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JURIDICAL STUDIES ON SUBSTANCE AND PROCEDURE OF THE DISMISSAL OF THE PRESIDENT AND/OR VICE-PRESIDENT AFTER THE REFORMATION Siti Rodhiyah Dwi Istinah
The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
Publisher : The 2nd Proceeding “Indonesia Clean of Corruption in 2020"

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Abstract

Reformation era was proclaimed by the amendment of the 1945 Constitution (UUD 1945) of the Republic of Indonesia which was done by MPR since 1999 until 2002. The changes obviously gives consequences in regards to the substance and procedure of accountability of the President and/or Vice-President which were distinctive from the previous one which can be explored in the formulation of the 1945 Constitution of the Republic of Indonesia. The selection of the governmental system of Presidential gave impact towards the characteristics of such system which banished the accountability of the President to the parliament (MPR). Although the state of the President was strong (fixed executive), the dismisal might probably happen during their tenure when the President and/or Vice-President violating the law. Key Words: the dismissal of the President and/or Vice-President, substance, procedure
Implementation Of Local Regulations For Village Development Tika Widyana Pratiwi; Siti Rodhiyah Dwi Istinah
Jurnal Hukum Khaira Ummah Vol 16, No 2 (2021): June 2021
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v16i2.19321

Abstract

This study aims to identify and analyze the implementation of regional regulations regarding village development policies and the factors and obstacles that affect village development. The approach method used in this research is a sociological juridical approach.The Regional Regulation on village development policies regulates Village Development. As mandated by Law Number 6 of 2014 concerning Villages and Government Regulation Number 43 concerning Guidelines for the Implementation of the Village Law, namely the realization of an advanced, independent, prosperous Village without losing its identity. In practice, sometimes what is being carried out is not in accordance with what is aspired so that in this study the author wants to know how to implement Regional Regulations regarding village development policies, what factors and obstacles affect village development in the region by using normative juridical research methods. As for the facts found that the implementation of regional regulations on village development policies has not been fully implemented. Resources are critical to effective policy implementation. In implementing the Regional Regulation on village development policies, there are still obstacles related to the availability of resources. Regional regulations regarding village development policies are actually directed at efforts to bring about change in society for the better. These changes will be successful if the community has the resources and attitudes that are conducive to policy.
Public Services At The Samsat Office Of Brebes District (Study of Motorized Vehicle Taxpayers) Simpati Nisa Wijaya; Siti Rodhiyah Dwi Istinah; Rakhmat Bowo Suharto
Jurnal Daulat Hukum Vol 3, No 1 (2020): March 2020
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v3i1.8689

Abstract

This study aims to determine the problems found in the Samsat Office regarding the maintenance of motor vehicle taxpayers.The method of approach used in this study uses the Sociological Juridical Approach Method, data using Descriptive specifications, data consisting of primary data and secondary data, analyzed with Quantitative, The data used are primary and secondary, primary data in the form of interviews, secondary data in the form of bibliography and laws. How to obtain data by interviewing and conducting research to SAMSAT Brebes Regency.Supporting factors and inhibiting factors Motor Vehicle Taxpayer Services have used the Online system that makes it easy for the public in the Extension of Motor Vehicle Taxpayer, Need to improve service excellence to the community regarding service obligation to pay vehicle tax and implement the SAMSAT program routinely, especially in places far from reach or in remote villages, this embodies the commitment to provide the best service for the communityKeywords : Public Services; Taxpayers; Motorized Vehicles.
Legal Protection For Workers/Medical Workers against Case of Diseases Due to Covid-19 Gresa Sekardatun; Siti Rodhiyah Dwi Istinah
Jurnal Daulat Hukum Vol 4, No 1 (2021): March 2021
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v4i1.14200

Abstract

The purpose of this research is to provide legal protection To find out and analyze all Medical Workers/Laborers affected by occupational diseases due to Corona Virus Disease 2019 (Covid-19) in Semarang City, they have obtained their rights in accordance with existing laws and regulations. The research method used is the sociological juridical approach method, descriptive analysis research specifications, the research data source uses primary data and secondary data, which includes primary legal materials, secondary legal materials and tertiary legal materials. Data analysis using qualitative analysis methods. The result is the government, through the Labor Inspectorate, needs to provide guidance and outreach to companies so that employers will understand and understand the benefits of Work Accident Security (JKK), which is very much needed during a pandemic like this, because medical workers/laborers are at the forefront of carrying out their duties to treat patients who have being exposed to COVID-19 must be protected by registering all medical workers/laborers in the BPJS Of Workers Work Accident Insurance (JKK).
The Giving Of Disciplinary Penalty of Civil Servants Based On Government Regulation Number 53 of 2010 in Governments of Demak Regency Muhammad Adib; Sri Kusriyah Kusriyah; Siti Rodhiyah Dwi Istinah
Jurnal Daulat Hukum Vol 2, No 4 (2019): December 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i4.8239

