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Arrangement of Joint Commitment In Protection Of Human Rights In The Region of ASEAN Nita, Surya
Journal of Strategic and Global Studies
Publisher : UI Scholars Hub

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Abstract

Protection of human rights must be carried out wherever humans are. The state’s obligation to fulfill, to respect, to protection is an obligation for every country, including all ASEAN countries. Human rights crimes that occurred in ASEAN countries require joint commitment arrangements between ASEAN countries to ensure the protection of human righrs in each country. So There is a need for a study to analyze the joint commitment arrangements in protecting human rights in the ASEAN region. Based on the explanation above, the study problem boundaries are formulated as follows: 1. How is the joint commitment arrangement for protection of human rights in the ASEAN region?; How are the efforts of the Indonesian government regulating the protection of human rights in the ASEAN region?. The purpose of this paper is to analyze the arrangement of joint commitments to protect human rights in the ASEAN region and to analyze the efforts to regulate the Government of Indonesia in the proctection of human rights in the ASEAN region. The method used is juridical normative with literature study and analysis used descriptive qualitative by describing human rights arrangements in the ASEAN region. Based on the explanation above, ASEAN first 1967 had a joint commitment to the Charter of Association of Southeast Asian nations and in 2012 the ASEAN Declaration of Human Rights. In 2009 the ASEAN Intergovernmental Commission on Human Rights (AICHR) was formed, which is an integral part of the ASEAN organizational structure which acts as a consultative body and provides advice on the protection of human rights. This institution is supported by the ASEAN as a joint commitment in providing protection of human rights in ASEAN countries. Second, that Indonesia has rules regarding human rights as regulated in the 1945 Constitution, Law No. 39 of 1999 about Human Rights and other regulation related to human rights. Indonesia is committed to protecting human rights both in Indonesia, in ASEAN countries and around the world. Keywords: Joint Commitment, Human Rights, ASEAN
Legal Protection of the Workers in Certain Time Agreement (Study at PT. Infomedia Nusantara) Surya Nita
International Conference of ASEAN Prespective and Policy (ICAP) Vol 1 No 1 (2018): INTERNATIONAL CONFERENCE OF ASEAN PERSPECTIVE AND POLICY (ICAP)
Publisher : International Conference of ASEAN Prespective and Policy (ICAP)

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Abstract

Working relationships are formed as a result of an agreement between employers and workers. The agreement is reached after both parties talk / negotiate on the agreement to be made and based on the will of both parties. The problem that arises is the number of violations in the application of the system of certain time agreement (CTA). Many deviations occur on the implementation of CTA rules or in other words CTA that is implemented is not appropriate or even does not refer to the rules of CTA set out in the Manpower Act. In practice, in addition to the application of CTA which is not in accordance with the provisions stipulated in the Manpower Act, the CTA system implemented also greatly disadvantages the workers. The purpose of this research is to know the legal arrangement about certain time work agreement, due to certain time working agreement law, and legal protection to workers who are bound in certain time working agreement in PT. Infomedia Nusantara. The type of research used is empirical method, descriptive research, while data analysis in this study using qualitative methods. Based on the provisions of Article 56 paragraph (2) of Law Number 13 Year 2003 concerning Manpower referred to as certain time agreement (CTA) constitutes an employment agreement between workers or workers and employers to establish a working relationship within a certain time or for certain workers. As a result of the law of a certain time labor agreement regulates if either party terminates the employment relationship before the expiration of the period specified in a specified working period, the party terminating the employment relationship is ultimately required to pay compensation to the other party for the wanprestation of that party. Legal protection of workers who are bound in certain time work agreement in PT. Infomedia Nusantara is based on the Law Number 13 of 2003 on Manpower, where the worker must be protected from permanent work, that is, the CTA if told to do work that is not his job, the status of CTA by law or by law is no longer into CTA, but has changed its status to Worker / Laborer of Uncertain time agreement (UCTA), whose meaning is regarded as an employee / permanent worker.
Jaminan Perlindungan Hukum Bagi Pekerja Perempuan (Dosen) Dalam Sektor Pendidikan Tinggi Di Indonesia Surya Nita
Citra Justicia : Majalah Hukum dan Dinamika Masyarakat Vol 21, No 2 (2020): Agustus 2020
Publisher : Universitas Asahan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36294/cj.v21i2.959

