Jurnal Kawruh Abiyasa

DISPARITY IN AUTOPSY ARRANGEMENTS RELATED TO THE VICTIM'S FAMILY'S CONSENT TO AN UNNATURAL DEATH

Mon, 19 Feb 2024 00:00:00 +0700

Cases of unnatural death require an autopsy of the victim as regulated in Articles 133 and 134 of the Criminal Procedure Code (KUHAP). In Article 134 of the Criminal Procedure Code, investigators are obliged to notify the victim's family first. In Article 134 of the Criminal Procedure Code, investigators are only obliged to notify the victim's family, not to obtain approval for an autopsy of the victim's body due to unnatural death. This becomes a conflict of norms if we refer to Article 157 paragraph (3) of Law Number 17 of 2023 concerning Health which states that this must be done with the family's consent. Therefore, this research aims to analyze the disparity in arrangements for autopsy permits from the victim's family using research methods referring to the statutory regulatory approach and the conceptual approach. With the results of the research, there is a need for reconstruction and/or updating of related regulations. This aims to ensure real implementation of legal certainty as stated in Article 28D paragraph (1) of the Constitution of the Republic of Indonesia.

KEBEBASAN BERAGAMA DALAM PERSPEKTIF HUKUM POSITIF INDONESIA

Vida Octrikasari Erianto — Mon, 19 Feb 2024 00:00:00 +0700

Freedom of religion is fundamental in national and state life, especially in a rule-of-law state. The law clearly protects and guarantees religious freedom, this is stated in several articles in Indonesian legislation, including the constitution of the Republic of Indonesia. However, the concept of religious freedom does not mean that someone is free to express themselves regarding their religion or beliefs. Of course there are restrictions aimed at protecting other people's rights and also public order. The limits to expressing this freedom are as far as expressing oneself in the context of the religion one adheres to, such as da'wah activities for Muslims and religious holiday celebrations. Apart from that, the introduction of a new religion that is recognized by Indonesia certainly cannot be done immediately. There are stages and procedures that must be carried out to achieve recognition of a legally recognized religion in Indonesia.

MEKANISME PEMBENTUKAN PERATURAN KEPALA OTORITA IBU KOTA NUSANTARA BERDASARKAN PERATURAN PERUNDANG-UNDANGAN YANG BERLAKU

Aisyah Anudya Palupi, Diana Septaviana, Rendy Airlangga — Mon, 19 Feb 2024 00:00:00 +0700

This study aims to analysis Head of the Nusantara Capital regulatory forming based on the existing regulations, including the content material itself. The research method used is normative juridical, with conceptual and statue approach. The results of the study show that based on Law Number 12 of 2011 concerning the regulatory forming, the Head of the Nusantara Capital regulatory forming based on provisions that specially regulated about it, namely Presidential Regulation Number 62 of 2022. The fact that Head of the Nusantara Capital formed for carrying out higher laws and regulations, it is necessary to have arrangements related to more specific content material such as the example contained in the Regulation of the Minister of National Development Planning Number 6 of 2018 concerning Procedures for Drafting Legislation and Decrees at the Ministry of National Development Planning/Agency National Development Planning

PERAN PENERIMAAN NEGARA BUKAN PAJAK PADA SEKTOR PERTAMBANGAN TERHADAP PENINGKATAN PEMBANGUNAN DAN PEREKONOMIAN NEGARA

Ardhana Christian Noventri, Diana Septaviana — Mon, 19 Feb 2024 00:00:00 +0700

In Indonesia, the state administration process must be oriented towards achieving state goals. Good state financial management will reflect the good state of the country, this is what ultimately encourages the government to continue to strive to optimize good financial management towards good government. In Article 11 Paragraph (3) of Law 17/2003, it is explained that state income comes from 3 (three) types, namely tax revenue, non-tax revenue and grants. Until now, the tax component is the largest contributor to state income. However, on the other hand, there is also a source of state income which also plays a big role in contributing to state finances, namely Non-Tax State Revenue (PNBP). With the large role of PNBP in state income, it is logical not to ignore the role of PNBP in the state financial system. Through this background, the author attempts to analyze the role of non-tax state revenue in the mining sector in increasing state revenue. This analysis aims to see the significant impact of state revenue obtained from PNBP itself. This research is research using normative juridical methods.

