Indonesian Journal of Law and Justice最新文献

{"title":"Urgensi Kepesertaan BPJS Kesehatan Sebagai Syarat Peralihan Hak Atas Tanah Berdasarkan Instruksi Presiden Nomor 1 Tahun 2022 Tentang Optimalisasi Pelaksanaan Program Jaminan Kesehatan Nasional","authors":"Nurul Riau Dwi Safitri, Fauziyah Fauziyah","doi":"10.47134/ijlj.v1i2.2041","DOIUrl":"https://doi.org/10.47134/ijlj.v1i2.2041","url":null,"abstract":"The Health Social Security Implementation Agency (BPJS) is a legal entity formed to administer the Health Insurance program and is directly responsible to the president who has the task of administering National Health Insurance for all Indonesian people. In Presidential Instruction Number 1 of 2022 concerning Optimizing the Implementation of the National Health Insurance Program there is a regulation that authorizes the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency to ensure that every applicant for the transfer of land rights due to buying and selling is an active participant in the Health Insurance Program National (JKN) which is the government's effort to monitor the health conditions of the Indonesian people evenly. The aim of this research is to find out whether the Presidential Instruction is in accordance with Law Number 24 of 2011 concerning Social Security Administering Bodies. The method used in this research is Normative Juridical which examines various formal legal rules such as Laws, using a statutory approach (Statute Approach) and a conceptual approach (Conceptual Approach). In essence, Presidential Instruction No.1 of 2022 is in accordance with Law No.24 of 2011 concerning BPJS and does not violate the main rules in the BPJS Law, however, because the position of the Presidential Instruction is a policy regulation and there are no strict sanctions in it, the Instruction The president may not be implemented because there are no sanctions.","PeriodicalId":503853,"journal":{"name":"Indonesian Journal of Law and Justice","volume":"19 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139178929","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":"Analisis Pernikahan Beda Agama tentang Pandangan Hukum Positif Agama dan Sosiologi","authors":"M. Arief, Yohanes, A. Setiawan, Hidayatul Mustapid, Hadi Jaya Permana, Yenny Febrianty, Acep Abdul Kholik","doi":"10.47134/ijlj.v1i1.2014","DOIUrl":"https://doi.org/10.47134/ijlj.v1i1.2014","url":null,"abstract":"Marriage is a bond of agreement between human individuals to build a household ship with a happy and eternal goal until the end of their life. In a marriage, there are many factors supporting similarities, differences, economics, religion, social status and so on. Our aim is to research to find out whether it is permissible to marry religious differences are in accordance with the results of the methodology that we are looking for, namely in accordance with the perfective Indonesian positive law, religious law and sociological views on interfaith marriages. Indonesia has its own regulations which are regulated in its law book in the Civil Code, while according to the perspective of religious law in Indonesia, marriages from people of different religions are not allowed, they are considered invalid or forbidden, the sociological view of marriages between different religions is considered valid. Just because in social science a marriage occurs because of mutual love and does not prioritize religion because love occurs because there are similarities and differences that complement each other and there is an attitude of tolerance between partners so that the marriage is eternal and happy.","PeriodicalId":503853,"journal":{"name":"Indonesian Journal of Law and Justice","volume":"47 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139184908","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":"Perlindungan Kekayaan Intelektual Batik Tradisional Dalam Perspektif Hukum","authors":"Muhammad Firli Haikal, Rusli Faldi, M. Firman, Maulana Rafli Noriska Salim, A. Permana, Mustaqim","doi":"10.47134/ijlj.v1i1.2009","DOIUrl":"https://doi.org/10.47134/ijlj.v1i1.2009","url":null,"abstract":"Batik is a culturally significant craft with considerable artistic merit that has permeated Indonesia. Batik featuring traditional motifs is thus a significant cultural artifact of Indonesia. Therefore, batik must be safeguarded, maintained, and its growth must be encouraged. The copyright for this batik art, which has been practiced for generations as part of a traditional culture, shall be owned by the state in accordance with Article 10, paragraph 2 of Law No. 19 of 2002 on Copyright. Nevertheless, this legislation has proven inadequate in safeguarding the intellectual property rights of conventional batik motifs during