The journal of philosophy, science & law最新文献

{"title":"LEGAL PROTECTION FOR INDONESIAN MIGRANT WORKERS: AN ANALYSIS OF ACCESSIBILITY IN DIVORCE","authors":"Ganis Vitayanty Noor, Ganis Vitayanty Noor","doi":"10.56444/jpl.v3i7.4322","DOIUrl":"https://doi.org/10.56444/jpl.v3i7.4322","url":null,"abstract":"The Indonesian government strives to address the surge in unemployment through innovation via the Indonesian Migrant Worker Protection Agency (BP2MI), which directs the placement of Indonesian Migrant Workers. However, the impact of becoming Indonesian Migrant Workers is not always positive, especially for those who are married, as they are susceptible to divorce. This study aims to understand the impact and Indonesia's role in dealing with the consequences of Indonesian Migrant Workers. A socio-legal approach is employed through field interviews and observations. Findings indicate that migrant labor arises from weak economy, low education, and limited job opportunities. The positives include better employment prospects, higher income, new skills, and long-term benefits through remittances. Conversely, negatives involve divorce issues due to distance, infidelity, financial mismanagement, and other relationships. Legal and social protections are necessary, along with awareness of family impacts. While the Law Number 7 of 1989 concerning Religious Courts regulates divorce, complexities persist, necessitating streamlined administration, such as power of attorney legalization without involving embassies, to avoid clandestine divorce and administrative intricacies.","PeriodicalId":88325,"journal":{"name":"The journal of philosophy, science & law","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135399175","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":"INTEGRAL CRIME CONTROL IN THE PERSPECTIVE OF CRIMINAL POLITICS","authors":"Endah Sriwati","doi":"10.56444/jpl.v3i6.3497","DOIUrl":"https://doi.org/10.56444/jpl.v3i6.3497","url":null,"abstract":"<p><em>The</em><em> </em><em>research</em><em> </em><em>in</em><em> </em><em>this</em><em> </em><em>paper</em><em> </em><em>aims</em><em> </em><em>to</em><em> </em><em>find</em><em> </em><em>out</em><em> </em><em>how</em><em> </em><em>crime prevention can be carried out through an integral criminal political approach and whether the handling of crime is as expected. This research is normative by using statutory and conceptual approaches and expert opinions. Crime can be seen from two aspects, namely, from a social perspective. Crime is all kinds of actions and actions that can cause harm, disturb peace and balance, and violate societal norms. Meanwhile, from a formal point of view, crime is an act that violates the law or law, and the perpetrators can be subject to sanctions in the form of imprisonment, fines, and others. The study concluded that integral crime prevention through a criminal political approach could be carried out in a penal and non-penal manner. Through an approach with penal means that focuses more on the repressive nature (suppression/eradication) after the crime has occurred. Meanwhile, non-penal means focusing more on preventive nature (prevention/control) before a crime occurs. Penal means can be carried out through the criminal justice system, namely by applying criminal sanctions as stipulated in the Criminal Code, in particular Article 10 of the Criminal Code, which regulates the types of punishment. In addition, criminal sanctions can be used through other laws and regulations that regulate criminal provisions (Article 103 of the Criminal Code). Crime prevention, through an integral political approach with penal and non-penal means, is intended to improve the perpetrators of crimes, prevent crimes from occurring so that victims do not arise, and, more importantly, in the framework of social defense and social welfare.</em></p><p> </p>","PeriodicalId":88325,"journal":{"name":"The journal of philosophy, science & law","volume":"319 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-02-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80181271","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 FOUNDATION OF PANCASILA IN THE FORMATION OF LEGISLATION USING THE OMNIBUS LAW METHOD","authors":"Sahnan Sahuri Siregar","doi":"10.56444/jpl.v3i6.3498","DOIUrl":"https://doi.org/10.56444/jpl.v3i6.3498","url":null,"abstract":": This article will try to provide an analysis of the role of Pancasila in the formation of legislation using the omnibus law method. The Omnibus Law is a new method in Indonesia and has experienced various