Abstract

Abstract Kedudukan Dosen perempuan pada Perguruan Tinggi dosen merupakan pendidik profesional dan ilmuwan yang menjalankan fungsinya dalam tri dharma perguruan tinggi yang melaksanakan pendidikan, penelitian dan pengabdan masyarkat. permasalahan yang akan dianalisis tentang bagaimana pengaturan perlindungan bagi dosen khususnya perempuan dalam menjalankan tugas sebagai pendidik profesional dan ilmuwan di Indonesia? Bagaimana perguruan tinggi dan pemerintah dapat memberikan perlindungan bagi dosen khususnya perempuan dalam menjalankan tugas tri dharma perguruan tinggi di Indonesia?. Dosen secara profesional memiliki kualifikasi akademik minimal S2, sertifikasi dosen, memiliki kepangkatan, melaksanakan tri dharma berupa pendidikan, penelitian dan pengabdian masyarakat. Dalam melaksanakan perlindungan menurut Pasal 75 Undang-Undang No. 14 Tahun 2005 Tentang Guru dan Dosen bahwa Pemerintah, Pemda, masyarakat, organisasi profesi, dan/atau satuan pendidikan tinggi wajib memberikan perlindungan hukum terhadap dosen dalam pelaksanaan tugas. Bahwa dosen perempuan sangatlah membutuhkan perlindungan hukum terhadap tindakan kekerasan dari pihak manapun dalam menjalankan tugas sebagai pendidik profesional dan ilmuwan maupun peraturan di perguruan tinggi dan aturan penegak hukum. Bahwa peranan Pemerintah, perguruan tinggi, masyarakat dan penegak hukum menjadi hal yang sangat penting untuk dilaksanakan untuk memberikan kepastian hukum dan jaminan bagi dosen perempuan dalam menjalankan tugas dan fungsi sebagai pendidik profesional dan ilmuwan dengan mengabdikan diri untuk melaksanakan tri dharma perguruan tinggi seperti pendidikan, penelitian dan pengabdian masyarakat. Kata kunci : Jaminan, Pekerja, Perempuan, Pendidikan Tinggi
IMPLEMENTATION OF VISIONARY LEADERSHIP IN FORMING THE EXCELLENT POSITION OF THE INDONESIAN NATIONAL POLICE (POLRI) IN THE METROPOLITAN POLICE REGION Heaveny N., Muh. Mahdi; Nita, Surya; Gani, Yopik
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 1 (2024): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i1.965

Abstract

The visionary leadership style focuses on school principals' ability to create a forward-thinking vision for the school, driving change and setting the organization's direction. This scientific article proposes implementing visionary leadership to shape the Indonesian National Police (Polri) excellence in the Jakarta Metropolitan Police. The study uses a qualitative approach with analytical descriptive to provide a detailed overview. Primary and secondary data, collected through observation, interviews, and document studies, are used. The author validates the data using triangulation techniques. The research findings reveal that visionary leadership is performance-oriented, with a focus on designing a future vision. It encompasses three characteristics: (1) "Leading by example in front"; (2) "Creating opportunities for initiative in the middle"; and (3) "Providing support from behind." The current leadership style in the Jakarta Metropolitan Police has several weaknesses, including a military influence, an unclear vision, a lack of organizational orientation, weak managerial skills, a gap between top and low-level managers, a lavish lifestyle, and disregard for the environment. One indicator is the high number of violations by officers in 2022, including 26 disciplinary violations and 215 ethical code violations. Strategies for implementing visionary leadership in the Jakarta Metropolitan Police include defining the organizational vision, translating it into a mission, creating strategies, conducting evaluations, developing work plans, demonstrating commitment and integrity, upholding leadership ethics, and making prompt and accurate decisions.
THE LAW ENFORCEMENT BY THE INDONESIAN NATIONAL POLICE (POLRI) TO ADDRESS THE TRIGGERS OF SOCIAL CONFLICT DURING THE 2019 ELECTIONS IN BANDAR LAMPUNG Tana, Jimmy; Nita, Surya
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 1 (2024): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i1.1002

