Law Reform Jurnal Pembaharuan Hukum最新文献_第7页

Criminal Law Policy of Justice Collaborator in Corruption Crime Case 贪污犯罪案件中司法合作者的刑法政策

Law Reform Jurnal Pembaharuan Hukum Pub Date : 2021-03-31 DOI: 10.14710/LR.V17I1.37550

Khrisna Lintang Satrio Nugroho

{"title":"Criminal Law Policy of Justice Collaborator in Corruption Crime Case","authors":"Khrisna Lintang Satrio Nugroho","doi":"10.14710/LR.V17I1.37550","DOIUrl":"https://doi.org/10.14710/LR.V17I1.37550","url":null,"abstract":"Trial of criminal law cases is highly important to prove misconduct in a case. In respect to the evidence of corruption criminal act, an insider is needed as a perpetrator of the offence who works with the investigators, or usually called justice collaborator. The main focus of this study is to examine criminal law policy on the concept of justice collaborator in corruption criminal act and how the legal punishment is for justice collaborators in corruption criminal act. This study is a descriptive research using juridical normative approach. Data used in this study were secondary data. Case study approach was applied in this study. This means that the researcher makes a comparison of cases on the implementation of justice collaborator which is based on a study of a verdict. According to the result of the research, it is indicated that up to now there has not been conformity in terms of legal regulations or interpretation of the concept of Whistle blower and Justice Collaborator. There has not been mutual understanding in terms of the conviction of the perpetrator who is willing to work with the investigators to uncover a corruption criminal act. This leads to disparity in the making of verdict for the offender.","PeriodicalId":33353,"journal":{"name":"Law Reform Jurnal Pembaharuan Hukum","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41741634","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

The Hike in BPJS Kesehatan’s Premiums based on The principle of Justice in Service Regulation of Healthcare Insurance 基于医疗保险服务监管公平原则的BPJS Kesehatan保费飙升

Law Reform Jurnal Pembaharuan Hukum Pub Date : 2021-03-31 DOI: 10.14710/LR.V17I1.37548

Alfin Reza Syahputra, A. I. Munandar

{"title":"The Hike in BPJS Kesehatan’s Premiums based on The principle of Justice in Service Regulation of Healthcare Insurance","authors":"Alfin Reza Syahputra, A. I. Munandar","doi":"10.14710/LR.V17I1.37548","DOIUrl":"https://doi.org/10.14710/LR.V17I1.37548","url":null,"abstract":"There have been a lot of complaints regarding the service received by the members of Healthcare and Social Security Administrative Body, or so called BPJS Kesehatan. This situation has been worsened with the hike in premiums of BPJS Kesehatan’s independent members stipulated in Presidential Regulations Number 75 / 2019 and The Amendment of Presidential regulation Number 82/2018 on Health insurance. After announcing the hike of BPJS Kesehatan premiums, the government must also improve the healthcare service to all the independent participants of BPJS Kesehatan. This study aimed to examine juridical review on the hike in BPJS’s Premiums based on the principle of justice on the policies of healthcare and social security. This study was conducted by applying normative juridical research method using statue approach and secondary data. According to the result of the research, Regulation Number 40 Year 2004 concerning National Social Insurance and Regulation Number 24 Year 2011 on the implementing agency of social insurance have applied the principle of justice in their policies. However, Presidential Regulation Number 75 Year 2019 “Presidential Regulation Number 82 Year 2018 on Health Insurance” has not implemented or reflected the principle of justice in its policies. In addition, the government reason to increase the payment of BPJS Kesehatan is that BPJS has been in financial deficit. In order to solve this problem, one of the solutions that the government can offer is to seek for other financial sources instead of putting the burden on the members of the social health insurance program. ","PeriodicalId":33353,"journal":{"name":"Law Reform Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45089571","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

Reconceptualization of The Competence to be held Responsible in National Criminal Code 国家刑法责任能力的再认识

Law Reform Jurnal Pembaharuan Hukum Pub Date : 2021-03-31 DOI: 10.14710/LR.V17I1.37555