its execution. This research approach is based on an empirical legal methodology. The research findings indicate that Surakarta Kraton batik is categorized as one of the craft arts that has effectively rejuvenated its motifs, techniques, and applications, thereby ensuring its continued existence. Consequently, special protection is required, with the purpose of safeguarding traditional cultural expressions in order to prevent their extinction and preserve cultural heritage. Sui generis IPR protection is intended to safeguard folklore by ensuring that its philosophical, symbolic, theological, and sacrosanct values remain intact.","PeriodicalId":503853,"journal":{"name":"Indonesian Journal of Law and Justice","volume":"87 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139186740","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":"Analisis Yuridis Eksistensi Hukum Homoseksual dalam Peraturan Perundang-Undangan Indonesia","authors":"Lorena Andrea Putri, Afriyadi Budimansyah, Husnul Hotimah, Muhamad Dhava Dienullah, Vaddeli Bagas Buana, Yenny Febrianti","doi":"10.47134/ijlj.v1i1.1985","DOIUrl":"https://doi.org/10.47134/ijlj.v1i1.1985","url":null,"abstract":"This research examines the existence of homosexual laws within the framework of legal regulations in Indonesia. The close relationship between law and human rights (HAM) is the main focus, with the issue of homosexuality causing divisions in society. In the context of human rights, universal principles emphasize that every individual has the same rights without discrimination. However, laws and regulations in Indonesia do not yet provide clear guidance regarding the existence of homosexuals. This results in divisions in society. This research uses a normative juridical method with a regulatory and conceptualization approach. The results show that the 1945 Constitution of the Republic of Indonesia and Law of the Republic of Indonesia no. 39 of 1999 concerning Human Rights recognizes human rights without discrimination, but must be in line with religious values, morality and law. Marriage arrangements in Indonesia emphasize marriage as a bond between a man and a woman, based on the principle of belief in one Almighty God. The legalization of same-sex marriage raises various problems, including conflict with religious norms and a decline in birth rates. In the context of criminal law, the spread of ideology that is contrary to Pancasila can be subject to sanctions. Therefore, the movement to legalize homosexuality in Indonesia may face legal obstacles. Indonesian National Work Competencies in the Field of Forensic Audit.Forensic Audit.","PeriodicalId":503853,"journal":{"name":"Indonesian Journal of Law and Justice","volume":"19 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139227666","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":"Penerapan Asas Lex Loci Contractus dan Lex Causae Terhadap Perkara IPB dan Amerika dalam Hukum Perdata Internasional","authors":"Lorena Andrea Putri, Afriyadi Budimansyah, Y. D. Pratama, Chesario Own.K, Maulina Amalya","doi":"10.47134/ijlj.v1i1.1984","DOIUrl":"https://doi.org/10.47134/ijlj.v1i1.1984","url":null,"abstract":"Law is a unity formed to regulate everything something that happens in society. International law has 2 basic types, namely; Lex Loci Contractus Principle and Lex Loci Causae Principle. Normative writing method by searching library materials as well as reading material from sources related to the problem being studied. IPB case and America, namely regarding the delivery of 800 monkeys one of the monkeys' tail fell off and experienced postnatal stress, Finally, IPB doctors euthanized the baby monkey and paralyze the mother. Because of this incident, America filed a lawsuit against Indonesia regarding achievements in the form of reduction of 800 monkeys. Application of the Lex Loci Contractus Principle and Lex Causae is certainly effective, because it was proven during the process If the case is held, the law used meets the theory Legal Certainty, where Indonesian law is used in accordance with application of the principles in the existing agreement between IPB and America.","PeriodicalId":503853,"journal":{"name":"Indonesian Journal of Law and Justice","volume":"24 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139230495","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":"Analisis Hukum Eksploitasi Anak Sebagai Pengamen dan Pengemis (Studi Tentang Peran Serta Tanggung Jawab Orang Tua)","authors":"Reza Akbar Nugraha, Ananta Dwi Prayoga, Maulina Amaliya, Yoga Dian Prama, Siti Julaeha Puspika Sari, Yenny Febrianti","doi":"10.47134/ijlj.v1i1.1983","DOIUrl":"https://doi.org/10.47134/ijlj.v1i1.1983","url":null,"abstract":"Children are a gift and