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Akmal, Zainul
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ANALISIS PUTUSAN PENGADILAN NEGERI JAKARTA PUSAT NOMOR 757/PDT.G/2022/PN JKT.PST TENTANG PENUNDAAN PEMILIHAN UMUM SERENTAK TAHUN 2024 Syanur, Fitre Nesi; Junaidi, Junaidi; Akmal, Zainul
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

General elections are an important pillar in a democratic country as a legitimatemechanism for changing state power, resulting in the formation of the Election Law. However, inpractice, conflicts of interest often occur which result in elections being held. The dispute raisedin this research is the PRIMA Dispute with the KPU which resulted in a decision by the CentralJakarta District Court with case registration number 757/Pdt.G/2022/PN Jkt.Pst. This decisioncontains crucial points that decide the postponement of the simultaneous general elections in2024. The aim of this thesis research is first, to analyze the absolute and relative permission ofthe Central Jakarta district court in examining and deciding the a quo case. Second, analyze theinterpretation method used in the a quo decision. Third, examine the settlement process thatshould be carried out in this case, especially the position of the Central Jakarta District Courtthat should be taken in the a quo case and the legal efforts that should be taken by PRIMA.This type of research can be classified into normative research and focuses on legalprinciples. This research uses data sources in the form of secondary data with data collectiontechniques based on literature study.From the results of research on the problem, there are three main things that can beconcluded. First, based on Law Number 7 of 2017 concerning General Elections, the CentralJakarta District Court has absolutely no absolute or relative authority in examining anddeciding a quo cases. This case clearly falls under the absolute authority of the StateAdministrative Court based on Article 470 of the Election Law and Article 2 of PERMA RINumber 2 of 2019. Second, the interpretation method used in the a quo decision is an extensiveand systematic interpretation method. Third, the resolution path that PRIMA should take is toreject the a quo case during the preliminary examination by the head of the court or give a NietOntvankelijke Verklaard (NO) decision or it cannot be accepted because there are formal defectsin the lawsuit, which is the limit of the district court's absolute authority. PRIMA can take legalaction through a lawsuit to the Jakarta PTUN with the judicial object being Bawaslu Decision002/PS.REG/BAWASLU/IX/2022.Keywords : Authority - District Court - Postponement of Elections
IMPLEMENTASI PERATURAN MENTERI HUKUM DAN HAK ASASI MANUSIA NOMOR M.HH.02.UM.06.04 TAHUN 2011 TENTANG PEDOMAN PELAYANAN KESEHATAN DI LINGKUNGAN KEMENTERIAN HUKUM DAN HAK ASASI MANUSIA DI LEMBAGA PEMASYARAKATAN KELAS IIB PASIR PENGARAIAN Faradila, Mutia; Firdaus, Emilda; Akmal, Zainul
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Health care is a form of realization of the implementation of human rights and is one ofthe elements of welfare that must be realized in accordance with the ideals of the Indonesiannation. All citizens have the right to obtain health services. Article 4 of Law Number 36 of 2009concerning health says "everyone has the right to health".This type of research is sociological or empirical juridical legal research, namelyresearch obtained directly from the community or primary data research. This research aims tosee the correlation between legal regulations and their implementation in the community byinstitutions.Based on the results of temporary research, the implementation of the MinistryRegulation has not been as expected. This is due to limitations in facilities and infrastructure andthe unavailability of health workers at the Pasir Pengaraian Class IIB Penitentiary. Healthservices in its implementation have been carried out in collaboration with the local CommunityHealth Center in the form of health service visits 2 (two) times a week and there is a PrimaryClinical Clinic at the Pasir Pengaraian Class IIB Correctional Institution, but in its enforcementit is still not appropriate and must be adjusted to the Regulation of the Minister of Law andHuman Rights Number M.HH.02.UM.06.04 of 2011 concerning Guidelines for Health Serviceswithin the Ministry of Law and Human Rights.Keywords: Health Services, Correctional Institution, Human Rights
PERBANDINGAN KONSTITUSI TENTANG PEMBATASAN MASA PERIODE JABATAN PRESIDEN DI INDONESIA DAN FILIPINA SINURAT, ARGA SANDYA RAJA; Haryono, Dodi; Akmal, Zainul