Ikhsan Alfarisi, Fina Afriani, Yasmir Yasmir

{"title":"Reconceptualization of The Competence to be held Responsible in National Criminal Code","authors":"Ikhsan Alfarisi, Fina Afriani, Yasmir Yasmir","doi":"10.14710/LR.V17I1.37555","DOIUrl":"https://doi.org/10.14710/LR.V17I1.37555","url":null,"abstract":"Construction of norm in determining competence to be responsible stated in Criminal Code (KUHP) needs to be reconceptualized because the construction does not make any qualification on the incompetence to be responsible (verminderde teorekeningsvatbaarheid) in criminal science law. . Criminal Code stipulates that a person is deemed incompetence to be responsible for the crime he/she commits for 2 (two) reasons. First is if the person is considered mentally incapable (gebrekkige ontwikkeling), and the second is if a person is considered incapable because of an illness (ziekelijke storing). This article aims to reconceptualize the competence to be responsible stated in National Criminal Code through qualitative literature study on some texts. The finding of the study is that first, the concept of norm competence to be responsible stated in Criminal Code is no longer relevant with current development of psychiatry and law which have been specialized and interdisciplinary. The second is that the categorization of a person’s mental condition considered light and severe mental retard and has given chance for the concept of incompetence to be responsible (verminderde teorekeningsvatbaarheid), which so far is only recognized in criminal study, to be normatively present in light mental retard category and to give a chance to negatief wettelijk evolution in the study of criminal procedure to move to positief wettelijk on the superego of judge’s decision based on visum et repertum psychiatry of a psychiatrist.","PeriodicalId":33353,"journal":{"name":"Law Reform Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44267014","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

The Ideology Of Law: Embodying The Religiosity Of Pancasila In Indonesia Legal Concepts 法律意识形态：印尼法律观念中潘卡西拉宗教性的体现

Law Reform Jurnal Pembaharuan Hukum Pub Date : 2021-03-31 DOI: 10.14710/LR.V17I1.37554

Sinung Mufti Hangabei, Khudzaifah Dimyati, Absori Absori, Akhmad Akhmad

{"title":"The Ideology Of Law: Embodying The Religiosity Of Pancasila In Indonesia Legal Concepts","authors":"Sinung Mufti Hangabei, Khudzaifah Dimyati, Absori Absori, Akhmad Akhmad","doi":"10.14710/LR.V17I1.37554","DOIUrl":"https://doi.org/10.14710/LR.V17I1.37554","url":null,"abstract":"The Pancasila ideology is positioned as the source of all sources of law in Indonesia. This meaning cannot be separated from the ideal value of the Indonesian Nation, which is God Almighty. This paper discusses the understanding of religious dimension of Pancasila as a legal norm, so that the applicable law can achieve its objectives. The normative and philosophical approach methods show that Pancasila has the roots of religiosity in its formation. The results of the study show that the strengthening of substantial ideological thinking based on social values that live in society and cannot be separated from the religious values of Pancasila becomes a place where law carries out its functions and roles in the life of the nation and state. In conclusion, the basic norms of the state, Pancasila, which have a religious dimension, are used as a benchmark in assessing the validity of the established regulations. The purpose of law is inseparable from the ultimate goal in the life of the nation and state, namely the values and philosophy of community life itself. The legal construction that puts aside Indonesian values in the context of ideology and the ideology of Pancasila law will result in the law losing its \"spirit\".","PeriodicalId":33353,"journal":{"name":"Law Reform Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47727385","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

Sharia Compliance in Micro Waqf Bank Business Activities: A Study of Protection of Consumer’s Spiritual Rights 小额宗教基金银行业务活动中的伊斯兰合规：消费者精神权利保护研究

Law Reform Jurnal Pembaharuan Hukum Pub Date : 2021-03-31 DOI: 10.14710/LR.V17I1.37556

Winda Fitri

{"title":"Sharia Compliance in Micro Waqf Bank Business Activities: A Study of Protection of Consumer’s Spiritual Rights","authors":"Winda Fitri","doi":"10.14710/LR.V17I1.37556","DOIUrl":"https://doi.org/10.14710/LR.V17I1.37556","url":null,"abstract":"The emergence of conventional financial institutions before sharia financial institutions affects the development of the two financial institutions to be different. Another factor is the public's cynicism or skepticism towards Islamic financial institutions which assume that the two financial institutions are the same. Thus, the purpose of this study was to analyze the implementation of sharia compliance policies as an effort to improve the development of Islamic financial institutions and consumer protection in Indonesia. This research focused on the Micro Waqf Bank as a Micro Financial Institution that applies sharia principles using statutory and conceptual approaches. In Indonesia, the sharia compliance policy of the Micro Waqf Bank has been regulated in the laws and regulations related to Micro Financial Institutions. The implementation of sharia unity is an effort to reduce cynicism in Islamic financial institutions and to provide protection to consumers' special rights in the form of spiritual rights that every Muslim has to carry out his religion perfectly (kaffah). Sharia compliance policy is the result of the transformation of the DSN-MUI Fatwa into the form of legislation to make it more binding and applicable in the business activities of Micro Waqf Bank.","PeriodicalId":33353,"journal":{"name":"Law Reform Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49435135","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

