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Guidance Concept for Convicts in Penitentiary as Legal Means to Minimize Narcotics Abuse 管教所罪犯指导理念:减少毒品滥用的法律手段
Jurnal IUS Pub Date : 2023-08-31 DOI: 10.29303/ius.v11i2.1173
Herlina Manullang, July Esther, None Jusnizar
{"title":"Guidance Concept for Convicts in Penitentiary as Legal Means to Minimize Narcotics Abuse","authors":"Herlina Manullang, July Esther, None Jusnizar","doi":"10.29303/ius.v11i2.1173","DOIUrl":"https://doi.org/10.29303/ius.v11i2.1173","url":null,"abstract":"Almost fifty percent of the prison population is prisoners of narcotics, this situation is very worrying for the occurrence of drug abuse in prison. Overcrowding greatly affects the process of coaching prisoners, so it is likely that the expected goal of punishment will not be achieved. The nature of the type of research is normative juridical. The concept of coaching carried out to prisoners in prison is guided by Article 34 to Article 46 of Corrections Law No. 22 of 2022. The mentoring program for prisoners of drug abuse is carried out including personality coaching and independence coaching. Efforts to minimize the abuse of narcotics in prison are guided by Permenkumham No. 6 of 2013 relating to the Code of Conduct for Correctional Institutions and Detention Centers. Based on these regulations, efforts to minimize drug abuse in prisons are carried out with preventive and repressive actions. The obstacles faced by prisons in minimizing drug abuse in prisons include the unavailability of experts, obstacles from the community and the lack of infrastructure and facilities in carrying out the process of coaching prisoners.","PeriodicalId":34628,"journal":{"name":"Jurnal IUS","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135992483","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
ISPO Policy on Palm Oil Industry and Biodiesel Development in North Aceh 北亚齐省棕榈油工业和生物柴油发展政策
Jurnal IUS Pub Date : 2023-08-31 DOI: 10.29303/ius.v11i2.1198
None Jamaluddin, None Faisal, Elidar Sari, None Jumadiah
{"title":"ISPO Policy on Palm Oil Industry and Biodiesel Development in North Aceh","authors":"None Jamaluddin, None Faisal, Elidar Sari, None Jumadiah","doi":"10.29303/ius.v11i2.1198","DOIUrl":"https://doi.org/10.29303/ius.v11i2.1198","url":null,"abstract":"The total area of oil palm plantations in Aceh Utara Regency is 33,781.64 hectares, managed and operated by 11 oil palm plantation companies. In accordance with the Regulation of the Minister of Agriculture Number 11/Permentan/Ot.140/3/2015 regarding the Indonesian Sustainable Palm Oil Certification System (ISPO), the Government of Aceh Utara Regency has formulated a vision for the palm oil industry within its jurisdiction. This vision is centered around sustainability and its influence on the growth of the biodiesel sector in Aceh Utara Regency. To achieve this, the government encourages the palm oil industry to adopt ISPO certification. This research aims to analyze and describe the challenges, roles, and initiatives undertaken by the Government in Aceh Utara Regency to promote ISPO certification within the palm oil industry. The research employs an empirical juridical approach, encompassing the identification of research subjects, a statutory analysis, and horizontal and vertical synchronization methodologies to address the implementation of ISPO certification. The results of study reveal that the Government of Aceh Utara Regency has actively motivated palm oil plantation entrepreneurs to swiftly pursue ISPO certification. The government has established a dedicated team and allocated funds to expedite the implementation of ISPO.","PeriodicalId":34628,"journal":{"name":"Jurnal IUS","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135992480","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
Maximum Limitation of Fines for Economic Crimes In Law Number 1 of 2023 《2023年第1号法》中经济犯罪的最高罚款限额
Jurnal IUS Pub Date : 2023-08-29 DOI: 10.29303/ius.v11i2.1261
Herman Herman, Fokke J. Fernhout
{"title":"Maximum Limitation of Fines for Economic Crimes In Law Number 1 of 2023","authors":"Herman Herman, Fokke J. Fernhout","doi":"10.29303/ius.v11i2.1261","DOIUrl":"https://doi.org/10.29303/ius.v11i2.1261","url":null,"abstract":"Criminal law provisions in the colonial-era Criminal Code are no longer competent to uphold society’s sense of justice due to the emergence of more sophisticated crimes with a variety of modus operandi. By approving Law Number 1 of 2023 on the Criminal Code, the first steps toward reforming the criminal code were taken. One of the recently established law reforms has to do with the criminal justice system. In this study, the punishment scheme in Law Number 1 of 2023 will be identified and analyzed, as well as the effects of the law’s provision for maximum criminal sentences for economic offenses. This article’s study was conducted using a normative legal research methodology that included statutory, conceptual, and case-based approaches. The study’s findings demonstrate that Law Number 1 of 2023 offers minimal and maximum protections against criminal risks, among them economic crimes. If the loss resulting from the offense exceeds the maximum fine that may be imposed, this rule may result in unfairness, especially for the victim. Additionally, because judges are not allowed to impose sentences that exceed the predetermined guidelines, the maximum punishment cap may lessen the deterrent effect on criminals.","PeriodicalId":34628,"journal":{"name":"Jurnal IUS","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136349494","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 Future of Sex Robots in Indonesia: Law, Science, And Technology 印尼性爱机器人的未来:法律、科学和技术
Jurnal IUS Pub Date : 2023-08-28 DOI: 10.29303/ius.v11i2.1200
