Fox Justi : Jurnal Ilmu Hukum最新文献

{"title":"THE ROLE OF LEGAL ASSISTANCE INSTITUTIONS IN PROVIDING LEGAL ASSISTANCE TO WOMEN AS VICTIMS OF SEXUAL VIOLENCE","authors":"Anita Damayanti","doi":"10.58471/justi.v12i1.14","DOIUrl":"https://doi.org/10.58471/justi.v12i1.14","url":null,"abstract":"The purpose of this study was to determine the legal assistance provided by LBH APIK to victims of sexual violence and the obstacles faced by LBH APIK in providing legal assistance to women victims of sexual violence. This research is a field research where data collection is carried out by interviewing parties related to the research topic. The results of the study show that: 1) The legal basis of the Indonesian Women's Association for Justice Legal Aid Institute or LBH APIK in providing legal assistance to women victims of violence is based on Law no. 16 of 2011 concerning Legal Aid, Law no. 18 of 2003 concerning Advocates and Standard Operating Procedures, hereinafter abbreviated as SOP. The role in providing legal assistance to women as victims is litigation and non-litigation. Litigation is a process of mentoring from the beginning of handling a case to a verdict in court, non-litigation is a process outside the court that is up to the mediation stage. In addition, LBH APIK carries out other legal reinforcements such as conducting legal counseling and legal seminars held in the Makassar city area. 2) The obstacles faced by LBH APIK in handling their cases are victims who are reluctant to tell their cases and the police who think that if there is sexual violence against women it is based on consensual factors, not coercion. LBH APIK carried out other legal reinforcements such as conducting legal counseling and legal seminars held in the Makassar city area. 2) The obstacles faced by LBH APIK in handling their cases are victims who are reluctant to tell their cases and the police who think that if there is sexual violence against women it is based on consensual factors, not coercion. LBH APIK carried out other legal reinforcements such as conducting legal counseling and legal seminars held in the Makassar city area. 2) The obstacles faced by LBH APIK in handling their cases are victims who are reluctant to tell their cases and the police who think that if there is sexual violence against women it is based on consensual factors, not coercion.","PeriodicalId":351142,"journal":{"name":"Fox Justi : Jurnal Ilmu Hukum","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121781130","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":"TYPOLOGY OF LEGAL RESEARCH METHODS IN NORMATIVE AND SOCIOLOGICAL THINKING","authors":"Ujang Charda S","doi":"10.58471/justi.v12i1.769","DOIUrl":"https://doi.org/10.58471/justi.v12i1.769","url":null,"abstract":"Legal Research Methods in understanding and exploring technical aspects of legal research in accordance with the peculiarities of legal science which has a dual paradigm, not only normative in character, but also with sociological empirical character. The research method used is descriptive analytical with a normative juridical approach through the literature and field research stages with data collection techniques through library research. Then the data were analyzed through a qualitative normative method without using numbers and mathematical formulas. Based on the results of the study, it shows that the dichotomy of the scientific paradigm of legal science has actually resulted in a lack of agreement among legal scientists regarding the legal research model that will be developed to answer various legal issues that arise in the life of the legal community. This dual legal scientific paradigm also ultimately creates confusion regarding the research model that will be developed when conducting legal research","PeriodicalId":351142,"journal":{"name":"Fox Justi : Jurnal Ilmu Hukum","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127987950","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 MEDICAL SERVICES AT LABUANG BAJI REGIONAL GENERAL HOSPITAL, MAKASSAR CITY ACCORDING TO LAW NO. 36 YEAR 2009 CONCERNING HEALTH","authors":"Siti Amimah","doi":"10.58471/justi.v12i1.13","DOIUrl":"https://doi.org/10.58471/justi.v12i1.13","url":null,"abstract":"This study aims to determine: (1) how is the legal relationship between doctors and patients in the action of medical services at the Labuang Baji General Hospital Makassar. (2) Is every doctor responsible for the patient in an effort to provide medical services at the hospital? (3) What are the factors that influence the implementation of medical services at the Labuang Baji Regional General Hospital, Makassar City. Based on the results of this study indicate that 1) The legal relationship that occurs between doctors and patients in the action of medical services at the Labuang Baji Makssar Regional General Hospital is when the patient states his complaint and is then responded to by the doctor and when the patient is examined by the doctor, where the doctor has expressed his willingness which is expressed verbally or implicitly in showing an attitude or action that concludes the doctor's willingness. 2) a doctor is always responsible for every action given to his patient. 