 0

Tanggung Jawab Negara dalam Pemenuhan Jaminan Sosial Persepektif Welfare State 福利州对社会保障的责任

Media of Law and Sharia Pub Date : 2022-08-15 DOI: 10.18196/mls.v3i4.15198

Tareq Jati Pamungkas, A. Hariri

引用次数: 1

Fighting Corruption Post Revision of the Act of the Corruption Eradication Commission 反腐倡廉委员会法修订后案

Media of Law and Sharia Pub Date : 2022-07-07 DOI: 10.18196/mls.v3i3.13232

Salma Aulia Farahdina Ariani, Nanik Prasetyoningsih

{"title":"Fighting Corruption Post Revision of the Act of the Corruption Eradication Commission","authors":"Salma Aulia Farahdina Ariani, Nanik Prasetyoningsih","doi":"10.18196/mls.v3i3.13232","DOIUrl":"https://doi.org/10.18196/mls.v3i3.13232","url":null,"abstract":"At the end of 2019, Law Number 19 of 2019 concerning the Second Amendment to Law Number 30 of 2002 concerning the Corruption Eradication Commission was passed. The revision of the Corruption Eradication Commission Law (KPK Law) has generated polemics and interesting issues to discuss.The author wants to examine the role of the KPK in enforcing the law to eradicating corruption in Indonesia. The author will examine how the role of the KPK is compared to the position of the Attorney General's Office and the Police, and analyze the role of KPK in the KPK Law before and after the revision. This research is a normative-empirical legal research, with statutory approach. The results of this study show that the Police, the Prosecutor's Office and the Corruption Eradication Commission both play a role in law enforcement to eradicate corruption. The difference, the three law enforcement agencies in eradicating corruption lies in their existence in the 1945 Constitution, their role in investigations, handling based on case values, and coordination of handling corruption. As for the existence of Law Number 19 of 2019 there are several amendments in the KPK, (1) position of the KPK as a law enforcement agency in the executive branch, (2) establishment of the KPK Supervisory Board, (3) implementation of the wiretapping function, (4) mechanism for issuing an Investigation Termination Order (SP3) (5) institutional coordination of the KPK with other law enforcement (6) search and seizure mechanism, and (7) KPK staffing system.","PeriodicalId":272345,"journal":{"name":"Media of Law and Sharia","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114062073","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}

引用次数: 3

Perlindungan Hukum bagi Whistleblower dalam Tindak Pidana Korupsi di Indonesia 印尼腐败犯罪告密者的法律保护

Media of Law and Sharia Pub Date : 2022-06-30 DOI: 10.18196/mls.v3i3.14468

Subhan Amin, Satria Unggul Wicaksana

{"title":"Perlindungan Hukum bagi Whistleblower dalam Tindak Pidana Korupsi di Indonesia","authors":"Subhan Amin, Satria Unggul Wicaksana","doi":"10.18196/mls.v3i3.14468","DOIUrl":"https://doi.org/10.18196/mls.v3i3.14468","url":null,"abstract":"This study examines the Legal Protection for Whistleblowers in Corruption Crimes in Indonesia. The role of the reporter is very necessary or significant in law enforcement; with the presence of a whistleblower, law enforcers will be helped and more accessible in uncovering a case of a criminal act of corruption. Therefore, the state should provide legal protection to the complainants to protect their rights by law. Then the state should also give awards to the whistleblowers because this award is a form of appreciation from the state to the complainants for helping law enforcers and taking part in protecting the country. As in the case of a corruption reporter who was made a suspect in Cirebon, he should be legally protected from any charges. Still, he was made a suspect, so LPSK should assist as much as possible so that his rights are protected or given in full. Sothis study will answer several questions (1) Legal protection for Whistleblowers in corruption cases in Indonesia. (2) The legal mechanism within the framework of the criminal law system in ensuring security for Whistleblowers in corruption crimes. This study uses a socio-legal method that examines with the help of social science. First, the results showed legal protection for whistleblowers, namely in Article 10 of Law Number 31 of 2014 concerning protecting witnesses and victims, obtaining legal protection physically and psychologically and materially and non-materially. Second, the regulation of whistleblowers is still not explicitly regulated, so there is a need for special rules so that whistleblowers can be protected from threats and legal guarantees for whistleblowers.","PeriodicalId":272345,"journal":{"name":"Media of Law and Sharia","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125324006","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}

