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<![CDATA[Hak Pilih Anggota TNI dalam Pemilu ]]>
<![CDATA[Helvis Helvis]]>
<![CDATA[ Jurnal Revolusi Indonesia Vol 2 No 2 (2022): Jurnal Revolusi Indonesia ]]>
Publisher : <![CDATA[Fenery Library ]]>
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DOI: 10.1235/jri.v2i2.240
<![CDATA[Tidak ada kejelasan dalam klausul-klausul peraturan perundang-undangan yang mengatur tentang hak pilih pada Tentara Nasional Indonesia atau TNI (Tentara Nasional Indonesia) seperti undang-undang nomor 34 tahun 2004 tentang TNI, dan undang-undang nomor 10 tahun 2008 tentang pemilihan umum, sehingga telah membuat para pelaksananya salah paham, dalam pembahasan ini adalah para Panglima TNI, yang terlibat dalam realisasi isi pesan undang-undang TNI khususnya pada pasal nomor 39. Dalam pasal tersebut, TNI dilarang menggunakan hak pilihnya. Menyikapi persoalan ini, muncul pro dan kontra di masyarakat tentang dua undang-undang di atas. Alasan mengapa hak pilih ini digunakan adalah tentang penghormatan terhadap hak asasi manusia. Sedangkan kontra mengatakan bahwa sebagai alat bela negara, TNI membutuhkan persatuan dan kesatuan anggotanya dalam menjalankan tugasnya. Dengan demikian, persoalan polemik ini menjadi kajian yang menarik. tujuan penelitian dengan paradigma konstruktivisme adalah to explore (mengeksplorsi realitas sosial) terkait hak pilih anggota TNI dalam pemilu. Jenis penelitian ini adalah penelitian sosio legal dengan pendekatan sejarah, politik, psikologi dan yuridis. Hasil penelitian menunjukkan bahwa Panglima TNI menggunakan UU No. 34 Tahun 2004 sebagai dasar untuk melarang anggotanya untuk menggunakan hak pilihnya dalam pemilihan umum. Tidak digunakannya hak pilih bagi anggota TNI tidak melanggar Hak Asasi Manusia.]]>
<![CDATA[TNI dalam Demokrasi di Indonesia ]]>
<![CDATA[Helvis Helvis]]>
<![CDATA[ Jurnal Revolusi Indonesia Vol 2 No 3 (2022): Jurnal Revolusi Indonesia ]]>
Publisher : <![CDATA[Fenery Library ]]>
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DOI: 10.1235/jri.v2i3.244
<![CDATA[Demokrasi menjadi suatu proses pengambilan keputusan kolektif penuh melalui Pemilihan Umum (Pemilu) yang bebas, jujur dan adil, guna memilih kandidat-kandidat yang berhak untuk memangku jabatan politis. Penelitian ini bertujuan untuk mengetahui perkembangan demokrasi di Indonesia khususnya dalam menampung aspirasi suara anggota TNI. Metode yang digunakan dalam penelitian ini adalah metode deskriptif analitis. Teknik pengumpulan data yaitu dengan studi literature dan juga studi lapangan. Hasil penelitian menunjukkan bahwa digunakannya hak pilih bagi anggota Tentara Nasional Indonesia (TNI) juga menunjukkan adanya pelaksanaan demokrasi yang lebih sempurna di Indonesia, karena tidak ada perlakuan khusus bagi anggota Tentara Nasional Indonesia (TNI) sebagai warga negara serta terwadahinya seluruh aspirasi rakyat Indonesia yang memenuhi syarat tanpa terkecuali terhadap salah satu pilihan dalam suatu pemilihan umum.]]>
<![CDATA[Monopoly Legal Aspects of Violations in Determining Flight Transportation ]]>
<![CDATA[Markus sihombing]]>;
<![CDATA[Helvis Helvis]]>
<![CDATA[ Journal of Multidisciplinary Academic Vol 5, No 3 (2021): Science, Engineering and Social Science Series (New Update: With DOI index) ]]>
Publisher : <![CDATA[Penerbit Kemala Indonesia ]]>
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<![CDATA[This study aims to find out how the Regulation of competition law in determining of air fares in Indonesia using normative judicial research methods. From the result it can be concluded:1. Law of the Republic Indonesia Number 5 of 1999 concerning the prohibition of monopolistic practices and unfair business competition. It enough to keep the business climate become conducive and away from of unfair business competition which can harm other parties. Thus, the state has carried out its function and responsibilities in accommodating the interests of its citizens. Furthermore, specifically regarding the flight itself. The government has also made regulations through the Law of the Republic of Indonesia Number 1 of 2009 concerning aviation.2. One of the government’s steps so that the implementation of law and regulation is carried out properly, the business competition supervisory commission. This content is the cancellation of the lower and upper limit of airfare and cargo by the national air carrier’s association (INACA in 2001). The cancelation of this tariff fixing makes aircraft fares more competitive, which in the end leads to a balance between the interests of entrepreneurs and businesses public.]]>