polemics in society. The research results show that Pancasila is the source of all sources of law in Indonesia. This fact has emphasized that the formation of laws and regulations in Indonesia must not conflict with the values contained in Pancasila. In addition, Pancasila is a guiding principle in national legal politics so that no regulation can contradict the values of divinity and civilization, and no regulation can contradict human values. No regulation can be born that has the potential to damage the integrity of the ideology and territory of the nation and state of Indonesia. There should be no regulations that violate the principle of popular sovereignty, and the most important thing is that these regulations do not violate the principle of popular sovereignty. The most important thing is that these regulations do not violate the values of social justice.","PeriodicalId":88325,"journal":{"name":"The journal of philosophy, science & law","volume":"51 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82292031","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":"ANALYSIS OF LAND OWNERSHIP DISPUTES IN THE KANJENGAN SHOPPING COMPLEX, SEMARANG CITY","authors":"S. Suroto","doi":"10.56444/jpl.v3i6.3554","DOIUrl":"https://doi.org/10.56444/jpl.v3i6.3554","url":null,"abstract":"","PeriodicalId":88325,"journal":{"name":"The journal of philosophy, science & law","volume":"12 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88932113","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":"CONCEPTUALIZATION OF TAX BASE EXPANSION IN INDONESIA","authors":"S. Suparno","doi":"10.56444/jpl.v3i6.3499","DOIUrl":"https://doi.org/10.56444/jpl.v3i6.3499","url":null,"abstract":": This study aims to expand the tax base in Indonesia by looking at the data integration plan between the National Identity Number and Taxpayer Identification Number in the Harmonization of Tax Laws and Regulations. This research is included in normative juridical research by studying or analyzing secondary data in the form of primary, secondary, and tertiary legal materials by understanding law as a set of rules or positive norms in the statutory system that regulates human life. The research results show that the legal construction in Indonesia has not yet been explained to what extent and how the data integration of the two identity numbers is, but the purpose of this data integration is, of course, to enrich the tax database. On an ongoing basis, of course, it will increase voluntary compliance from taxpayers and increase state revenue from the taxation sector.","PeriodicalId":88325,"journal":{"name":"The journal of philosophy, science & law","volume":"13 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90660500","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":"VOLUNTARY DISCLOSURE PROGRAM IN PERSPECTIVE OF THE LAW ON THE HARMONIZATION OF TAX REGULATIONS","authors":"H. Herianto","doi":"10.56444/jpl.v3i6.3496","DOIUrl":"https://doi.org/10.56444/jpl.v3i6.3496","url":null,"abstract":"The promulgation of the Law on the Harmonization of Tax Regulations through Law Number 7 of 2021 has brought a new paradigm in regulations related to taxation in Indonesia. One of the new provisions in a quo provision is related to the material governing the Voluntary Disclosure Program. This article will try to explain the history of tax amnesty regulations in Indonesia and the concept of the Voluntary Disclosure Program as a new tax policy in Indonesia. This article is a conceptual article that uses a conceptual and analytical approach as support in analysis. The data used is based on secondary data. The results showed that the Policy regarding tax amnesty in Indonesia has been in effect since the New Order era until 2021. After the enactment of Law Number 7 of 2021, the tax amnesty program changed to the Voluntary Disclosure Program. This Voluntary Disclosure Program allows all taxpayers to disclose their assets that have not or are not disclosed. One of the objectives of this program is to increase the voluntary compliance of taxpayers organized based on the principles of simplicity, legal certainty, and practicality.","PeriodicalId":88325,"journal":{"name":"The journal of philosophy, science & law","volume":"6 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72993338","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":"TRAFFICKING CRIME PREVENTION POLICIES FROM A PHILOSOPHICAL, SOCIOLOGICAL, AND JURIDICAL PERSPECTIVE","authors":"Sri Wulandari","doi":"10.56444/jpl.v3i4.3352","DOIUrl":"https://doi.org/10.56444/jpl.v3i4.3352","url":null,"abstract":"The