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The president is the head of government (chief of executive), but also the head of state (chief of state).The term of office of the president in various countries is different. The term of office of the president inIndonesia in one period of five years can be elected twice based on Article 7 of the 1945 Constitution, whilein the Philippines the term of office of the president can only be elected once in a year. one period for six yearsbased on the Philippine Constitution Chapter 7 Article 4. Therefore, this research aims to find out and comparethe two countries in terms of similarities/differences, advantages/disadvantages, and the urgency ofcomparison to strengthen regulations limiting the period of presidential office in Indonesia and thePhilippines.This type of research can be classified as a normative research type. The research focuses on examiningthe comparison of term limits for the presidents of Indonesia and the Philippines. The data sources used aresecondary data in the form of primary legal materials, namely the 1945 Constitution and the PhilippineConstitution, secondary legal materials, namely documents and journals, and tertiary legal materials, namelylegal dictionaries. The data collection technique in this research is the literature review method, usingDescriptive analysis describes, describes and compares the Indonesian and Philippine constitutions regardingpresidential term limits.Limiting the presidential term of office for Indonesia and the Philippines has similarities/differences,advantages/disadvantages, and the urgency of strengthening the implementation of presidential termregulations. The similarities/differences are that the countries have the same principle of Trias Politica(Division of power) while the differences in this case provide for re-nomination. The advantages guaranteethe creation of democratic politics, economic growth, lack of potential for corruption while the shortcomingsalso hinder the regeneration of new leaders from the executive branch. The urgency is to limit the presidentialperiod to prevent continued political instability. That in this case the researcher provides suggestions, it ishoped that policy makers will make legal politics related to the rules for limiting the term of office of thepresident by changing the provisions governing the term of office of the president as well as communityinvolvement, political style, and modernity by giving the term of office of the president to one term withprovisions as long as one period of six years.Keywords : Constitution - Period - Limitations
Analisis Yuridis Asas Fiksi Hukum Pada Pasal 81 Undang-Undang Nomor 12 Tahun 2011 Tentang Pembentukan Peraturan Perundang-Undangan Dalam Perspektif Teori Tujuan Hukum Jumiartis, Jumiartis; Artina, Dessy; Akmal, Zainul
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The existence of legal fiction actually assumes that everyone knows the law(presumtioiures de iure). However, many people really don't know about the existence of agood rule because of a lack of socialization from the government, not awareness of thepeople concerned. Van Apeldoorn introduced the principle of Legal Fiction and it has beennormalized in article 81 of Law Number 12 of 2011. In Latin there is also the adageignorantia jurist non excusat, ignorance of the law cannot be forgiven. There is also astatement with the same principle, namely the principle of ignorantia juris neminemexcusat ,that is, ignorance of the law is not a reason for forgiveness for someone. As for the sound ofArticle 81 of Law Number 12 of 2011 in terms of promulgation, it is so that everyone knowsit, and in its explanation it states that everyone is considered to know the law. The aim of thisresearch is to find out the reasons for ignorance of legal fiction by finding out what theurgency is and whether legal fiction is in accordance with legal objectives.This research method uses a type of normative legal research using qualitativeanalysis by outlining, explaining and describing the principles of legal fiction and legalobjectives. By using primary legal materials such as the 1945 Constitution, Law Number 12of 2011 concerning the Formation of Legislative Regulations replacing Law Number 10 of2004, Law Number 14 of 2008 concerning Openness of Public Information, also with aconceptual approach , and cases. Also other supporting legal materials.Fictional research results that appear to be intended more to encourage confidencethat a given legal outcome is just and appropriate are known as emotive fictions, and are anapology for the necessity in which the law finds itself in linking the actions of the parties tolegal consequences that they could not have anticipated. as apologetic fiction. However,looking at the situation in Indonesia where there are still people who do not know the law,both in terms of education, awareness of the law, knowledge and the reach of access toinformation is not optimal. So, apart from the role of the state in terms of legal education orsocialization and so on, action and understanding and improvement of the conditions asreferred to are needed.Keywords: Legal Fiction, Legislation, Legal Objectives.