responsibility given by God, thus they need to be protected and respected in their basic rights. Child protection is enshrined in the 1945 Constitution and the United Nations child rights convention. Children are the support for the future of the nation and family. Protection for children should commence from within the womb until they reach the age of 18. It is the responsibility of parents, families, and the community to protect the rights of children, while the state and government need to provide facilities and access for the growth and development of children. Child exploitation, such as begging, is a serious problem. The level of poverty is one of the main causes of exploitation. The state and government have an obligation to protect children from exploitation. However, there are still many street children who are vulnerable to exploitation, including physical, economic and sexual exploitation. This research uses a normative legal and empirical juridical approach. In this research, we will explore child protection arrangements in Indonesia, the factors that cause child exploitation, and their impact on children's welfare, with a case study of Decision Number 623/PID.SUS/2016/PN.MLG. With these efforts, we can better understand child protection and the impact of exploitation on child welfare in Indonesia.","PeriodicalId":503853,"journal":{"name":"Indonesian Journal of Law and Justice","volume":"2004 15","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139239168","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":"Pertimbangan Hakim dalam Mengabulkan Dispensasi Nikah","authors":"Dwi Mei Laila, Shofia Hanifah, Nabila Izzaba, Tsabita Zaskia","doi":"10.47134/ijlj.v1i1.1982","DOIUrl":"https://doi.org/10.47134/ijlj.v1i1.1982","url":null,"abstract":": Early marriage is the marriage of a couple who is still young, that is, they have not reached the age of 20 years. The impact of early marriage is to increase the risk of health problems for both mother and child. Many cases are kept in the Religious Courts, especially those related to the timing of marriage. It is impossible for a judge to reject a case he is hearing, let alone a marriage case itself. Marriage is the right to enter into a marriage granted by a religious court in the form of law. This freedom is offered by someone who is about to get married but whose age does not yet meet the requirements of the Marriage Law in Article 7 paragraph (2) of Law Number 1 of 1974. Regarding marriage, its meaning is not determined by reflection, therefore in this case the judge is obliged to determine The content of the article itself determines the request for marriage freedom that is granted. The purpose of this research is to find out how judges decide divorce cases? This type of research is descriptive research, where the author made this research, the source is from many references. From the research results, it can be concluded that Religious Court Judges determine the freedom to marry in accordance with existing regulations.","PeriodicalId":503853,"journal":{"name":"Indonesian Journal of Law and Justice","volume":"157 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139242575","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":"Kajian Yuridis Pengisian Jabatan di Lingkungan Pemerintah Daerah Bondowoso Berdasarkan PERMENPAN RB RI No. 15 Tahun 2019 Tentang Pengisian Jabatan Pimpinan Tinggi Secara Terbuka dan Kompetitif di Lingkungan Instansi Pemerintah","authors":"Raymirzhad TioAqzha, Fauziyah","doi":"10.47134/ijlj.v1i1.1977","DOIUrl":"https://doi.org/10.47134/ijlj.v1i1.1977","url":null,"abstract":"The public has an important role in choosing regional leaders. Open selection is carried out in order to select officials who have the capacity, competence and integrity to occupy positions in an agency. Pancasila plays an important role as the foundation of the Indonesian state. Implementation of Primary High Leadership Position Selection is one of the activities carried out to find competent and professional leaders. This research is a normative juridical study that analyzes PERMENPAN RB RI No. 15 of 2019 concerning Filling Primary High Leadership Positions as used as a guideline in implementing selection for filling JPT Regional Secretary in Bondowoso Regency; as well as Law no. 5 of 2014 concerning State Civil Apparatus. Based on the results of the existing discussion, the results of this research: first, ASN regulations regarding filling positions which are the main issue in legal incidents have a predetermined format so that they need a more detailed interpretation to help provide solutions related to the same problems within the Indonesian Government. Second, the presence of Law Number 5 of 2014 concerning State