article was written to analyze the policy of overcoming the crime of trafficking as regulated in Law no. 7 of 1984 concerning the Ratification of the Convention on the Elimination of All Forms of Discrimination and Law no. 21 of 2007 concerning the Crime of Human Trafficking (Trafficking). Human trafficking is a criminal act and violates human rights. Considering that Indonesia is the country of origin for the victims of human trafficking, the number of which is quite large, it is necessary to follow up with instruments in the form of prevention and the provision of criminal sanctions. This article addresses two questions: First, how is the legal protection for women and children victims of human trafficking? Second, what is the policy for dealing with trafficking crimes from a philosophical, sociological, and juridical perspective? This article concludes that the crime of human trafficking often occurs in vulnerable groups, namely women and children (victims), motivated by economic, social, and cultural factors. Efforts to protect victims’ rights have been carried out even though they have not been optimal through the prevention and prosecution of perpetrators. Law enforcement against the crime of trafficking is carried out with the concept of punishment and providing compensation/restitution to victims and/or their families. Trafficking is a transnational crime, so handling crimes needs to be done bilaterally/multilaterally. In addition to prioritizing penal facilities, it is necessary to seek non-penal means, involving the community in preventing and overcoming crime through preventive and repressive efforts.","PeriodicalId":88325,"journal":{"name":"The journal of philosophy, science & law","volume":"43 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87868352","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 POLICY OF LEGAL PROTECTION FOR FEMALE PRISONERS IN CLASS II A FEMALE CORRECTIONAL INSTITUTIONS IN SEMARANG","authors":"Martinus Aditya Pardiyanto","doi":"10.56444/jpl.v3i4.3360","DOIUrl":"https://doi.org/10.56444/jpl.v3i4.3360","url":null,"abstract":"Women convicts, as a vulnerable group in society, are a group that must receive guaranteed protection for their human rights. The problem in this research is the legal protection of female prisoners in the Class II A Women’s Prison in Semarang, the problems faced, and the efforts made to overcome the problems in providing legal protection to female prisoners. The approach method used is juridical-normative. This research is descriptive-analytical. The types of data used are secondary data and primary data. Data collection methods include library research, interviews, and documentation studies, and are then analyzed descriptively and qualitatively. Based on the study’s results, it can be seen that legal protection for female prisoners in the Class II A Women’s Prison in Semarang is carried out by fulfilling all the rights of female prisoners as stipulated in the legislation. In principle, all the rights of women prisoners have been granted and fulfilled, although they are still limited and not yet at the maximum level. Problems faced by the Semarang Women’s Class II A Prison in providing legal protection to female prisoners, including: (1) the limitations of existing human resources, both in quantity and quality; (2) over capacity; (3) the condition of the prison building is not following the minimum standard; (4) the lack of health facilities provided; (5) the lack of information and communication systems; and (6) minimal operating budget. Efforts made by the Class II A Women’s Prison in Semarang to overcome these problems, such as (1) increasing the quantity and quality of prison officers either through proposals for adding new employees, partnership cooperation, or through correctional technical training; (2) proposing new women’s prisons in the area of Central Java province and simplifying procedures for fulfilling the rights of inmates such as assimilation, CMB and PB consistently and transparently; (3) the renovation of prison buildings adapted to the concepts and ideas of correctional that leads to the fulfillment of the rights of women prisoners; (4). improving the health facilities and facilities for the residents of prisons; (5) procurement of information technology-based correctional service facilities and infrastructure; (6) implementing a budget system based on the real needs of the correctional process and the fulfillment of special unit costs. This study concludes that the legal