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Widya Yuridika
Legal compliance in the community is always an interesting issue to discuss. The research questio... more Legal compliance in the community is always an interesting issue to discuss. The research question in this study is how the compliance of the members of the Tadulako University academic community in response to the Decree of the Minister of Health of the Republic of Indonesia Number: HK.01.07/MENKES/413/2020 concerning Guidelines for the Prevention and Control of COVID-19 through the implementation of Tracing, Testing, and Treatment (3T Program)? To answer the research objectives, empirical legal research (socio-legal research) was conducted to support the depth of analysis. The analysis materials include data on the conditions and levels of health risks experienced by the academic community based on the available COVID-19 link records, data on the number and distribution of academic community members who have been infected with COVID-19, and data on the implementation of the 3T program sourced from Tadulako Hospital. Starting from the interpretation of the research data analysis, t...
This article makes a valuable contribution to the scholarly field of international law by examini... more This article makes a valuable contribution to the scholarly field of international law by examining the regulation of Quranic Education in the Local Regulation of South Sulawesi Province No. 4 of 2006 from two distinct angles. Firstly, it addresses the inclusion of local regulation within the context of implementing local autonomy, shedding light on the interplay between regional regulations and broader governance structures. Secondly, it explores the implementation of the values enshrined in the Five Principles (Pancasila) within the contents of the local regulation on Quranic Education, offering insights into the harmonization of religious education with national principles. By employing a juridical-normative study approach and qualitative analysis, this article provides a comprehensive analysis of the topic. The findings reveal the significance of Quranic Education in the local regulation, highlighting the region's commitment to educational governance. Furthermore, the study demonstrates the successful integration of Pancasila's principles within the local regulation, emphasizing the region's dedication to maintaining national values. Overall, this research adds to the existing literature on international law and contributes to a better understanding of the relationship between regional regulations, educational governance, and the preservation of national values.
The one of legal functions performed by the Election Law is the function of controlling behavior ... more The one of legal functions performed by the Election Law is the function of controlling behavior in the context of social and political life. To carry out this function , the Election Law formulates imperative norms so that political behavior complies with election law. The imperative norm is in the form of rules that prohibit money politics during the campaign , the quiet period and when the ballot takes place. Then, if there is a violation of the rule of law , the culprit will face legal proceedings to obtain criminals sanctions in the form of prisons and fines. Identification of the problem in this research is: why the imperative norms of the Election Law are not effective in preventing the practice of money politics, and what factors influence the weak power of the electoral law imperatives so that massive money politics practices occur? That problem is discussed and analyzed in this article. The author uses normative jurisdiction research, besides that the writer also uses the imperative theory of Edward A. Ross, Achmad Ali's legal function theory and Jimly Asshiddiqie's law enforcement theory. From this study the authors found that when the 2019 Concurrent Elections took place, the imperative norm was not effective in controlling political behavior expected by the Election Law. The practice of massive money politics took place so that the process of democracy and the 2019 Simultaneous Elections occurred.
DOAJ (DOAJ: Directory of Open Access Journals), Dec 1, 2021
Rechtsidee, Dec 28, 2022
Legal provisions that live in society are one of the controversial provisions in the ratification... more Legal provisions that live in society are one of the controversial provisions in the ratification of the Draft Criminal Code (RKUHP). That is because the law in the community is related to legal values written and unwritten in society. This study aims to analyze the legal aspects of culture in RKUHP. This research is normative legal research that puts forward legal issues on the implications of legal arrangements regarding living law in the RKUHP and focuses on using a conceptual and statutory approach. The results of the study confirm that the construction of living law in the community (living law) in the RKUHP, which emphasizes that the living law is customary law, is also formulated simultaneously with the regional role in establishing regional regulations based on the substance of local customary law. In addition, the construction of regional rules to accommodate Article 2 of the RKUHP to regulate the importance of customary law raises legal ambiguity, namely regional rules at the provincial or regency/city level that have the authority to regulate them; so that there is no disharmony of customary law arrangements in the formulation of regional regulations as a follow-up to Article 2 RKUHP. Furthermore, the legal implications related to living law arrangements in the RKUHP, namely the lack of clarity in Article 2 of the RKUHP, including the need for regulation at the regional level through regional regulations, have the potential to cause criminalization based on regional principles
Advances in social science, education and humanities research, 2022
Although there was a displecement of legislative power from president to house of respresentative... more Although there was a displecement of legislative power from president to house of respresentative after the amandement of indonesian constitution 1945, the president still has major authority in proferring draft of law, the movement of president in discussing draft of law together with house of representative aimed at gaining common agreement (section 20, article (2) constitution of 1945, basically there is no different prior to the amandement of indonesian institution 0f 1945. This mechanism shows that the displacement of legislative power from president to house of representative (section 5, article (1) and section 20, article (1) of indonesian constitution of 1945) refers to the linguistic shiffting not to the real meaning of displacement.