PERBANDINGAN HUKUM DALAM PELAKSANAAN PRESIDENTIAL THRESHOLD PADA PEMILIHAN UMUM ANTARA INDONESIA DAN KOREA SELATAN

Nabiyla Nadhir — Mon, 19 Feb 2024 00:00:00 +0700

Indonesia is a country that adheres to a presidential system of government. The presidential system in Indonesia shows that the source of the president's legitimacy as head of state and head of government in a presidential system comes from the people. There are two variants of direct presidential election mechanism models in the world. First, the system of direct presidential elections by the people. Second, the system of direct presidential elections through non-permanent intermediaries is usually called the electoral college system. Since the 2004 presidential and vice presidential elections, the electoral system in Indonesia has used threshold provisions or what is commonly known as the presidential threshold. Regulations regarding the presidential threshold itself are still changing in Indonesia, this is because this provision is an open legal policy, meaning that the percentage provisions in the presidential threshold are within the authority of the legislators. The Presidential Threshold then becomes a problem because political dynamics are dynamic and the urgency of setting these conditions then reduces everyone's rights to get equal opportunities in government. Therefore, a legal comparison was carried out regarding the existing electoral system arrangements in Indonesia and South Korea.

PERBANDINGAN SISTEM EKONOMI DI INDONESIA DAN VIETNAM BERDASARKAN KONSTITUSI DALAM MENJAWAB PERMASALAHAN KEMISKINAN STRUKTURAL

Diana Septaviana, Ardhana Christian Noventri — Mon, 19 Feb 2024 00:00:00 +0700

In essence, poverty is divided into 2 (two) types, namely structural and cultural. A country's economic system is usually presented in the constitution. The written constitution in Indonesia is known as the Basic Law. The economic system is fundamental to the movement of a country. One of the terms that often appears related to the economic system in a constitution is economic constitution. Countries in ASEAN are countries that are strategically developing their economies, including Indonesia and Vietnam. Indonesia's economic system uses the Pancasila economic system, while Vietnam uses a socialist economic system. Indonesia and Vietnam have something in common, namely that their economies prioritize collectivity for the advancement of the people's economy. The similarities and differences in the economic systems of Indonesia and Vietnam can be seen from a perspective to provide answers to structural poverty. As fellow ASEAN countries, both Indonesia and Vietnam prioritize collectivity in their economic systems. Therefore, in this research a comparison will be made of the Indonesian and Vietnamese economic systems in the constitution to respond to the occurrence of structural poverty.

STRATEGI PERCEPATAN PEMBANGUNAN ZONA INTEGRITAS POLRESTA BANYUWANGI GUNA MEWUJUDKAN WILAYAH BIROKRASI BERSIH DAN MELAYANI

ARY MURTINI — Mon, 19 Feb 2024 00:00:00 +0700

Bureaucratic reform is one of the first steps to structuring a good, effective and efficient government administration system, so that it can serve the community quickly, accurately, and professionally. The research was conducted to describe the strategy for accelerating the development of the integrity zone at the Banyuwangi Police, by describing the commitment of the Banyuwangi Police Chief and his staff in building the integrity zone towards the Clean and Serving Bureaucracy Area and the strategy for implementing change management in the service sector at the Banyuwangi Police. The research method uses empirical legal research using empirical facts taken from human behavior, both verbal behavior obtained from interviews and real behavior carried out through direct observation. With the results of the research, that the Banyuwangi Police Chief and his staff are committed to building an integrity zone at the Banyuwangi Police. This can be seen from the strategies implemented in community service units, such as the Traffic unit and the Intelligence unit. Although from the data obtained, there are still personnel who commit violations and there are still dumas, but it can be seen that several innovations have been made. So that it is necessary to improve the quality of online and integrated-based services, socialization in manual or electronic form as well as the application of rewards and punishments. However, public trust and strategy which is the elaboration of the vision, mission and several previous components are the two key words for Polri.

EXISTENCE OF CHILD HOUSEHOLD WORKERS (PRTA IN INDONESIAN) IN DEVELOPMENT OF EMPLOYMENT LAW

Erika Rahmawati — Mon, 19 Feb 2024 00:00:00 +0700

Presidential Decree No. 59 of 2002 concerning the National Action Plan for the Elimination of the Worst Forms of Child Labor has included Domestic Work as the worst work for children (Pekerja Rumah Tangga Anak/PRTA in Indonesian). However, Law Number 1 of 2000 concerning Ratification of ILO Convention Number 182 Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor, does not include Child Domestic Labor (PRTA) as its scope. On the other hand, the non-accommodation of employment relations child domestic workers in the Employment Law places as parties who are vulnerable to exploitation, violence and discrimination. In connection with these problems, in the discussion of this paper it can be concluded that the validity of the employment relationship for Child Domestic Workers has fulfilled the elements of an employment relationship, including work, orders and wages. In addition, sanctions for employers who exploit Child Domestic Workers include administrative, civil and criminal sanctions. However, due to the failure to accommodate the validity and regulation of domestic workers in the Employment Law, legal reform can be carried out, namely by including the sub-discussion of domestic workers in the PPRT Bill, as well as the need to regulate strict sanctions for employers who carry out exploitation as well as labor inspection mechanisms in the informal sector.