URGENSI PERLINDUNGAN HUKUM PEGAWAI PEMERINTAH DENGAN PERJANJIAN KERJA (PPPK) DALAM PEMUTUSAN HUBUNGAN KERJA OLEH PEMERINTAH Andreas, Parda Doni; Haryono, Dodi; Akmal, Zainul
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Government employees with a work agreement (PPPK) are Indonesian citizens whohave met the requirements and are appointed based on the work needs of government agencies.Government employees with a work agreement are appointed by civil service developmentofficials (PPK) with a work contract. If the maximum contract term limit is not strictlystipulated, it is feared that there will be potential politicization of the extension of the PPPKcontract by irresponsible individuals and then termination of PPPK employment may alsooccur. because there is a downsizing of the organization or government policy which results ina reduction in PPPK, what compensation will PPPK receive when that happens and what arethe legal remedies for termination of employment.The purpose of writing this thesis is: first, to find out the legal protection for governmentemployees with work agreements (PPPK) who are affected by termination of employment(PHK) by the government. Second, to find out the legal remedies that can be taken bygovernment employees with work agreements (PPPK) who are affected by termination ofemployment (PHK) by the government. The research method in this thesis uses a normativejuridical type of research, namely research that focuses on examining the application of therules of law. rules or norms in positive law. The nature of this thesis research isresearchdescriptivewhich systematically describes the facts and characteristics of the objectbeing studied accurately. The data source used is the data sourcefirst, seconds andtertiary, Thedata collection method used in this research is firstly literature study, which is a technique forobtaining secondary data through documents related to the problem, objectives and benefits ofthe research, then after the data is collected it is then analyzed to draw conclusions.Based on the research results, PPPK preventive legal protection, old age security,severance pay and legal assistance, then if there is a downsizing of government organizations,PPPK whose competence is still needed and the relevant regional contract has not yet endedwill be transferred to a unit that needs it in accordance with its competence, repressive effortsas The form of protection is the State Civil Apparatus Advisory Body which has the authorityto receive, examine and make decisions on Administrative Appeals, the two PPK's legalremedies in the First Layoff, through an objection mechanism which is submitted in writing tothe superior official who has the authority to punish by including the reasons for the objectionand a copy of which is submitted. to officials who have the authority to punish. Second, throughan administrative appeal mechanism submitted to the State Civil Apparatus Advisory BodyKeywords: Officials, Government, Employment Agreement
PERBANDINGAN YURIDIS HAK VETO PRESIDEN TERHADAP RANCANGAN UNDANG UNDANG ANTARA INDONESIA DENGAN AMERIKA SERIKAT Nababan, Eprin Erikson; Haryono, Dodi; Akmal, Zainul
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Article 5 Paragraph (1) explains that the President as one of theexecutives has the right to submit bills to the DPR as a legislative institution.Article 20 also regulates the formation of the bill. The joint agreement on thelegislative function in the Indonesian presidential system of government dividesauthority. The refusal made by one party opens the possibility of tension inrelations between the DPR and the President. Second, to find out the similaritiesand differences in presidential veto power on draft laws in Indonesia and theUnited States. Third, to find out the advantages and disadvantages of thepresident's veto power over draft laws in Indonesia and the United States.The research method in this thesis uses a type of normative juridicalresearch, which is research focused on examining the application of rules ornorms in positive law. The nature of this thesis research is descriptive researchthat describes systematically, the facts and characteristics of the object understudy precisely. The data sources used are primary, secondary and tertiary datasources, The data collection method used in this study is the first literature study,is a technique to obtain secondary data through documents related to theproblem, objectives and benefits of research, then after the data is collected thenanalyzed to draw conclusions.Based on the results of research, in Indonesia veto power is the right todeclare rejection of a draft law or to the material of a bill in the planning,drafting, and discussion stages. While in America the veto power is at the stage ofdetermination (approving) The explanation above has explained that in Indonesiathe constitution only gives "a kind of veto power" to the President, but has notgiven the veto power itself to the President directly.Keywords: Veto Rights, President, Draft Law.