International journal of research and innovation in social science, 2022
The retributive justice paradigm, which forms the legal basis for eradicating corruption, is irre... more The retributive justice paradigm, which forms the legal basis for eradicating corruption, is irrelevant to the law's main objective against corruption in Indonesia. The spirit to save state assets must be based on restorative justice thinking oriented towards recovering from criminal acts rather than imprisoning corruptors. This study aims to examine the legal and political policies for eradicating corruption in Indonesia, where restorative justice can be used to restore state financial losses that can be recovered by the accused. This study uses normative legal research to answer the problems faced, and the authors use legal rules, legal principles, principles, and doctrines. The study results show that 1) the concept of restorative justice in sentencing perpetrators of corruption can be implemented by strengthening the norms of restitution for state losses from serving as additional crimes to becoming principal crimes. As for anticipating perpetrators unable to pay for these losses, the concept of forced labor can be applied instead of imprisoning perpetrators of corruption; 2) the concept of restorative justice in sentencing perpetrators of corruption can be implemented in the form of strengthening the norms of returning state losses from being an additional crime to being a major crime; 3) it is important to reform the criminal act of corruption immediately so that the restorative justice paradigm can be immediately introduced into the new legal norms.
Russian Law Journal
The regulation of mining business licenses (IUP) has experienced dynamics. In Law No. 4 of 2009 o... more The regulation of mining business licenses (IUP) has experienced dynamics. In Law No. 4 of 2009 on Mineral and Coal Mining (Minerba Law), the central and regional governments exercise the licensing authority proportionally. Then, in 2020, the head of mining licenses was changed again through Law No. 3 of 2020. Based on this law, the licensing authority is fully vested in the central government. This shift in licensing authority is interesting to study. The study departs from the questions: (a) how are the boundaries of legal and illegal mining businesses in Indonesia; (b) how are the procedures and requirements for obtaining an IUP from an administrative law perspective; (c) how are the sanction arrangements for illegal mining business actors after the revision of the Minerba Law. This study departs from the use of normative legal research methods with a statutory approach and conceptual approach. Finally, the study results reveal that the basic principle underlying the management o...
Russian Law Journal
The existence of the Covid-19 pandemic is a very dangerous threat to the nation and state, so con... more The existence of the Covid-19 pandemic is a very dangerous threat to the nation and state, so concrete steps are needed to deal with its spread. This research aims to find out the notion of social protection in the constitution, as well as to assess the alignment of the Indonesian Government's vaccination policy with the constitution. This research is a normative juridical legal research. This research aims to find the alignment of vaccination policies with constitutional values and assess public compliance with vaccination policies. The results show that the Indonesian constitution in the understanding of social protection adheres to the concept of socialism - solidarity which is based on the protection of human rights, justice and benefit, and as for the vaccination policy carried out by the government, it is in line with constitutional values because it contains protection of health rights.