引用次数: 0

Pertanggungjawaban Korporasi dalam Kasus Pencemaran Lingkungan Hidup 企业对环境污染案件的责任

Media of Law and Sharia Pub Date : 2022-06-30 DOI: 10.18196/mls.v3i3.14384

Novy Yandari Nurlaily, A. Supriyo

{"title":"Pertanggungjawaban Korporasi dalam Kasus Pencemaran Lingkungan Hidup","authors":"Novy Yandari Nurlaily, A. Supriyo","doi":"10.18196/mls.v3i3.14384","DOIUrl":"https://doi.org/10.18196/mls.v3i3.14384","url":null,"abstract":"The existence of the industry has a positive impact on the economy. However, along with the production process, it will also produce a waste product called waste. The purpose of this study is to analyze the responsibility of the company which in this case is PT Surabaya Industrial Estate Rungkut for waste pollution in the environment around the company. This study analyzes cases using a comparison between Law No. 32 of 2009 concerning Environmental Protection and Management with Law No. 11 of 2020 concerning Job Creation, article 88 which eliminates the absolute responsibility of corporations to be responsible. This study uses a normative juridical method. In this study, the authors analyze the problem of environmental waste which is suspected to have originated from the leakage of the Wastewater Management Installation (IPAL) owned by PT SIER and the corporate responsibility scheme of PT SIER for the case from the point of view of the Job Creation Act. The Job Creation Law itself is known to change the provisions related to absolute liability which previously bound corporations based on Law Number 32 of 2009 concerning Environmental Protection and Management. The results of this study indicate that the corporate responsibility for waste pollution that occurs after the elimination of absolute responsibility is limited to administrative responsibility.","PeriodicalId":272345,"journal":{"name":"Media of Law and Sharia","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125355025","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}

引用次数: 1

Peran Negara dalam Melindungi Hak-Hak Konstitusional Anak Terlantar di Indonesia 国家在保护被遗弃儿童的宪法权利方面的作用

Media of Law and Sharia Pub Date : 2022-06-30 DOI: 10.18196/mls.v3i3.14323

Faiz Asmi Permana, S. Wijayanti

{"title":"Peran Negara dalam Melindungi Hak-Hak Konstitusional Anak Terlantar di Indonesia","authors":"Faiz Asmi Permana, S. Wijayanti","doi":"10.18196/mls.v3i3.14323","DOIUrl":"https://doi.org/10.18196/mls.v3i3.14323","url":null,"abstract":"Abandoned children are children whose parents for some reason neglect and or are unable to carry out their obligations so that their physical, spiritual and social needs are not met. This study aims to identify and examine the function and role of the state in implementing and protecting the constitutional rights of neglected children in Indonesia. This type of research is a normative research with a statutory approach. The data collection technique is through literature review, and analyzed using qualitative descriptive methods. The results of the study indicate that the function and role of the state in protecting the constitutional rights of neglected children is sufficient in accordance with the 1945 Constitution of the Republic of Indonesia Article 34 paragraph (1) where the State through the Ministry of Social Affairs provides programs related to facilities and infrastructure related to neglected children in order to get their rights, namely Through the Child Social Welfare Program (PKSA) in these programs many benefits are felt by the abandoned children such as getting a place to live, education, access to health, cash assistance, clothing, housing, and food. However, in the process of implementing child protection, there are too many legal rules that regulate so that it gives rise to multiple interpretations related to these legal rules, especially to the general public. Regarding the fulfillment of children's rights, there is a need for supervision regarding the Welfare Program provided by the Government to neglected children so that the provision of assistance is carried out evenly and on target.","PeriodicalId":272345,"journal":{"name":"Media of Law and Sharia","volume":"99 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123377410","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}

引用次数: 0

Peran dan Kedudukan Dewan Gelar, Tanda Jasa Dan Tanda Kehormatan Dalam Sistem Ketatanegaraan Di Indonesia