Muhamad Dzadit Taqwa, Ahmad Alfarizy, Melinda Yunita Lasmaida Sirait
{"title":"The Future of Sex Robots in Indonesia: Law, Science, And Technology","authors":"Muhamad Dzadit Taqwa, Ahmad Alfarizy, Melinda Yunita Lasmaida Sirait","doi":"10.29303/ius.v11i2.1200","DOIUrl":"https://doi.org/10.29303/ius.v11i2.1200","url":null,"abstract":"Sex robots are humanoid machines used to fulfill sexual desires of their users. Their presence has created debates around the world. Currently, sex robots are not sold freely in Indonesia. Although, the future of such an innovation has to be scrutinized through the Indonesian laws. From the proponent side, the existence of such robots has possibly several justifications: (1) their usage has no implications on other people other than their users; (2) the market is potentially high; and (3) the use of this object entails some psychological benefits for those in need of them. Conversely, the opposing group will potentially argue that this technology is not in line with the religious values, decency, and even the laws in Indonesia. We did not find any journals that had discussed sex robots, especially through a law, science and technology approach, so there is still a research gap. This article scrutinized sex robots through the law, science, and technology perspective in the context of Indonesia in order to bring up their impacts that may require legal involvement. In principle, the use of sex robots that are used individually does not mean that they cannot be prohibited, especially if they are against the law, violate moral values, and/or disrupt the public interests in Indonesia.","PeriodicalId":34628,"journal":{"name":"Jurnal IUS","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-08-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135134142","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
Pancasila's Economic Existence in Business Development: The Efforts to Realize Justice in Business Law 潘卡西拉在商业发展中的经济存在:商法正义实现的努力
Jurnal IUS Pub Date : 2023-08-26 DOI: 10.29303/ius.v11i2.1224
Asmah Asmah, Azizah Azizah, Retno Sari Dewi, Ruetaitip Chansrakaeo
{"title":"Pancasila's Economic Existence in Business Development: The Efforts to Realize Justice in Business Law","authors":"Asmah Asmah, Azizah Azizah, Retno Sari Dewi, Ruetaitip Chansrakaeo","doi":"10.29303/ius.v11i2.1224","DOIUrl":"https://doi.org/10.29303/ius.v11i2.1224","url":null,"abstract":"The Pancasila economy as a characteristic of Indonesia's unique economy encounters problems when faced with increasingly massive business developments. Business law has a role so that the existence of the Pancasila economy is maintained in the era of business development. This study aims to analyze the existence of Pancasila during business development to realize justice in the realm of business law. This is because the Pancasila economy seeks to apply the economic values of Pancasila in accordance with the interpretation of the constitution. This research is normative legal research with conceptual, statutory, and philosophical approaches. The results of the study confirm that the existence of the Pancasila economy is urgent to be maintained through various legal policies so that business development does not perpetuate capitalism which can create injustice in business competition. Business law in its development needs to refer to and pay special attention to the Pancasila economy so that existing business practices in Indonesia are in line with Pancasila values.","PeriodicalId":34628,"journal":{"name":"Jurnal IUS","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-08-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135236407","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
Strengthening The Relationality of Heteronomous and Autonomous Legal Rules in Workers’ Decent Wage Law Policies (An Attempt to Create a Dignified Tripatrid Ecosystem) 强化工人体面工资法政策中他律规则与自治规则的关系(构建有尊严的三角生态系统的尝试)
Jurnal IUS Pub Date : 2023-08-25 DOI: 10.29303/ius.v11i2.1241
Any Suryani Hamzah
{"title":"Strengthening The Relationality of Heteronomous and Autonomous Legal Rules in Workers’ Decent Wage Law Policies (An Attempt to Create a Dignified Tripatrid Ecosystem)","authors":"Any Suryani Hamzah","doi":"10.29303/ius.v11i2.1241","DOIUrl":"https://doi.org/10.29303/ius.v11i2.1241","url":null,"abstract":"The Job Creation Act (Ciptaker) protects the interests of employers (corporations) by omitting the heterogeneous Legal terms that are integrated (coherent) into the State and the workers expect to provide protection for workers in the context of determining and providing decent wages for workers. These legal circumstances demonstrate that, under the Job Creation Act, the application of autonomous legal norms predominates over the application of heteronomous legal principles. Such a situation affects the obscure presence of the State in providing decent employment for workers and upsets the tripartite ecosystem. It is employed to restore the degradation of the quality of the relationship between the two parties within the Job Creation Act. Therefore, it is necessary to make legal reconstruction efforts related to matters associated with the determination and payment of wages for workers in the Job Creation Act that emerge uncertainty and injustice for workers, to produce a formulation of a decent and fair wage legal policy to establish a relationship between the state, workers, and decent employers (Tripart ides). This research uses normative legal research methods, the type of research used in juridical normative research is descriptive. As for the approaches used in this research, there are several methods found in normative law research, among others: conceptual approaches, and philosophical approaches.