Tumou Tou Law Review
Penelitian ini bertujuan untuk menganalisis penerapan nilai keadilan sebagai dasar pertimbangan M... more Penelitian ini bertujuan untuk menganalisis penerapan nilai keadilan sebagai dasar pertimbangan Mahkamah Konstitusi No 74/PUU-XVIII/2020 Pengujian Pasal 222 Undang-Undang No 7 Tahun 2017 tentang Pemilihan Umum terkait dengan Legal Standing Pemohon. Penelitian ini merupakan penelitian hukum normatif. Hasil penelitian ini menunjukkan bahwa argumentasi kerugian konstitusional para pemohon seharusnya Mahkamah Konstitusi mempertimbangkan kembali terkait kedudukan hukum para pemohon. Norma ambang batas (presidential threshold) pencalonan Presiden dan Wakil Presiden yang diajukan oleh para pemohon sangat berpotensi menimbulkan kerugian konstitusional. Para pemohon juga secara konkret telah terjadi suatu peristiwa hukum dimana partai-partai baru tidak dapat mencalonkan Presiden dan Wakil Presiden yang disebabkan norma ambang batas Pencalonan Presiden dan Wakil Presiden. Diperlukan pengaturan secara spesifik terkait dengan penent...
International Journal of Research and Innovation in Social Science
The retributive justice paradigm, which forms the legal basis for eradicating corruption, is irre... more The retributive justice paradigm, which forms the legal basis for eradicating corruption, is irrelevant to the law’s main objective against corruption in Indonesia. The spirit to save state assets must be based on restorative justice thinking oriented towards recovering from criminal acts rather than imprisoning corruptors. This study aims to examine the legal and political policies for eradicating corruption in Indonesia, where restorative justice can be used to restore state financial losses that can be recovered by the accused. This study uses normative legal research to answer the problems faced, and the authors use legal rules, legal principles, principles, and doctrines. The study results show that 1) the concept of restorative justice in sentencing perpetrators of corruption can be implemented by strengthening the norms of restitution for state losses from serving as additional crimes to becoming principal crimes. As for anticipating perpetrators unable to pay for these losse...
Widya Yuridika
Legal compliance in the community is always an interesting issue to discuss. The research questio... more Legal compliance in the community is always an interesting issue to discuss. The research question in this study is how the compliance of the members of the Tadulako University academic community in response to the Decree of the Minister of Health of the Republic of Indonesia Number: HK.01.07/MENKES/413/2020 concerning Guidelines for the Prevention and Control of COVID-19 through the implementation of Tracing, Testing, and Treatment (3T Program)? To answer the research objectives, empirical legal research (socio-legal research) was conducted to support the depth of analysis. The analysis materials include data on the conditions and levels of health risks experienced by the academic community based on the available COVID-19 link records, data on the number and distribution of academic community members who have been infected with COVID-19, and data on the implementation of the 3T program sourced from Tadulako Hospital. Starting from the interpretation of the research data analysis, t...
This article makes a valuable contribution to the scholarly field of international law by examini... more This article makes a valuable contribution to the scholarly field of international law by examining the regulation of Quranic Education in the Local Regulation of South Sulawesi Province No. 4 of 2006 from two distinct angles. Firstly, it addresses the inclusion of local regulation within the context of implementing local autonomy, shedding light on the interplay between regional regulations and broader governance structures. Secondly, it explores the implementation of the values enshrined in the Five Principles (Pancasila) within the contents of the local regulation on Quranic Education, offering insights into the harmonization of religious education with national principles. By employing a juridical-normative study approach and qualitative analysis, this article provides a comprehensive analysis of the topic. The findings reveal the significance of Quranic Education in the local regulation, highlighting the region's commitment to educational governance. Furthermore, the study demonstrates the successful integration of Pancasila's principles within the local regulation, emphasizing the region's dedication to maintaining national values. Overall, this research adds to the existing literature on international law and contributes to a better understanding of the relationship between regional regulations, educational governance, and the preservation of national values.