3) The factors that influence the implementation of medical services in hospitals are: the gap between the expectations of the patient or the patient's family towards the medical profession","PeriodicalId":351142,"journal":{"name":"Fox Justi : Jurnal Ilmu Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132722364","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 NOTARIES IN BANKING CREDIT AGREEMENTS: ANALYSIS OF LAWS NO. 10 OF 1998 AND NO. 2 OF 2014","authors":"Rizal Ramadhani","doi":"10.58471/justi.v12i1.173","DOIUrl":"https://doi.org/10.58471/justi.v12i1.173","url":null,"abstract":"The position of a Notary, as a General Officer who makes an authentic deed is very much needed in banking business activities, one of which is in making a deed of banking credit agreement involving customers and banks, to guarantee the truth of the contents set forth in the banking credit agreement, so that the truth is not publicly disclosed. no doubt. The approach method is normative juridical, namely legal research conducted by reviewing and testing secondary data in the form of positive law. The research specification used is descriptive analytical, that is, systematically describes the facts and problems related to the role of a notary in banking credit agreements in the event that the debtor defaults in relation to Law no. 10 of 1998 jo. Law No. 2 of 2014 concerning changes to the position of a notary. Notaries are very important in helping to create legal certainty and protection for the community. This legal certainty and protection can be seen through the authentic deed made as perfect evidence in court. Whereas the role of a notary in the deed of banking credit agreement made notarial by a notary is very useful for creditors if the debtor defaults on the strength of the evidence. In banking practice, making credit agreements with private deeds can also provide execution guarantees because both notarial and private deeds are always followed by institutions with other guarantee institutions whose deeds are executorial such as APHT.","PeriodicalId":351142,"journal":{"name":"Fox Justi : Jurnal Ilmu Hukum","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122307862","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 PROVISION OF LEGAL ASSISTANCE FOR SUSPECTS AT YOGYAKARTA POLICE","authors":"Rini Agustine","doi":"10.58471/justi.v12i1.15","DOIUrl":"https://doi.org/10.58471/justi.v12i1.15","url":null,"abstract":"This study aims to describe (1) the implementation of providing legal aid for suspects at the Yogyakarta Police, (2) the obstacles encountered in the implementation of the provision of legal aid, and (3) efforts to overcome obstacles in the implementation of providing legal aid for suspect at the Yogyakarta Police. This research is a descriptive study with a qualitative research method approach. Research subjects were determined by purposive technique. The research subjects are the Deputy for Criminal Investigation, Police Investigator, Head of Investigative Unit I, Head of Operational Development Affairs and legal advisors as legal aid providers. Data were collected by interview and documentation methods. The results of this study indicate that the implementation of providing legal assistance for suspects who are poor and threatened with imprisonment for five years or more is when the Police, especially the investigators carry out their obligations as regulated in the Criminal Procedure Code, in particular Articles 54 and 56. the suspect at the Yogyakarta Police, namely the limited funds for the implementation of the provision of Legal Aid at the Yogyakarta Police, namely Rp. 3,000,000.00 per case when it should be Rp. 5,000,000.00 per case, the availability of Legal Aid Providers at Poresta Yogyakarta is not yet sufficient, there are some investigators who do not understand about the provision of legal aid for indigent (poor) suspects. Efforts in overcoming obstacles in the implementation of providing legal assistance for suspects at the Yogyakarta Police, namely,","PeriodicalId":351142,"journal":{"name":"Fox Justi : Jurnal Ilmu Hukum","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127832430","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":"PROSPECTS FOR SETTLEMENT OF CIVIL CASES THROUGH MEDIATION IN STATE COURTS BASED ON REGULATION OF THE SUPREME COURT NUMBER 1 OF 2016","authors":"Sufmi Dasco Ahmad","doi":"10.58471/justi.v12i1.187","DOIUrl":"https://doi.org/10.58471/justi.v12i1.187","url":null,"abstract":"The process of examining civil cases (lawsuits) in District Courts, such as at the Class IA Bale Bandung District Court is carried out through several stages, namely from the administrative process, to the examination in front of the trial/trial proceedings, one of which is a peace event (mediation), which carried out at the beginning of the trial, the procedure for which is currently regulated in Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Courts, which revokes and declares that Perma Number 1 of 2008, whose implementation is considered ineffective. Based on the background and problems discussed in this thesis, the objectives of this study are as follows: To find out and analyze the process of resolving civil cases through mediation at the Class IA Bale Bandung District Court based on Supreme Court Regulation No. 1 of 2016 concerning Mediation Procedures in Court, and the prospect of settling civil cases through mediation at the Class IA Bale Bandung District Court based on Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Court. This study finds answers, namely that: the process of settling civil cases through mediation at the Class IA Bale Bandung District Court based on Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Courts has been carried out optimally, but the results of case settlement through mediation have not been achieved optimally and settlement of civil cases through