Media of Law and Sharia Pub Date : 2022-06-30 DOI: 10.18196/mls.v3i3.14316

N. Nurjannah

引用次数: 0

Keabsahan Pembuktian Perkara Pidana pada Persidangan Online Selama Masa Pandemi Covid-19

Media of Law and Sharia Pub Date : 2022-06-30 DOI: 10.18196/mls.v3i3.14784

Aditya Cahya Putra, Laras Astuti

{"title":"Keabsahan Pembuktian Perkara Pidana pada Persidangan Online Selama Masa Pandemi Covid-19","authors":"Aditya Cahya Putra, Laras Astuti","doi":"10.18196/mls.v3i3.14784","DOIUrl":"https://doi.org/10.18196/mls.v3i3.14784","url":null,"abstract":"The high number of COVID-19 cases has had a multidimensional impact starting from the economy entering a wave of recession. In Indonesia, the government has implemented Physical Restrictions and Work From Home policies with the aim of reducing the risk of the spread of COVID-19. This policy also applies at the court level where the implementation of judicial hearings in the judicial room directly or through e-court because a direct trial has the potential to cause crowds and create new clusters of Covid-19 transmission. This study aims to identify and analyze legal remedies for the validity of evidence in criminal cases in online trials during the COVID-19 pandemic. This research is a normative research. Normative legal research is legal research that uses sources obtained from literature studies. Normative legal research includes research on legal principles, clinical legal research, legislation, legal history and comparative law. The results show that the validity of evidence in criminal cases can be seen based on two things, first from the theoretical side of the validity of evidence in criminal cases through legal teleconferences because Indonesia adheres to the theory of a negative proof system where in addition to evidence referring to the law, it also places the judge's conviction in seeking material truth. Second, from a juridical point of view, it can be narrowed down, namely the evidence in criminal case trials via teleconference during the COVID-19 pandemic is legally valid because first the debate over Article 185, there are rules outside the Criminal Procedure Code that regulate electronic evidence and the condition of the COVID-19 pandemic requires the state to prioritize safety. citizens but must continue to carry out the criminal justice process.","PeriodicalId":272345,"journal":{"name":"Media of Law and Sharia","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129556979","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}

引用次数: 0

Pelecehan Seksual terhadap Korban ditinjau dari Permendikbud Nomor 30 Tahun 2021 受害者遭受性侵的审查来自于2021年30年的指令

Media of Law and Sharia Pub Date : 2022-04-07 DOI: 10.18196/mls.v3i2.14336

Aulia Virgistasari, Anang Dony Irawan

{"title":"Pelecehan Seksual terhadap Korban ditinjau dari Permendikbud Nomor 30 Tahun 2021","authors":"Aulia Virgistasari, Anang Dony Irawan","doi":"10.18196/mls.v3i2.14336","DOIUrl":"https://doi.org/10.18196/mls.v3i2.14336","url":null,"abstract":"Sexual harassment is an abuse of power from male sexuality, so that harassment can occur because it starts from a position that places the throne of men higher than women, crimes against women often experience unfair treatment and violations of their rights. This sexual crime does not only take place in the private room, the family environment, the playing environment, the office environment, or the company. But it can also happen in a college environment. The formulation of the problem in this paper is first, whether victims of sexual harassment in a university environment can get legal protection. And second, what is the form of legal protection for victims of sexual harassment in universities. The purpose of the study was to find out how the legal protection of victims of sexual harassment in the university environment is and also to analyze the forms of legal protection that are reviewed in Permendikbud Number 30 of 2021. The research method used is normative juridical research. With the presence of Permendikbud Number 30 of 2021, there is no longer any reason for universities not to prevent and handle sexual violence. The reason for the issuance of this regulation is because the cases of sexual harassment in universities are becoming more and more disturbing. If sexual harassment is not prevented then what will be the fate of human civilization, because the source of its civilization itself is not given protection and handling, how can justice be fully served if the victims of these crimes are instead blamed.","PeriodicalId":272345,"journal":{"name":"Media of Law and Sharia","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121796205","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}

引用次数: 6