The one of legal functions performed by the Election Law is the function of controlling behavior ... more The one of legal functions performed by the Election Law is the function of controlling behavior in the context of social and political life. To carry out this function , the Election Law formulates imperative norms so that political behavior complies with election law. The imperative norm is in the form of rules that prohibit money politics during the campaign , the quiet period and when the ballot takes place. Then, if there is a violation of the rule of law , the culprit will face legal proceedings to obtain criminals sanctions in the form of prisons and fines. Identification of the problem in this research is: why the imperative norms of the Election Law are not effective in preventing the practice of money politics, and what factors influence the weak power of the electoral law imperatives so that massive money politics practices occur? That problem is discussed and analyzed in this article. The author uses normative jurisdiction research, besides that the writer also uses the imperative theory of Edward A. Ross, Achmad Ali's legal function theory and Jimly Asshiddiqie's law enforcement theory. From this study the authors found that when the 2019 Concurrent Elections took place, the imperative norm was not effective in controlling political behavior expected by the Election Law. The practice of massive money politics took place so that the process of democracy and the 2019 Simultaneous Elections occurred.
DOAJ (DOAJ: Directory of Open Access Journals), Dec 1, 2021
Rechtsidee, Dec 28, 2022
Legal provisions that live in society are one of the controversial provisions in the ratification... more Legal provisions that live in society are one of the controversial provisions in the ratification of the Draft Criminal Code (RKUHP). That is because the law in the community is related to legal values written and unwritten in society. This study aims to analyze the legal aspects of culture in RKUHP. This research is normative legal research that puts forward legal issues on the implications of legal arrangements regarding living law in the RKUHP and focuses on using a conceptual and statutory approach. The results of the study confirm that the construction of living law in the community (living law) in the RKUHP, which emphasizes that the living law is customary law, is also formulated simultaneously with the regional role in establishing regional regulations based on the substance of local customary law. In addition, the construction of regional rules to accommodate Article 2 of the RKUHP to regulate the importance of customary law raises legal ambiguity, namely regional rules at the provincial or regency/city level that have the authority to regulate them; so that there is no disharmony of customary law arrangements in the formulation of regional regulations as a follow-up to Article 2 RKUHP. Furthermore, the legal implications related to living law arrangements in the RKUHP, namely the lack of clarity in Article 2 of the RKUHP, including the need for regulation at the regional level through regional regulations, have the potential to cause criminalization based on regional principles
Advances in social science, education and humanities research, 2022
Although there was a displecement of legislative power from president to house of respresentative... more Although there was a displecement of legislative power from president to house of respresentative after the amandement of indonesian constitution 1945, the president still has major authority in proferring draft of law, the movement of president in discussing draft of law together with house of representative aimed at gaining common agreement (section 20, article (2) constitution of 1945, basically there is no different prior to the amandement of indonesian institution 0f 1945. This mechanism shows that the displacement of legislative power from president to house of representative (section 5, article (1) and section 20, article (1) of indonesian constitution of 1945) refers to the linguistic shiffting not to the real meaning of displacement.
International journal of research and innovation in social science, 2022
The retributive justice paradigm, which forms the legal basis for eradicating corruption, is irre... more The retributive justice paradigm, which forms the legal basis for eradicating corruption, is irrelevant to the law's main objective against corruption in Indonesia. The spirit to save state assets must be based on restorative justice thinking oriented towards recovering from criminal acts rather than imprisoning corruptors. This study aims to examine the legal and political policies for eradicating corruption in Indonesia, where restorative justice can be used to restore state financial losses that can be recovered by the accused. This study uses normative legal research to answer the problems faced, and the authors use legal rules, legal principles, principles, and doctrines. The study results show that 1) the concept of restorative justice in sentencing perpetrators of corruption can be implemented by strengthening the norms of restitution for state losses from serving as additional crimes to becoming principal crimes. As for anticipating perpetrators unable to pay for these losses, the concept of forced labor can be applied instead of imprisoning perpetrators of corruption; 2) the concept of restorative justice in sentencing perpetrators of corruption can be implemented in the form of strengthening the norms of returning state losses from being an additional crime to being a major crime; 3) it is important to reform the criminal act of corruption immediately so that the restorative justice paradigm can be immediately introduced into the new legal norms.