Abstract

Government Regulation No. 53 of 2010 regarding the discipline of the Civil Servant loading obligations, prohibitions, and disciplinary action which could be taken to the Civil Servant who has been convicted of the offense, is intended to foster a Civil Servant who has committed an offense, the form of disciplinary punishment is mild, moderate, and weight. Disciplinary punishment for the Civil Servant under Government Regulation No. 53 of 2010 Concerning the Discipline of Civil Servants. The formulation of this journal issue contains about how the process of disciplinary punishment, and constraints and efforts to overcome the impact of the Civil Servant disciplinary punishment in Government of Demak regency. The approach used in this study is a sociological juridical approach or juridical empirical, that is an approach that examines secondary data first and then proceed to conduct research in the field of primary data normative. The process of giving disciplinary sanctions for State Civil Apparatus in Government of Demak regency begins with the examination conducted by the immediate supervisor referred to in the legislation governing the authority of appointment, transfer and dismissal of civil servants. The results showed that in general the process of sanctioning / disciplinary punishment of civil servants in the Government of Demak be said to be good and there have been compliance with the existing regulations / applied in Government Regulation No. 53 of 2010, although it encountered the competent authorities judge still apply tolerance against the employee, but also a positive impact among their deterrent good not to repeat the same offense or one level higher than before either the Civil Servant concerned or the other. Obstacles in carrying out disciplinary punishment in Government of Demak regency environment is still low awareness of employees to do and be disciplined in performing the tasks for instance delays incoming work, lack of regulatory discipline, lack of supervision system and any violations of employee discipline. There must be constraints to overcome need for cooperation with other stakeholders comprising Inspectorate, BKPP, and the immediate superior civil servants in this way can be mutually reinforcing mutual communication, consultation, coordination so that if later there is a problem in the future could be accounted for.Keywords: Delivery of Disciplinary Sanctions; Civil Servant; Government Regulation No. 53 of 2010.
Protection Analysis Of Children Rights That Was Born From The Rape Causing (Study in State Court (PN) in Ex-Residency Cirebon Jurisdiction) Endang Kusnandar; Anis Mashdurohatun; Siti Rodhiyah Dwi Istinah
Jurnal Daulat Hukum Vol 3, No 1 (2020): March 2020
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v3i1.8395

Abstract

Criminal cases of rape very much creates difficulties in solving both at the stage of investigation, prosecution, or at the stage of the imposition of the verdict. The problems of this study are: forms of legal protection given to the rights of Children Which Born fom rape victims in Ex Residency Cirebon Jurisdiction and constraints in the implementation of the provision of legal protection against rape victims in Ex Residency Cirebon Jurisdiction and solutions.The method used by researchers is normative juridical law approach and specification in this study were included descriptive analysis. The source and type of data in this study are primary data obtained from field studies with interview members of the Police of Ciwaringin Cirebon, And secondary data obtained from the study of literature.Based on the results of research that as is the case in jurisdictions other areas, merely enacted regional regulation on Child Protection, but the regulation is not set up for a child born to mothers who were raped or pregnancy due to rape, as well as court decisions, no one has noticed the rape victims who become pregnant as a result of rape, either already known or unknown since the trial process after the imposition of the verdict (ponis), as well as the Agency duties and authorities are not up to provide protection to Children Which Born from rape, but the child of such status as well as victims. Obstacles such as the difficulty to obtain information from the victim because of the victim's mental condition of the child, still quite a lot of people who are reluctant to testify as a witness, investigators have no children, as well as the infrastructure is not yet complete. To overcome the obstacles faced by those already undertaken several measures, among others cooperate with relevant agencies to provide protection and assistance to child victims of rape, bring in psychologists to recover the child's mental disturbed for being a victim of rape cases, as well as trying to convince the witness that willing to give information and not to be afraid to provide testimony.Keywords : Rights Protection; Children; Rape.
The Role Of Health Department Of Blora Regency In The Implementation Of Bpjs Based On Act No. 40 Of 2004 On The National Social Security System To Improve Health Service To The Society Denny Kusuma; Widayati Widayati; Siti Rodhiyah Dwi Istinah
Jurnal Daulat Hukum Vol 2, No 4 (2019): December 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i4.8378