<![CDATA[The Relation between Concerning Work Creation with Licensing Organization by Local Governments (Law Number 11 of 2020) ]]>
<![CDATA[Elmy Indrya Sukmawati]]>;
<![CDATA[Helvis Helvis]]>
<![CDATA[ Journal of Multidisciplinary Academic Vol 5, No 4 (2021): Science, Engineering and Social Science Series ]]>
Publisher : <![CDATA[Penerbit Kemala Indonesia ]]>
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<![CDATA[The condition of hyper regulation in Indonesia causes a lot of overlapping norms regulated in various laws and regulations. To overcome these problems, the idea to emerged this issue become several omnibus laws, including the Draft Law on Job Creation, which was promulgated as Law Number 11 of 2020 concerning Job Creation on November 2, 2020. Drafting of Law Number 11 of 2020 2020 concerning Job Creation with the omnibus law method raises several problems, including whether the use of the Omnibus Law technique in Law Number 11 of 2020 concerning Job Creation is in accordance with the technique of establishing laws and regulations as stipulated in Law Number 12 of 2011 concerning the Establishment Laws and regulations? Can the central government withdraw the authority of local governments in administering permits in the regions through Law Number 11 of 2020 concerning Job Creation The purpose of this study is to determine whether or not the use of the Omnibus Law technique in Law Number 11 of 2020 concerning Job Creation. It is contrary to the technique of establishing legislation in Law Number 12 of 2011 concerning the Establishment of Legislation. It also to find out whether or not the central government withdraws the authority of local governments in administering licensing in the regions through Law Number 11 of 2020 concerning Job Creation. The research method used in this study is normative juridical research, using a statutory approach and a conceptual approach. The conclusion of this study is that the omnibus law technique in the preparation of Law Number 11 of 2020 concerning Job Creation is contrary to the technique of drafting laws and regulations in Law Number 12 of 2011 concerning the Establishment of Legislation. Thus, in the future it is necessary to change the Act. -The law is to accommodate the method of law formation with the omnibus law method as a reference in the preparation of the draft law using the next omnibus method. The central government can withdraw the authority of local governments in administering permits that are sourced from the attribution authority in several laws, by making changes to the relevant laws that provide such authority.]]>
<![CDATA[Law Enforcement of Health Protocol In the Administration City of West Jakarta Region ]]>
<![CDATA[Apit Abdul Majid]]>;
<![CDATA[Helvis Helvis]]>
<![CDATA[ Journal of Multidisciplinary Academic Vol 5, No 2 (2021): Science, Engineering and Social Science Series ]]>
Publisher : <![CDATA[Penerbit Kemala Indonesia ]]>
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<![CDATA[This study aims to determine the law enforcement of health protocols and also to determine the factors of implementation influence on health protocol law enforcement in the administrative city of West Jakarta. The formulation in this study such as: How to obtain enforcement of health protocol laws in the administrative city area of West Jakarta. Here, the several factors that influence the efforts to enforce the health protocol law in the administrative city of West Jakarta using empirical data. Here, the data was collected by using field research and literature study as well as interviews from correspondent with qualitative data. The results show the implementation of health protocol law enforcement in the administrative city of West Jakarta has a reference, namely based on statutory regulations both central government regulations and regional head regulations with other regulations on decisions issued by each agency. Based on Governor Decree No. 1023, the implementation