IMPLEMENTASI PERIZINAN ROKOK DI KOTA BATAM BERDASARKAN PASAL 31 PERATURAN PEMERINTAH REPUBLIK INDONESIA NOMOR 41 TAHUN 2021 TENTANG PENYELENGGARAAN KAWASAN PERDAGANGAN BEBAS DAN PELABUHAN BEBAS Arsyah, Nabila Aulia; Indra, Mexsasai; Akmal, Zainul
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Free Trade Zone or commonly called FTZ is one of the containers in the SpecialEconomic Zone (SEZ) which is related to a free trade zone that provides access for thecountry in terms of exemption from import duties, Value Added Tax (VAT), Value Added Taxand Luxury Goods (STLG), and excise. The access granted by a country creates a policy thatmust be implemented, such as licensing. This is confirmed in the Regulation of the Head ofthe Batam Free Trade Zone and Free Port Regulatory Agency Number 8 of 2019 concerningthe Implementation of the Entry and Exit of Goods To and From the Free Trade Zone andFree Port of Batam Article 27 Paragraph (3), where every activity in the FTZ area must havea license, one of which is licensing the distribution of cigarettes.The high contribution of cigarettes and the existence of large profits, makes a problemarise, namely the case of illegal cigarettes. So that the state issued Government Regulation ofthe Republic of Indonesia Number 41 of 2021 concerning the Implementation of Free TradeAreas and Free Ports as a juridical basis for its implementation. This is considered importantso that state revenue related to cigarette excise, especially in Batam City, can beimplemented properly and maximally.Based on the results of temporary observations, the implementation of PP No. 41 of2021 concerning the Implementation of Free Trade Areas and Free Ports has not gone asexpected. This is based on the presence of companies that do not have distribution licensesissued by BP Batam, so that it was found that 68% of the number of cigarettes did not havedistribution licenses with a projected state loss of IDR 78.8 billion, so that the target of staterevenue is not in accordance with the number of cigarette distribution activities.Keywords: Free Trade Zone, Excise, Illegal Cigarettes.
Implementasi Single Identity Number Kartu Keluarga Berdasarkan Undang-Undang Nomor 24 Tahun 2013 Tentang Administrasi Kependudukan Fachraini, Raden Shiva Nabila; HB, Gusliana; Akmal, Zainul
Jurnal Ilmiah Wahana Pendidikan Vol 10 No 10 (2024): Jurnal Ilmiah Wahana Pendidikan
Publisher : Peneliti.net

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11498689

Abstract

Single Identity Number (SIN) is a population identity number that is unique or distinctive, single and attached to someone who is registered as an Indonesian resident. Indonesian citizens and foreigners who have permanent residence permits are only allowed to be registered on one Family Card. This means that a person who is polygamous, even though both marriages are legally valid, cannot be registered on two Family Cards (KK). This is because each resident can only have one Population Identification Number (NIK) which is recorded on one family card (KK). If more than one family card is recorded, it will be recorded as duplicate data. One case of having a SIN occurred in a person named Mr. S. Mr. S had 2 family cards. The reason he has two family cards is because he is polygamous which requires him to be the head of a family who has two wives and two family cards. This research discusses the Single Identity Number in the Family Card to reduce the number of unregistered marriage couples in Pekanbaru City and what factors inhibit the implementation of the Single Identity Number Family Card as well as the efforts made by the Pekanbaru City Government in the Family Card making service.
Co-Authors Agustiyan, Agustiyan Andreas, Parda Doni Arsyah, Nabila Aulia Dessy Artina Dewanti, Chindie Priah Dodi Haryono Emilda Firdaus Evi Deliana HZ Fachraini, Raden Shiva Nabila Faradila, Mutia Ginting Suka, Samuel Yakub Radja Gusliana HB Hanna Pratiwi, Hanna Hutabarat, Memory Jesaya Jumiartis, Jumiartis Junaidi Junaidi Mexsasai Indra Nababan, Eprin Erikson Pangiestu, Adjie Rika Lestari Rohma, Putri Mawaddah SINURAT, ARGA SANDYA RAJA Syamsiar, Syamsiar Syanur, Fitre Nesi Zulhidayat, Muhammad