Abstract

The regional government through the Health Department became the backbone of the implementation of the national strategic program, including JKN-KIS program. In various legislations such a role that includes licensing, facilitator, as well as giving recommendations and the availability of health facilities and the organization of health services for the implementation of the Health Insurance program. This study aims to determine the Role of Health Department of Blora Regency in the Implementation of BPJS Based On Act No. 40 of 2004 on National Social Security System to improve health services to the society and the obstacles that arise and solutions. The method used is the juridical sociological, descriptive analytical research specifications. The data used are primary data and secondary data, so that the method of collecting data through field studies and literature. Data analysis method used is qualitative analysis. As the blade is used the analysis of role theory and the theory of legal certainty. The results showed that the Role of Health Department of Blora Regency in the Implementation of BPJS Based On Act No. 40 of 2004 on National Social Security System to improve service to the public is as regulators, implementers and donors. The obstacles that arise in the implementation of BPJS in Blora is the increased fees but then disconnected MA which no increasing fees, any health facilities which can not service BPJS members because still not accredited the solution is that facilities apply a new accreditation to KARS, the role of Health Department in the implementation of BPJS not maximum so the solution is make a new regulation for empowerment the role of Health Department as regulator.Keywords: Health Department; BPJS;  National Social Security System; Health Services.
Role of Police in Respecting Crimes on Prisoners Who Get Asimilation & Conditioned Delivery Due to Plague of Covid-19 Lilik Purwoko; Siti Rodhiyah Dwi Istinah
Jurnal Daulat Hukum Vol 3, No 4 (2020): December 2020
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v3i4.13599

Abstract

The purpose of this study was to determine and analyze the role of the Police in tackling crimes by convicts who received assimilation and parole due to the Covid-19 virus outbreak and the obstacles and solutions of the Police in overcoming crimes by inmates who received assimilation and parole due to the Covid-19 virus outbreak. Used in this research is an empirical juridical approach. This type of research is descriptive analytical, data collection methods used are primary data (interviews) and secondary data (literature review). The data analysis was done qualitatively. The results of the research found that the role of the Police in tackling crimes by inmates who received assimilation and parole due to the Covid-19 virus outbreak has an important role. Which was carried out by the Police in minimizing crimes committed by inmates who received assimilation due to the impact of Covid-19, namely preventive efforts to conduct patrols by forming a new eagle team, as well as repressive efforts to provide strict punishment to inmates who committed crimes again after assimilation. The obstacles faced by the Police in overcoming crimes by inmates who receive assimilation and parole due to the Covid-19 virus outbreak include, among others, that not all criminals are domiciled in the city of Semarang, the number of personnel is not proportional to the number of prisoners who receive assimilation and parole due to the virus outbreak. Covid-19, the National Police and the Police have never received a copy of the trial verdict from the court.
The Realization of People's Sovereignty Through Recall of People to Elected Legislative Members Lukman Nulhakim; Siti Rodhiyah Dwi Istinah
Jurnal Daulat Hukum Vol 4, No 2 (2021): June 2021
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v4i2.15745

Abstract

The purpose of this study is to analyze the recalling system of legislative members in Indonesia that does not reflect the value of Pancasila justice; as well as obstacles and solutions to the recalling of legislative members in Indonesia that fulfill a sense of justice and Pancasila values. The research method used is an empirical juridical approach. Research conclusions is the recalling system for legislative members in Indonesia has not reflected the value of Pancasila justice, especially the four principles of Pancasila, namely democracy led by wisdom/deliberation, and eliminating the election system based on Open Proportionality, where constituents do not choose parties but elect candidates. Obstacles in recalling legislative members in Indonesia restrain legislative members from voicing their opinions and their efforts to fulfill the demands of their constituents and their nation, and make legislators no longer become representatives of the people but merely party officials. Recalling members of the legislature should be returned to the sovereignty of the people through the General Election Commission which determines and determines the elected legislative member, whether an elected legislative member can be recalled by his party or not, and as a form of people's sovereignty, regulations should be made regarding terms, conditions and procedures of people from the electoral area of elected legislative members to be able to recall the legislative members who are representing them to the General Election Commission, and if there is a dispute between the people recalling the recalled members or their political parties, the dispute can be carried out through the Constitutional Court or Supreme Court.
The Implementation of Child Violence Law which Caused the Fatal Death Teguh Ariawan; Siti Rodhiyah Dwi Istinah; Denny Suwondo
Law Development Journal Vol 4, No 1 (2022): March 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.1.154-161

Abstract

The purpose of this study is to determine and analyze the application of the law on child abuse that causes death with child perpetrators. The approach method used in this research is sociological juridical, emphasizing research that aims to obtain legal knowledge empirically by going directly to the object. Violence committed by minors resulting in the loss of a person's life must be enforced by law in accordance with its handling. The disappearance of life for the purpose of a crime, whether intentional or unintentional, cannot be justified by law. Law enforcement is a form of effort in creating justice for perpetrators and victims. The results of the study did not find anything that could eliminate criminal liability, either as a justification or excuse for forgiveness, so the child must be held accountable for his actions by being sentenced to imprisonment for 3 (three) years and 6 (six) months at the Child Special Guidance Institution (LPKA). Class I Kutoarjo.