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POLITIK HUKUM DAN HAM ( Kajian Hukum Terhadap Kewajiban Pemenuhan dan Perlindungan Hak Asasi Manusia Dalam Konstitusi Indonesia ) Zaini, Naya Amin
Jurnal Panorama Hukum Vol 1 No 2 (2016): Desember
Publisher : Fakultas Hukum Universitas PGRI Kanjuruhan Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (483.987 KB) | DOI: 10.21067/jph.v1i2.1412

Abstract

The 1945 Constitution explain that Indonesia is a country based on law, that law as the main parameter in making policy and directing ideal of the country . Policy and orientation of country is inseparable from an Indonesian nation ideology and Indonesian basic norms. Because nation ideology is an characteristic of Indonesian nation in inspiring the material substance of constitution and legislation. In recognizing fundamentally ideology values of Indonesian nation can be traced in the thinking of the founders of Indonesian nation. The founders of Indonesian nation has initiated a debate, design, structure, crystallization great ideas to directing the ark of Indonesian toward a law nation-country that modern, large and create a better fate. Debate and formulation of basic values integrated in constitution and legislation is related to format of citizens' basic values that must be respected, protected and fulfilled by the Republic of Indonesia named human rights (HAM).
Legal Protection of Advocates' Immunity Rights Dewi Suryandari, Wieke; Zaini, Naya Amin
International Journal of Law Social Sciences and Management Vol. 2 No. 1 (2025): International Journal of Law Social Sciences and Management
Publisher : Yayasan Meira Visi Persada

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69726/ijlssm.v2i1.89

Abstract

The right to advocate immunity is the legal protection given to advocates who can practice their profession freely without the threat of criminal or civil charges. This right to immunity is regulated in Article 16 of Law Number 18 of 2003 concerning Advocates. However, the current legal protection is not yet fully effective because there is still a legal vacuum, especially in the scope of immunity rights outside the trial. As a result, advocates are still vulnerable to criminalization when performing their professional duties. This study aims to analyze the legal protection that is regulated and identify the shortcomings of regulations related to the right to advocate immunity. Using a normative legal approach, this study concludes that revisions and improvements are needed to clarify the limitations and scope of the right to immunity, including expanding the role of advocate organizations and educating law enforcement officers to prevent the criminalization of advocates.
Strengthening legal certainty in the construction sector through the reconstruction of criminal sanctions for building failures Nasirin, Khoirun; Zaini, Naya Amin; Suryandari, Wieke Dewi
Indonesian Journal of Multidisciplinary Science Vol. 4 No. 2 (2024): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v4i2.1029

Abstract

The construction sector is vital for Indonesia's national economic development and infrastructure growth, serving as a foundation for public welfare and the built environment. However, the legal framework governing this sector faces significant challenges, particularly in addressing building failures and their associated accountability. The absence of clear definitions and specific criminal sanctions in Law No. 2 of 2017 on Construction Services creates legal uncertainty, undermining both accountability and enforcement mechanisms. This study analyzes regulatory gaps, focusing on weaknesses in existing legal provisions related to construction failures and exploring avenues for reconstructing criminal sanctions to enhance legal certainty and justice. Utilizing a normative juridical research method, the study identifies the ambiguity in defining construction failures and the lack of proportional sanctions as critical barriers to ensuring compliance, safety, and quality standards in the industry. The findings highlight the necessity for legislative reforms to provide a comprehensive definition of construction failure, establish proportional criminal sanctions, and implement effective dispute resolution mechanisms. Such measures aim to strengthen legal protections, foster industry accountability, and promote safer and higher-quality construction practices, contributing to the advancement of Indonesia’s construction sector and public interest.