Abstract

To address the social conflict triggers during the 2019 elections in Bandar Lampung, it is necessary to implement effective law enforcement. Simply relying on repressive penal measures is insufficient to deter potential perpetrators of election crimes, hoaxes, and hate speech. Likewise, preventive non-punitive approaches are unable to effectively curb the growth of social conflict triggers. Political actors take advantage of Bandar Lampung's history of social conflict, utilizing emotional manipulation as a primary tool in fueling conflicts. Therefore, the Bandar Lampung Police, through their law enforcement authority, must take action to prevent the escalation of these conflict triggers. This paper utilizes a descriptive qualitative approach to conduct research. It focuses on studying the optimization of law enforcement by the Police to minimize social conflicts during the 2019 Election. The research gathers primary data directly from respondents and secondary data from literature studies. The discovery reveals that enforcing the law to minimize social conflicts during the 2019 elections in Bandar Lampung is a challenging task for the police. Both repressive and preventive measures face difficulties. The enforcement of penal law lacks the necessary competence and resources, resulting in limited effectiveness in reducing social conflicts through criminal sanctions. On the preventive side, cooperation between institutions is lacking, polmas policies are not implemented properly, candidate socialization is not optimal, and the SPIS function is not maximized. As a result, hoaxes, hatespeech, and money politics easily spread, causing emotional distress among affected community groups.
PERFORMANCE ANALYSIS OF INVESTIGATORS IN UNCOVERING CYBER FRAUD: (Case Study at the West Jakarta Metro Police) Siagian, Joshua Oktavianus; Nita, Surya; Sitorus, Aldika Martua; Handayani, Riska Sri
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 3 (2024): JULY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i3.1262

Abstract

The aim of this study is to evaluate the performance of investigators in handling cybercrime cases in the jurisdiction of West Jakarta Metro Police. The research method used is literature review and secondary data analysis from various reliable sources regarding the development of information technology and cybercrime in Indonesia. The research results show that Investigators in the Cybercrime Subunit of West Jakarta Metro Police have shown significant efforts in handling cybercrime cases, especially cyber fraud. They have utilized various investigation methods and techniques in accordance with the applicable laws in Indonesia, including the ITE Law and other related regulations. However, investigators face several challenges, including limited facilities and infrastructure such as inadequate computers and other devices. Budget constraints are also a major obstacle, especially in funding investigative operations outside Jakarta. In addition, poorly organized SOPs and lack of consistency in their implementation also hinder the effectiveness of investigations. This includes inconsistencies in delivering SP2HP in accordance with Perkap Number 14 of 2012. The implementation of information technology, such as Smart Policing and E-SP2HP programs, has helped improve personnel capacity and real-time reporting. However, further evaluation is needed to ensure the effectiveness and integration of this technology with the coordination of relevant institutions. Success in handling cybercrime also depends on cooperation among law enforcement agencies and increased training for cyber police officers. This includes establishing guidelines for handling cybercrime cases and adopting effective digital forensic methods.
Action against Traffic Violations during the Pilkada Campaign Period by Traffic Officers in the Context of Realizing Traffic Security and Traffic Security in the Jurisdiction of the Surakarta Police Johannes, Stevano Leonard; Nita, Surya; Gani, Yopik
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 7, No 1 (2024): Budapest International Research and Critics Institute February
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v7i1.7833

Abstract

This research was motivated by the high number of traffic violations committed by participants in the 2015 Pilkada campaign. These traffic problems occurred due to low traffic awareness among the people of Surakarta. Considering the high number of traffic violations by students, the Surakartal Police Traffic Unit should prioritize taking action against violations against participants in the 2015 regional election campaign. This research was carried out to obtain an overview of the process of taking action against students by taking action against violations by the Surakartal Police Traffic Unit officers. This description includes the causes of traffic violations committed by campaign participants then with the available concepts and theories including law enforcement theory, routine activity theory and Law number 22 of 2009 concerning Road Traffic and Transportation to find out the picture of action against traffic violations. Carried out and taking into account the factors that influence the prosecution of traffic violations carried out by traffic officers within the jurisdiction of the Surakarta Police in order to create an increase in road traffic security.
Implementation of Sambang by Bhabinkamtibmas for Pressing the Numbers of Motor Vehicle Theft in Jurisdiction of Karawang Police Resort Dwitiya, Bunga Herlin; Setyabudi, Chairul Muriman; Nita, Surya
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 4, No 4 (2021): Budapest International Research and Critics Institute November
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i4.2967