","PeriodicalId":34628,"journal":{"name":"Jurnal IUS","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134930543","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 Awareness of Millennial Generation Towards Halal-Certified Products: An Empirical Study Potentially Influencing Policy-Making 千禧一代对清真认证产品的认知:一项可能影响决策的实证研究
Jurnal IUS Pub Date : 2023-08-24 DOI: 10.29303/ius.v11i2.1258
Ida Ayu Ketut Artami, Sri Maryanti, I Gusti Ayu Oka Netrawati, Febrian Humaidi Sukmana
{"title":"The Awareness of Millennial Generation Towards Halal-Certified Products: An Empirical Study Potentially Influencing Policy-Making","authors":"Ida Ayu Ketut Artami, Sri Maryanti, I Gusti Ayu Oka Netrawati, Febrian Humaidi Sukmana","doi":"10.29303/ius.v11i2.1258","DOIUrl":"https://doi.org/10.29303/ius.v11i2.1258","url":null,"abstract":"In addition to understanding the implementation of Law No. 30 of 2014 concerning Halal Product Assurance, this study also aims to ascertain the level of awareness among the millennial generation in Kota Mataram regarding halal-certified products and the influencing factors such as religious beliefs, exposure, and health motivations. Furthermore, the findings of this study are expected to provide insights for stakeholders in formulating more effective halal policies. The data for this research were collected from both secondary and primary sources. The primary data were obtained through the distribution of questionnaires to a sample of 152 respondents, and the data were analyzed using descriptive statistics. The results of this study indicate that the implementation of the aforementioned law is progressing adequately, albeit with some challenges. It was observed that the awareness of millennial generation in Kota Mataram towards halal-certified products is high, reaching 82%. However, there is a tendency for respondents to be uncertain about conducting pre-purchase checks on the halal status of products. The millennial generation in Kota Mataram exhibits a strong religious inclination, as evidenced by a religious belief score of 92%. Nonetheless, there appears to be a propensity for them to allocate insufficient time to enhance their understanding of religious matters. Furthermore, the millennial generation in Kota Mataram demonstrates a notable exposure (66%) to halal-certified products, although there seems to be a lack of consistent updates regarding information on products that are halal-certified. Lastly, concerning the association of health reasons with halal-certified products, an 81% response rate was recorded. However, it is evident that the millennial generation in Kota Mataram is somewhat hesitant to fully embrace the notion that halal-certified products guarantee health benefits and disease prevention.","PeriodicalId":34628,"journal":{"name":"Jurnal IUS","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-08-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135471012","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
Reconstruction of The Vice Regent’s Position in Optimization of Regional Autonomy: Realizing Democratic and Justice Values 区域自治优化中副摄政王地位的重构:民主与正义价值的实现
Jurnal IUS Pub Date : 2023-08-16 DOI: 10.29303/ius.v11i2.1235
Liberthin Palullungan, Lisma Lumentut, Zainal Amin Ayub
{"title":"Reconstruction of The Vice Regent’s Position in Optimization of Regional Autonomy: Realizing Democratic and Justice Values","authors":"Liberthin Palullungan, Lisma Lumentut, Zainal Amin Ayub","doi":"10.29303/ius.v11i2.1235","DOIUrl":"https://doi.org/10.29303/ius.v11i2.1235","url":null,"abstract":"The ambiguity of the Deputy Regent's position in local government makes the Deputy Regent's position often underestimated. The Deputy Regent is perceived as a subordinate of the Regent even though the Regent and Deputy Regent are both directly elected by the people. This study aims to reconstruct the Deputy Regent's position in order to optimize regional autonomy while at the same time embodying the values ​​of democracy and justice. This research is doctrinal research, prioritizing conceptual and statutory approaches. The results of the study confirmed that the weak position of the Deputy Regent compared to the Regent in carrying out his duties was caused by two factors, namely the juridical factor in the form of the absence of special arrangements regarding the duties and powers of the Deputy Regent, and from non-juridical factors, which is a political factor that placed the Deputy Regent as the Regent's subordinate. Efforts to realize the values ​​of democracy and justice for optimizing regional autonomy can be carried out by reconstructing the authority of the Deputy Regent by strengthening the proportional distribution of authority between the Regent and Deputy Regent.","PeriodicalId":34628,"journal":{"name":"Jurnal IUS","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135022610","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