protection of female prisoners in the Class II A Women’s Prison in Semarang follows what is mandated in the legislation.","PeriodicalId":88325,"journal":{"name":"The journal of philosophy, science & law","volume":"30 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75523195","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":"LEGAL ARRANGEMENTS FOR THE ENFORCEMENT OF THE NEUTRALITY VIOLATION OF THE STATE CIVIL APPARATUS (ASN) IN SIMULTANEOUS REGIONAL HEAD ELECTIONS (CASE STUDY IN SRAGEN REGENCY)","authors":"Diyah Nur Widowati","doi":"10.56444/jpl.v3i4.3359","DOIUrl":"https://doi.org/10.56444/jpl.v3i4.3359","url":null,"abstract":"The State Civil Apparatus (ASN) role is crucial to carry out government affairs within the framework of achieving national goals. In carrying out these duties as a state apparatus, they must provide services to the community in a professional, honest, fair, and equitable manner in carrying out state, government, and development tasks. ASN must be neutral from the influence of all political groups and parties and not discriminate in providing services to the community. In 2015, Sragen Regency participated in celebrating the democratic party, namely the simultaneous election of regional heads and deputy regional heads on December 9, 2015. The Panwaslu (Election Supervisory Committee) of Sragen Regency found and received reports that many ASNs were not neutral. The Panwaslu report reached KASN, and several cases were left without follow-up handling and seemed to evaporate. This study uses qualitative research methods to obtain facts regarding the problem of ASN neutrality in the Sragen Regency in the 2015 simultaneous regional elections. The unit of analysis in this research is the Panwaslu of Sragen Regency and the Education and Training Personnel Agency (BKPP) of Sragen Regency. Data collection techniques used are in-depth interviews and documentation to complete the data in this study. ASN violations occurred before the campaign period and during the campaign period. The number of ASN is not neutral by attending campaigns, other stage activities, and providing campaign materials using state facilities such as office buildings and ASN official vehicles. Of course, the involvement and alignment of ASN in the 2015 Regional Head Elections is due to the incumbent candidate. The Sragen Regency Government, namely the Sragen Regent, should give sanctions or disciplinary punishments to ASN who are not neutral in following the existing laws and regulations. The Sragen Regent should be more firm in responding to this non-neutral ASN case. Legal arrangements are needed to handle ASN Neutrality violations in the General Election and Simultaneous Regional Head Elections.","PeriodicalId":88325,"journal":{"name":"The journal of philosophy, science & law","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82872262","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":"MECHANISM FOR SETTLEMENT OF DEFAULT IN THE MORTGAGE LOAN AGREEMENT AT PT. BPR BKK PURWODADI GROBOGAN","authors":"Imron Chumaidi","doi":"10.56444/jpl.v3i4.3361","DOIUrl":"https://doi.org/10.56444/jpl.v3i4.3361","url":null,"abstract":"This study aims to determine the mechanism for settling defaults in the imposition of credit contracts at PT. BPR BKK PURWO-DADI GROBOGAN and to understand the ideal default settlement mechanism in imposing credit contracts at PT. BPR BKK PURWODADI GROBOGAN. This research uses a sociological juridical approach, and the research specification is descriptive-analytical. The data used are primary data, secondary data is data obtained directly from the field using inter- views, and secondary data is library research. The results obtained: 1) If the Customer defaults in fulfilling his obligations in terms of installments or loan repayments, then settle the default against the Debtor, PT. BPR BKK PURWODADI GROBOGAN makes a settlement by conducting an auction at the KPKNL and completing the auction terms and Failure to Settle Dispute in Court 2). If the customer de- faults in fulfilling his obligations in terms of installments or repayments, the ideal default loan settlement mechanism in imposing credit agreements are by Settlement of Banking Disputes Through Mediation Forums, Warning Letters, Refinancing/Refreshing, Personal Guarantees, sale of assets/objects guarantee together.","PeriodicalId":88325,"journal":{"name":"The journal of philosophy, science & law","volume":"12 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81434379","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}