of health protocol law enforcement affairs is carried out by public police (PP) with cooperation Indonesian National Army (TNI) and Indonesian National Police (POLRI). While the factors that influence the implementation of health protocol law enforcement where the supporting factor is the implementation of Governor Regulation No. 79/2020 concerning Increasing Discipline and Law Enforcement of Health Protocols as Efforts to Prevent and Control COVID-19 in DKI Jakarta Province as a legal basis for implementing sanctions. progressive in the form of regulatory support. Meanwhile, the factor of constraint is the factor of law enforcement due to the insufficient number of Satpol PP personnel of the West Jakarta administration city. The conclusion of this study is that law enforcement of health protocols as an effort to prevent and control COVID-19 by the West Jakarta administration city government is carried out in accordance with the duties and functions of the administrative city, which is to assist the Governor in carrying out general government affairs in his area. Whereas the suggestion from this research is that in the future the DKI Jakarta Provincial government should make policies in efforts to prevent and control COVID-19 in the form of Regional Regulations as a stronger legal basis, in order to bring better changes and provide legal certainty for the community and law enforcers. And in the future, in implementing law enforcement, it is necessary to build partnerships with related agencies through integrated coordination and increase preventive efforts by involving many stakeholders.]]>
<![CDATA[The Role of Health Equipment Directorate Supervision and Household Health Supplies Over Legal Importing Protection ]]>
<![CDATA[Adhijasya Satrio]]>;
<![CDATA[Helvis Helvis]]>
<![CDATA[ Journal of Multidisciplinary Academic Vol 5, No 2 (2021): Science, Engineering and Social Science Series ]]>
Publisher : <![CDATA[Penerbit Kemala Indonesia ]]>
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<![CDATA[Fulfilling the need for medical devices in Indonesia does not come from domestic production. However, this device has purchased to another country (imports). The new era of globalization and free trade at ASEAN Economic Community has increased during the opportunity. Here, the development country needs to help for purchasing purpose of medical device products with the resulting of increasing number and types of imported medical devices circulating in Indonesia. Currently, the number of imported medical devices reaches 92% and the remaining 8% is domestic products (data from the health ministry's medical device info website). The importation of medical devices can only be carried out by business actors who already have a medical device distribution certificate / medical device distribution permit (permit to distribute medical devices) and medical device distribution permit (permit to distribute medical device products) issued by the Indonesian Ministry of Health. Thus, in this study aimed to analyse the process of importing medical devices if the business actor had exclusive rights of the product that has been registered with the Indonesian Ministry of Health or in this case, the owner of the distribution permit. The problem that often occurs is when the distribution permit owner is disadvantaged over the circulation of medical device products that should only be imported by the distribution permit owner, however in reality, the medical device products can be circulated by companies that are not exclusive rights holders. This research examines the legal protection carried out by the directorate of medical device supervision and medical supplies to the owner of a medical device distribution permit in dealing with imported medical devices not by the distribution permit owner.]]>
<![CDATA[Analisis Dampak Penerapan Kebijakan Pembatasan Sosial Berskala Besar Terhadap Tenaga Kerja Di Kabupaten Karawang ]]>
<![CDATA[Revi Revi]]>;
<![CDATA[Helvis Helvis]]>;
<![CDATA[Markoni Markoni]]>
<![CDATA[ Jurnal Syntax Transformation Vol 2 No 11 (2021): Jurnal Syntax Transformation ]]>
Publisher : <![CDATA[CV. Syntax Corporation Indonesia ]]>
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DOI: 10.46799/jst.v2i11.446