Privacy Policy on Smart Contracts in E-Commerce Transactions 电子商务交易中智能合约的私隐政策

Law Reform Jurnal Pembaharuan Hukum Pub Date : 2021-03-31 DOI: 10.14710/LR.V17I1.37552

Mariska Zena Wilona, E. Latifah, H. Purwadi

引用次数: 0

Law Enforcement in The Handling of People Smuggling Crime in Indonesia 印尼处理人口走私犯罪的执法

Law Reform Jurnal Pembaharuan Hukum Pub Date : 2020-09-27 DOI: 10.14710/LR.V16I2.33769

H. Siahaan

引用次数: 1

Indonesia’s Criminal Justice System with Pancasila Perspective as an Open Justice System Pancasila视角下的印尼刑事司法系统

Law Reform Jurnal Pembaharuan Hukum Pub Date : 2020-09-27 DOI: 10.14710/LR.V16I1.33768

Robi’atul Adawiyah, Umi Rozah

{"title":"Indonesia’s Criminal Justice System with Pancasila Perspective as an Open Justice System","authors":"Robi’atul Adawiyah, Umi Rozah","doi":"10.14710/LR.V16I1.33768","DOIUrl":"https://doi.org/10.14710/LR.V16I1.33768","url":null,"abstract":"The criminal justice system should be an embodiment of values of Pancasila. Few cases raised concerns and questioned Pancasila’s practice because it hurt community justice sense. Pancasila must be reflected in criminal law enforcement. The criminal justice system is open whose operation is influenced by the environment the subsystems's operation, it is very important to be studied comprehensively. This article discusses the Indonesian criminal justice system with a Pancasila perspective; Indonesian criminal justice system with the concept of Pancasila as an open criminal justice system; subsystem in the Indonesian criminal justice system has the concept of Pancasila as an open criminal justice system. The research method in this article is normative with philosophy approach. The results showed that criminal justice system has Pancasila perspective, means that it must prioritize humanity, the balance of the interests of perpetrators and victims, the justice of God, humanity and society (substantive justice). As an open system, it does not work in solitaire in a vacuum, but must pay attention to legal values and community justice sense so that the working of it is more contextual in applying criminal law to achieve its success. And all subsystems in the criminal justice system have basically been based on Pancasila as an open justice system.","PeriodicalId":33353,"journal":{"name":"Law Reform Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45671104","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

The Making of Law in Indonesia: A Criticism and Evaluation of The Practise of Legislative Function in The House of Representatives 印尼立法：对众议院立法职能实践的批评与评价

Law Reform Jurnal Pembaharuan Hukum Pub Date : 2020-09-27 DOI: 10.14710/LR.V16I2.33773

Siti Mariyam, Adhi Putra Satria, Markus Suryoutomo

{"title":"The Making of Law in Indonesia: A Criticism and Evaluation of The Practise of Legislative Function in The House of Representatives","authors":"Siti Mariyam, Adhi Putra Satria, Markus Suryoutomo","doi":"10.14710/LR.V16I2.33773","DOIUrl":"https://doi.org/10.14710/LR.V16I2.33773","url":null,"abstract":"The House of Representatives is a state institution that functions in the field of legislation. The current fact is that the DPR's performance in the field of legislation always gets records, because the resulting Law is still below Prolegnas target. On the basis of the problems as referred to, the writing of this article aims to find out what the problems and the efforts that need to be made in overcoming the problem of the formation of laws which fall under the authority of the DPR are. In the discussion, the author tries to provide criticism aimed at the process of forming a law in the DPR, seen from three indicators, namely from the legal substance factor, the legal structure factor and the legal culture factor, the legal substance relating to the current Law does not regulate the maximum number of Prolegnas, the legal structure related to law-forming institutions originating from political parties, and the legal culture related to community rejection of the bill being discussed. The solution to these 3 (three) problems needs to be changed, such as strengthening regulations regarding restrictions on performance-based Prolegnas submissions, making Integrity Facts for DPR members and regulations governing public involvement in making laws stronger, this needs to be done in order to keep it up. maintain the level of public trust in the DPR in carrying out its legislative functions.","PeriodicalId":33353,"journal":{"name":"Law Reform Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46441683","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

Position of Supervisory Board Organ and Its Implications for the Institutional Corruption Eradication Commission 监事会机构的地位及其对廉政公署的启示

Law Reform Jurnal Pembaharuan Hukum Pub Date : 2020-09-27 DOI: 10.14710/LR.V16I2.33770

M. Bima, Rizki Ramadani

引用次数: 4