Abstract

This research was motivated by the theft of motor vehicles in the Karawang regency in the last five years to the crime of the highest with the number 176 cases in 2019 Bhabinkamtibmas as the police officer in the village has a preventive role with sambang to suppress motor vehicle theft in Karawang Regency, especially Klari District. The purpose of this study was to determine the implementation of sambang by Bhabinkamtibmas and what factors were inhibiting it, as well as innovations in suppressing the number of thefts. As a knife of analysis in this study, using management theory, the concept of Bhabinkamtibmas, the concept of sambang, and the concept of implementation. This research was conducted with a qualitative approach, using the type of field research, as well as interview data collection techniques, observations, and document review. From the results of the study, the authors found several facts that we're still unfulfilled, namely, they did not have data on the community of their fostered village, there was no recidivist data regarding the perpetrators of theft, did not have the name cards of Bhabinkamtibmas members, there was no inspection of the tidiness of the body and officers' equipment and messages that were sent. Conveyed that it has not been directed towards theft of motorized vehicles, not all members of Bhabinkamtibmas have attended vocational education. It can be concluded that there are still many shortcomings that are found, for that the author provides input to hold night patrols to maintain security, especially at vulnerable hours, and provide Bhabinkamtibmas vocational education. Approaching individuals who have dealt with the police so that they are not antipathetic to Bhabinkamtibmas, giving rewards so that Bhabinkamtibmas is maximal in carrying out its duties, and making innovations to reduce the number of vehicle theft crimes by developing media for delivering Bhabinkamtibmas messages through Instagram, Facebook, Twitter or YouTube to make it more interesting.
Penegakan Hukum terhadap Kasus Siber di Ditreskrimsus (Studi Kasus pada Polda Metro Jaya Tahun 2022) Pardede, Arga; Setyabudi, Chairul Muriman; Nita, Surya
Al Qalam: Jurnal Ilmiah Keagamaan dan Kemasyarakatan Vol. 18, No. 2 : Al Qalam (Maret 2024)
Publisher : Sekolah Tinggi Ilmu Al-Qur'an (STIQ) Amuntai Kalimantan Selatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35931/aq.v18i2.3386

Abstract

Penelitian ini bertujuan untuk mengkaji praktik penegakan hukum terkait pelaku kejahatan siber dan Badan Reserse Kriminal Polda Metro Jaya Tahun 2022. Penelitian ini menggunakan metodologi penelitian hukum normatif yang disempurnakan dengan menggunakan data atau komponen empiris. Temuan penelitian menunjukkan bahwa Undang-Undang Nomor 19 Tahun 2016 tentang Informasi dan Transaksi Elektronik telah melakukan perubahan terhadap Undang-Undang Nomor 11 Tahun 2008 tentang hal yang sama. Amandemen ini telah memberikan kerangka normatif yang relatif akomodatif untuk memenuhi kebutuhan individu yang melakukan aktivitas di dunia siber. Jenis kejahatan siber yang banyak terjadi di wilayah Polda Metro Jaya antara lain penipuan email, website, dan SMS, akses atau pembajakan data tanpa izin, peretasan, dan pemerasan atau ancaman menggunakan media elektronik. Polisi terlebih dahulu menerima laporan atau pengaduan terkait kejahatan siber, kemudian melakukan penyelidikan untuk memastikan status tersangka terkait penegakan hukum kejahatan siber.
Human Research Development for Purpose Drug Research Function Increasing Case Disclosure in the Jurisdiction of the Cirebon City Police Wiharto, Bastian Dhira Octavianto; Nita, Surya; Nasution, Ingka Harsani
Al Qalam: Jurnal Ilmiah Keagamaan dan Kemasyarakatan Vol. 18, No. 2 : Al Qalam (Maret 2024)
Publisher : Sekolah Tinggi Ilmu Al-Qur'an (STIQ) Amuntai Kalimantan Selatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35931/aq.v18i2.3384

Abstract

The narcotics problem in Indonesia is still very high, including cases of narcotics abuse. This problem also occurs in the legal area of the Cirebon City Police with an increasing trend in drug abuse. However, at the same time there is a decrease in the number of P21 which implies a decline or other factors that influence member performance, both internal and external. Therefore, handling drugs is a special concern for various groups. Not only the state apparatus, including outside the apparatus are involved in handling drug cases. In particular, the National Police is the front guard in handling drug cases. In the East Belitung area, the Police have the authority to handle drug problems which are directly handled by the Narcotics Research Unit (Satresnarkoba) which is tasked with carrying out the guidance and guidance of investigative functions, investigations, supervision of investigations into criminal acts of abuse and illicit trafficking of drugs and their precursors, as well as guidance and counseling in the context of prevention and rehabilitation of victims of drug abuse.