mediation at the Class IA Bale Bandung District Court based on Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Courts has good prospects, if judges, mediators, and advocates are able to motivate and encourage litigants to settle the case amicably through mediation in order to accelerate the settlement of the case. In connection with the results of the study, the authors submit the following suggestions: In order for the implementation of the settlement of civil cases through mediation in the District Court based on the Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Courts, the results are more optimal, one of which is the need for a mediator who has high integrity and impartiality supported by the ability to listen, ask questions, observe, interview, counsel and negotiate; and it is necessary to socialize the Regulation of the Supreme Court Number 1 of 2016 intensively to all elements of the legal profession to better understand the objectives of the PERMA.","PeriodicalId":351142,"journal":{"name":"Fox Justi : Jurnal Ilmu Hukum","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128275261","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":"ENFORCEMENT OF THE DISCIPLINE REGULATIONS OF CIVIL SERVANTS SPECIFICALLY EDUCATORS IN THE EDUCATION, YOUTH AND SPORTS OFFICE OF KUDUS REGENCY BASED ON LAW NO. 43 OF 1999 ON STAFFING POINTS","authors":"Muhammad Fauzunnas","doi":"10.58471/justi.v12i1.17","DOIUrl":"https://doi.org/10.58471/justi.v12i1.17","url":null,"abstract":"Enforcement of Civil Servant Discipline Regulations at the Kudus Regency Education, Youth and Sports Office is an effort or effort made by the Kudus Regency Government, especially at the Kudus Regency Education, Youth and Sports Office in creating disciplined and quality civil servants, and providing services to the public because civil servants as government officials and public servants to serve the public interest are expected to always be ready to carry out the duties that have become their responsibilities properly. The problems studied in this study are: (1) How is the application of discipline for Civil Servants specifically for educators at the Education Office, Kudus Regency Youth and Sports? (2) What are the factors that influence the occurrence of violations of Civil Servants specifically for educators in the Office of Education, Youth and Sports of Kudus Regency? (3) What are the efforts that have been made by the Education, Youth and Sports Office of Kudus Regency in increasing the discipline of Civil Servants especially for Kudus Regency educators? This study aims to: (1) To determine the level of work discipline of Civil Servants especially educators in the Office of Education, Youth and Sports of Kudus Regency. (2) To find out the inhibiting factors in improving the discipline of Civil Servants, especially educators at the Kudus Regency Education, Youth and Sports Office. (3) To improve the performance of Civil Servants, especially educators in the Education Office, Kudus Regency Youth and Sports. This study uses a descriptive qualitative method, while the approach is a sociological juridical approach. The location of this research is the Office of the Education, Youth and Sports Office of the Kudus Regency. Sources of research data through: 1) Informants. 2) Respondents. For the informants are employees of the Education Office and the researchers interviewed 5 people and for the respondents were educators and the researchers interviewed 6 people. Data collection techniques are carried out through: 1) Interviews. 2) Observation 3) Documentation. The data is then selected and analyzed through 1) Data collection, 2) Data presentation, 3) Data verification. This study obtained the following results: (1) The number of educators who were affected by minor violations were 2 people, moderate disciplinary violations were 1 person","PeriodicalId":351142,"journal":{"name":"Fox Justi : Jurnal Ilmu Hukum","volume":"82 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131699583","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 EFFECTIVENESS OF LAW NUMBER 6 OF 2014 CONCERNING VILLAGE IN RELATIONSHIP WITH COMMUNITY PARTICIPATION","authors":"Nelwan Nelwan","doi":"10.58471/justi.v12i1.16","DOIUrl":"https://doi.org/10.58471/justi.v12i1.16","url":null,"abstract":"This study aims to determine how the application and the extent to which the factors that influence Law Number 6 of 2014 concerning Villages are related to the participation of the people of Bojo Village, Budong-budong District, Central Mamuju Regency. The research method used is \"Field Research and Study literature”, the sources were obtained from interviews and various literatures related to the effectiveness of Law Number 6 of 2014 concerning Villages qualitatively and presented descriptively. The results of this study are as follows (1) In the application of Law Number 6 of 2014 concerning Villages it can be said that it is not effective in the community of Bojo Village, Budong-budong District, Central Mamuju Regency. During the enactment of the Village Law, there were still many residents who did not know the existence and contents of the Village Law, and there was still very little community participation in various activities carried out in Bojo Village. (2) In its implementation, the Village Law Number 6 of 2016 has several factors that affect the effectiveness of its enforcement, one of which is that the condition of the community is mostly farmers and plantation workers causing frequent Village activities that are not followed by