<![CDATA[The spread of the corona virus covid-19 (Covid-19) throughout the world which causes a high death toll has forced the government to take steps to prevent the spread of the COVID-19 virus more broadly, so that a Large-Scale Social Restriction (PSBB) policy was issued. broad impact for all groups, such as restrictions on business activities, as a result a number of companies experienced a decrease in production output and a decrease in income, but on the other hand expenses were increasing apart from operational costs as well as unexpected costs in the form of costs for implementing health protocols such as purchasing masks, hand soap and alcohol (hand sanitizer). So that the company faces the dilemma of having to fulfill its obligations to the workforce but on the other hand must maintain its business so as not to close, then a number of policies in the field of manpower are taken in the form of implementing wage cuts and layoffs. The Constitution protects the rights of workers as outlined in the Manpower Act. The research problem is whether companies affected by the implementation of the PSBB can cut wages and/or lay off their workers? And how is the legal protection? The qualitative research method, with the approach it uses is juridical normative, looking for problems raised from reading materials sourced from library studies. The result of the research is that the deduction of workers' wages because the company loses money due to the implementation of the PSBB is not based on law and causes industrial relations disputes, namely rights disputes. Regarding layoffs, there are humanitarian issues that must be prioritized according to a very clear order contained in Law no. 13 of 2003 concerning Manpower, which states that the government and employers with all efforts must as much as possible avoid the occurrence of layoffs. Suggestions are that companies and workers communicate in order to maintain harmonious working relations, and follow the steps determined by SE-907/MEN/PHIPPHI/X/2004 and the Constitutional Court's Decision No. 19/PUU-IX/2011 before doing layoffs. Also, the government and the company provide entrepreneurship training prior to layoffs]]>
<![CDATA[Analisis Gelar Perkara dalam Proses Penyidikan Tindak Pidana Di Kepolisian ]]>
<![CDATA[Fajar Sudariyanto]]>;
<![CDATA[Helvis Helvis]]>;
<![CDATA[Wasis Susetio]]>
<![CDATA[ Jurnal Syntax Transformation Vol 2 No 11 (2021): Jurnal Syntax Transformation ]]>
Publisher : <![CDATA[CV. Syntax Corporation Indonesia ]]>
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DOI: 10.46799/jst.v2i11.451
<![CDATA[This study describes the important role of the case title process in the settlement of criminal cases, especially in the police, to find out the case title process carried out by investigators in uncovering criminal cases to the process of stopping investigations and to find out the obstacles experienced by investigators in carrying out case titles. Then also to find out what are the legal consequences in the case of a legally flawed case, whether in the end it can be pre-trial. The research method used is a type of normative legal research conducted by reviewing library materials or secondary materials. Normative research aims at systematizing, correcting and clarifying the applicable legal rules in certain legal fields by conducting an analysis of authoritative texts that include primary and secondary legal materials as well as ensuring consistent and consistent law. The data source consists of primary data, namely the results of interviews and then analyzed. The primary legal material used is related to the investigation of criminal acts by the police, namely Law no. 8 of 1981 the Criminal Procedure Code, the Chief of Police Regulation, and the Criminal Procedure Code. The results of the study indicate that the case title is carried out to provide legal status for handling cases, so that the settlement process does not experience errors in decision making, which will affect the process of handling criminal cases. The inhibiting factors for the implementation of case titles are the time that is not possible if all criminal cases are carried out with a Case Title, the costs are quite high while the budget is inadequate, the number of investigators in the police is not sufficient, the author's suggestion is that the rules regarding the title of cases in the police are made in detail in the Criminal Procedure Code]]>