Russian Law Journal
The regulation of mining business licenses (IUP) has experienced dynamics. In Law No. 4 of 2009 o... more The regulation of mining business licenses (IUP) has experienced dynamics. In Law No. 4 of 2009 on Mineral and Coal Mining (Minerba Law), the central and regional governments exercise the licensing authority proportionally. Then, in 2020, the head of mining licenses was changed again through Law No. 3 of 2020. Based on this law, the licensing authority is fully vested in the central government. This shift in licensing authority is interesting to study. The study departs from the questions: (a) how are the boundaries of legal and illegal mining businesses in Indonesia; (b) how are the procedures and requirements for obtaining an IUP from an administrative law perspective; (c) how are the sanction arrangements for illegal mining business actors after the revision of the Minerba Law. This study departs from the use of normative legal research methods with a statutory approach and conceptual approach. Finally, the study results reveal that the basic principle underlying the management o...
Russian Law Journal
The existence of the Covid-19 pandemic is a very dangerous threat to the nation and state, so con... more The existence of the Covid-19 pandemic is a very dangerous threat to the nation and state, so concrete steps are needed to deal with its spread. This research aims to find out the notion of social protection in the constitution, as well as to assess the alignment of the Indonesian Government's vaccination policy with the constitution. This research is a normative juridical legal research. This research aims to find the alignment of vaccination policies with constitutional values and assess public compliance with vaccination policies. The results show that the Indonesian constitution in the understanding of social protection adheres to the concept of socialism - solidarity which is based on the protection of human rights, justice and benefit, and as for the vaccination policy carried out by the government, it is in line with constitutional values because it contains protection of health rights.
Tumou Tou Law Review
Penelitian ini bertujuan untuk menganalisis penerapan nilai keadilan sebagai dasar pertimbangan M... more Penelitian ini bertujuan untuk menganalisis penerapan nilai keadilan sebagai dasar pertimbangan Mahkamah Konstitusi No 74/PUU-XVIII/2020 Pengujian Pasal 222 Undang-Undang No 7 Tahun 2017 tentang Pemilihan Umum terkait dengan Legal Standing Pemohon. Penelitian ini merupakan penelitian hukum normatif. Hasil penelitian ini menunjukkan bahwa argumentasi kerugian konstitusional para pemohon seharusnya Mahkamah Konstitusi mempertimbangkan kembali terkait kedudukan hukum para pemohon. Norma ambang batas (presidential threshold) pencalonan Presiden dan Wakil Presiden yang diajukan oleh para pemohon sangat berpotensi menimbulkan kerugian konstitusional. Para pemohon juga secara konkret telah terjadi suatu peristiwa hukum dimana partai-partai baru tidak dapat mencalonkan Presiden dan Wakil Presiden yang disebabkan norma ambang batas Pencalonan Presiden dan Wakil Presiden. Diperlukan pengaturan secara spesifik terkait dengan penent...
International Journal of Research and Innovation in Social Science
The retributive justice paradigm, which forms the legal basis for eradicating corruption, is irre... more The retributive justice paradigm, which forms the legal basis for eradicating corruption, is irrelevant to the law’s main objective against corruption in Indonesia. The spirit to save state assets must be based on restorative justice thinking oriented towards recovering from criminal acts rather than imprisoning corruptors. This study aims to examine the legal and political policies for eradicating corruption in Indonesia, where restorative justice can be used to restore state financial losses that can be recovered by the accused. This study uses normative legal research to answer the problems faced, and the authors use legal rules, legal principles, principles, and doctrines. The study results show that 1) the concept of restorative justice in sentencing perpetrators of corruption can be implemented by strengthening the norms of restitution for state losses from serving as additional crimes to becoming principal crimes. As for anticipating perpetrators unable to pay for these losse...