the community on the grounds that they are more concerned with doing work in order to fulfill their needs. necessities of life","PeriodicalId":351142,"journal":{"name":"Fox Justi : Jurnal Ilmu Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122954611","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 ENVIRONMENTAL LAW IN SUSTAINABLE DEVELOPMENT TO REALIZE COMMUNITY WELFARE AND ENVIRONMENTAL JUSTICE","authors":"Fox Justi, Dr. Mas Subagyo, Eko Prasetyo, M. Hum, Alan Musyafaan","doi":"10.58471/justi.v12i1.337","DOIUrl":"https://doi.org/10.58471/justi.v12i1.337","url":null,"abstract":"for life in all its aspects and dimensions in accordance with the insight of the archipelago. In order to utilize natural resources to promote public welfare as mandated in the 1945 Constitution of the Republic of Indonesia and to achieve a happy life, sustainable development with an environmental perspective, based on an integrated and comprehensive national policy taking into account the needs of the present generation and future generations. For this reason, it is necessary to consider implementing a harmonious, harmonious, and balanced environmental management in order to support the implementation of sustainable development with an environmental perspective. In implementing the protection and management of the environment in the context of sustainable development with an environmental perspective, it is necessary to pay attention to the level of public awareness and the development of the global environment as well as international legal instruments related to the environment. Public awareness and life in relation to environmental protection and management has developed in such a way that it needs to be perfected to achieve sustainable development goals with an environmental perspective. The regulations stipulated in Law no. 32 of 2009 concerning Environmental Protection and Management, especially in Chapter VII that the management of hazardous and toxic materials as well as hazardous and toxic waste materials must be carried out, in order to minimize the waste disposal system with very little risk for the environment, human survival and other living things. By realizing this, hazardous and toxic materials and their waste need to be protected and managed properly.his research was conducted through the juridical-normative method, where the study of the approach used a conceptual approach. The purpose of this study is to find out how far the influence of the Sustainable Development Goals (SDGs) applied to the environment is, whether it is as expected or vice versa, and to see the influence of environmental law which is the legal basis for this research in solving problems related to this. . And of course with the SDGs, many things must be available, namely the existence of pillars that must exist accompanied by institutions that become the necessary background, in terms of economics, politics, culture, and related bureaucracies.","PeriodicalId":351142,"journal":{"name":"Fox Justi : Jurnal Ilmu Hukum","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115557682","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, POSITION, AND FUNCTIONS OF VERBAL WITNESSES AS EVIDENCE IN PROVING CRIMINAL CASES ASSOCIATED WITH THE CRIMINAL PROCEDURE CODE (KUHAP)","authors":"Fox Justi, T. Tatang, Sekolah Tinggi, Ilmu Hukum, D. Politik, Pelopor Bangsa","doi":"10.58471/justi.v12i1.471","DOIUrl":"https://doi.org/10.58471/justi.v12i1.471","url":null,"abstract":"A criminal case is the act of a person who has violated the provisions of material criminal law, both those stipulated in the Criminal Code (KUHP) and those regulated outside the Criminal Code. The evidence is the central point in the examination of cases in court. This is because through this stage of evidence there is a process, method, act of proving to show whether the defendant is right or wrong in a criminal case in court. However, as time goes by the practice of criminal justice in Indonesia, it is often the case that the testimony of witnesses in front of the trial differs from the information that witnesses give at the investigation stage, which is contained in the minutes of witness examination. If there is a difference in information like this, then the information before the court takes precedence. If the priority is the information in the Witness's BAP, then all of the accusations of the public prosecutor are proven automatically. If something like this happens, then the thing that can be done is to summon the investigating officer who made the BAP to be examined in front of the trial called a verbal witness. The research specification used is descriptive analytical, which provides data or a description as accurately as possible about the object of the problem, while the approach used in this study is a normative juridical approach. The results of this study explain that, The role of verbal witnesses as evidence in proving criminal cases associated with the Criminal Procedure Code (KUHAP) is very important, because it is useful for finding answers regarding the defendant who revoked the Examination Report (BAP) who admitted that he was tortured, forced or he felt trapped by the police during the investigation process, the Judge or the Public Prosecutor presented the Verbalisan Witness to find answers or refutation of what was stated by the defendant..","PeriodicalId":351142,"journal":{"name":"Fox Justi : Jurnal Ilmu Hukum","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127941638","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}