<![CDATA[Analisa Yuridis Eksekusi Sita Jaminan Terhadap Tindak Pidana Pencucian Uang (TPPU) First Travel ]]>
<![CDATA[Edward Fernando Siregar]]>;
<![CDATA[Helvis Helvis]]>;
<![CDATA[Markoni Markoni]]>
<![CDATA[ Jurnal Syntax Transformation Vol 2 No 11 (2021): Jurnal Syntax Transformation ]]>
Publisher : <![CDATA[CV. Syntax Corporation Indonesia ]]>
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DOI: 10.46799/jst.v2i11.454
<![CDATA[Law No. 8 of 2010 concerning the Prevention and Eradication of the Crime of Money Laundering (hereinafter referred to as the “AML Law”) does not specifically regulate assets (assets) resulting from money laundering. where victims must submit to court decisions that have permanent legal force. In the case of PT. First Karya Wisata (FIRST TRAVEL) as stated in Supreme Court Decision No: 3096K/PID.SUS/2018 Jo. 195/PID/2018/PT.BDG Jo. 83/PID.B/2018/PN.DPK), the background of the writing is because there were 63,310 prospective Umrah pilgrims who were not dispatched by the convicts as FIRST TRAVEL, with an Umrah package worth Rp. 14.300.000 and therefore the author intends to analyze the qualifications of the criminal acts of the convicts and the execution of the confiscation of the proceeds of the crime of money laundering offences. The author uses normative research methods. The data used is secondary data supported by primary data, secondary data obtained from library materials. The type of approach used is the law and case approach. Based on the results of research conducted by the author, it is known that criminal acts committed by the convicts can be qualified as criminal acts of fraud, embezzlement and money laundering. Where in the decision of the Supreme Court Number: 3096K/PID.SUS/2018 Jo. 195/PID/2018/PT.BDG Jo. 83/PID.B/2018/PN.DPK which has permanent legal force, assets are confiscated by the state, causing injustice to the victims of prospective Umrah pilgrims considering that the proceeds of the crime were obtained from the personal property of the victims so that in fact the state did not suffer losses, in In this case, the author argues that with the current progress of social media, victims can make petitions on social media so that there is a new way of returning assets from money laundering offences for victims]]>
<![CDATA[Analisis Yuridis Sistem Transaksi Asuransi E-Commerce Dalam Memberikan Perlindungan Hukum Terhadap Para Pemegang Polis ]]>
<![CDATA[Helvis]]>;
<![CDATA[Markoni]]>;
<![CDATA[Julywaty Tenteram]]>
<![CDATA[ Jurnal Syntax Transformation Vol 3 No 03 (2022): Jurnal Syntax Transformation ]]>
Publisher : <![CDATA[CV. Syntax Corporation Indonesia ]]>
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DOI: 10.46799/jst.v3i3.529
<![CDATA[Insurance from a legal and economic point of view is the main form of risk management used to avoid the possibility of an uncertain loss. Insurance promises protection to the insured against the risks faced by individuals and the risks faced by the company. This study aims to be able to provide data as accurate as possible regarding the object of research so that it is able to explore things that are ideal, then analyzed based on legal theory or applicable laws and regulations. This research method uses qualitative methods using data collection techniques and field research can provide data as accurately as possible about the object of research so that it is able to explore things that are ideal, then analyzed based on legal theory or applicable laws and regulations. Electronic Policy Power as Evidence. Evidence plays an important role in a judicial process. Proof is a way to convince the judge of the truth of the arguments or arguments put forward in a dispute. The juridical protection (E-Policy) for policyholders who conduct insurance transactions by E-Commerce is under the supervision and control of the Financial Services Authority or OJK in accordance with the Regulation of the Financial Services Authority of the Republic of Indonesia Number 21 of 2011 concerning the Financial Services Authority. duties, and authority to regulate and supervise activities in the financial services sector in an integrated, independent, and accountable manner.]]>