Civil Apparatus has indeed used the principle of a merit system so that it can suppress the practice of unscrupulous individuals in the implementation of filling out the Regional Secretary's JPT. As regulated in PERMENPAN RB RI No. 15 of 2019 concerning Filling of Primary High Leadership Positions carried out openly and competitively, missed supervision actually resulted in the filling of the JPT for District Regional Secretary. Bondowoso is impressed that the closer carrier system is not open bidding. The cases that occurred were carried out by unscrupulous individuals, money politics with abuse of position or power created sub-optimality in the implementation of job selection. The effort offered by researchers is to revitalize public participation in the implementation of filling the position of High Leadership Regional Secretary to prevent derivation in the selection of JPT Regional Secretary.","PeriodicalId":503853,"journal":{"name":"Indonesian Journal of Law and Justice","volume":"531 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139243157","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":"Kajian Yuridis Terhadap Kewenangan Pemerintah Kabupaten Jember dalam Mengawasi Pelaku Usaha Jasa Penyiaran Berlangganan","authors":"Syarifatul Ikrimah, Icha cahyaning Fitri","doi":"10.47134/ijlj.v1i1.1978","DOIUrl":"https://doi.org/10.47134/ijlj.v1i1.1978","url":null,"abstract":"The authority of the Jember district government in supervising subscription broadcasting service businesses. The problem in this research is what authority the Jember district government has in supervising subscription broadcasting service business actors and what the government's efforts are to deal with irresponsible subscription broadcasting service business actors. The research used is normative legal research. The data used is secondary data sourced from primary and secondary legal materials. Data analysis in this research is qualitative analysis. From the research results, it can be concluded that the authority of the Jember district government in supervising subscription broadcasting service businesses aims to ensure that the services received by the public are in accordance with predetermined standards and in accordance with applicable regulations. In this case, the government has the authority to supervise business actors in subscription broadcasting services, such as implementing regulations and rules, providing certification, monitoring and evaluation, and implementing sanctions. And in overcoming the problem of irresponsible subscription broadcasting service providers, such as installing cables on PLN electricity poles without permission, the government can do the following things: Law enforcement, coordination with PLN, outreach, imposing sanctions.","PeriodicalId":503853,"journal":{"name":"Indonesian Journal of Law and Justice","volume":"432 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139243929","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":"Kebijakan Pemerintah Kabupaten Jember dalam Pencegahan Penyalahgunaan Bahu Jalan Sebagai Lahan Parkir","authors":"Irgi Fahrezy Effendy, Lutfian Ubaidillah","doi":"10.47134/ijlj.v1i1.1979","DOIUrl":"https://doi.org/10.47134/ijlj.v1i1.1979","url":null,"abstract":"The road shoulder is one of the spaces found on the road, the road shoulder is only intended as a special lane for emergency vehicles, but in Jember Regency it is misused and used as a parking area, resulting in disruption of the consistency of traffic flow. The authority of the Jember Regency Government in efforts to prevent the misuse of road shoulders as parking spaces has actually been regulated in Law Number 38 of 2004 concerning Roads. In this connection, the aim of this research is to answer what form the Jember Regency government policy takes in preventing misuse of road shoulders as parking spaces. This type of research is normative juridical, and the research method is taken through several approaches such as the statutory regulations approach, concept approach and case approach. The results of this analysis and discussion can be concluded that the policy of the Jember Regency government through interested agencies based on the regent's regulations which regulate the basis of authority and organizational structure is to carry out socialization and control as a form of effort to prevent misuse of road shoulders as parking lots, this is in accordance with what has been mandated in article 110 Government Regulation Number 34 of 2006 concerning Roads.","PeriodicalId":503853,"journal":{"name":"Indonesian Journal of Law and Justice","volume":"66 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139246013","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}