Legal Status of Accident Investigation Results of Space Activities in The Process of Enforcement of Space Law Enforcement in Indonesia: Between Procedural Justice and Substance Justice 印尼空间执法过程中空间活动事故调查结果的法律地位:介于程序正义与物质正义之间
Jurnal IUS Pub Date : 2023-08-01 DOI: 10.29303/ius.v11i2.1259
Mansur Armin Bin Ali
{"title":"Legal Status of Accident Investigation Results of Space Activities in The Process of Enforcement of Space Law Enforcement in Indonesia: Between Procedural Justice and Substance Justice","authors":"Mansur Armin Bin Ali","doi":"10.29303/ius.v11i2.1259","DOIUrl":"https://doi.org/10.29303/ius.v11i2.1259","url":null,"abstract":"Investigation findings and information obtained as a consequence of investigations cannot be treated as state secrets or utilized as evidence in court. This principle, which is followed by international aviation law, has generated controversy in Indonesian law enforcement practices, particularly when it comes to criminal and civil procedural laws, which acknowledge that the findings of investigations can serve as a foundation for further inquiries to identify suspects. The study’s findings revealed that, first, the ad hoc team’s philosophical investigation of space accidents within the framework of international law aims to determine the causes of spacecraft accidents to ensure that they don’t happen again in the future within the context of the main legal goal of benefit and justice for more people (the most people with the most happiness possible). While compensation claims are based on liability and without error (strict liability), police investigations as described in Articles 95 through 100 are intended to find criminal acts in space activities. There is no functional relationship between the two processes, so the findings of police or special team investigations cannot be used as the basis for carrying out legal actions. Given the obvious differences between the team’s investigation and the police’s investigation, there must be coordination between the technical team of the ministry and the police regarding the responsibilities and functions of these two institutions, each of which has a unique position and set of legal obligations. With this knowledge, it is believed that there won’t be any criminal prosecutions brought against the crews of spacecraft, similar to those brought against pilots in situations involving aviation accidents.","PeriodicalId":34628,"journal":{"name":"Jurnal IUS","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135003402","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 Justice for Illegitimate Children of Indonesian Women Workers Through Constitutional Court Decision No. 46/PUU-VIII/2010 通过宪法法院第46/PUU-VIII/2010号决定为印度尼西亚女工的私生子伸张正义
Jurnal IUS Pub Date : 2023-07-28 DOI: 10.29303/ius.v11i2.1228
Hazar Kusmayanti, Dede Kania, Ramalinggam Rajamanickam, Mohammad Hamidi Masykur
{"title":"The Justice for Illegitimate Children of Indonesian Women Workers Through Constitutional Court Decision No. 46/PUU-VIII/2010","authors":"Hazar Kusmayanti, Dede Kania, Ramalinggam Rajamanickam, Mohammad Hamidi Masykur","doi":"10.29303/ius.v11i2.1228","DOIUrl":"https://doi.org/10.29303/ius.v11i2.1228","url":null,"abstract":"The position of children out of marriage in everyday life by some people is seen as low, on the other hand in terms of welfare and civil rights still get limitations. This research focuses on the implementation of Constitutional Court Decision No. 46/ PUU-VIII /2010 on illegitimate children of Indonesian Women Workers. The research confirmed that the addition of Article 43 paragraph (1) made by the Constitutional Court through Decision No. 46/PUU-VIII/2010 is not only limited to the right to protection but has a very broad meaning that also includes illegitimate children born to Indonesian Women Workers. In accordance with the principle of equality before the law, the law must provide fair protection and legal certainty. The findings of this study revealed that illegitimate children of migrant workers can obtain constitutional rights as Indonesian citizens adhering to the principles of the rule of law. Therefore, the Constitutional Court’s decision does not only affect children’s inheritance rights, but also has implications for guaranteeing and protecting illegitimate children born to migrant workers, such as the right to earn a living, guardianship rights, and the right to get child support from a biological father.","PeriodicalId":34628,"journal":{"name":"Jurnal IUS","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135607740","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
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