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Dampak Globalisasi terhadap Hukum Tata Negara di Indonesia Mardiyati, Siti
Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda Vol. 31 No. 1 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/disiplin.v31i1.1155

Abstract

Various aspects of human life have been affected by globalization, including Indonesian constitutional law. This phenomenon has led to increased interactions between countries, technological developments, and the entry of various international legal norms and principles that affect the national legal system. This study aims to analyze the impact of globalization on constitutional law in Indonesia, particularly in the aspects of state sovereignty, democracy, human rights, and government systems. Using normative research methods, this study shows that globalization has positive impacts, such as increased transparency, accountability, and harmonization of national laws with international standards. However, globalization also brings challenges, including the potential weakening of state sovereignty due to the influence of international organizations and global interests. Therefore, an appropriate strategy is needed in responding to globalization so that constitutional law remains adaptive without losing its national characteristics.
Implementasi dan Penegakan Hukum Tata Negara dalam Konteks Globalisasi Mardiyati, Siti
Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda Vol. 30 No. 3 (2024)
Publisher : Sekolah Tinggi Ilmu Hukum sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/disiplin.v30i3.1171

Abstract

Globalization has brought significant changes to various aspects of life, including in the field of constitutional law. The implementation and enforcement of constitutional law in the context of globalization, focusing on how global dynamics influence national legal structures and their enforcement mechanisms. Globalization, characterized by the openness of information, the movement of capital, and the flow of international labor, demands that countries adjust their constitutional legal systems to meet new challenges, such as human rights, democratization, and free trade. On one hand, globalization encourages the harmonization of laws at the international level, while on the other hand, it amplifies the risks of violations of state sovereignty and disparities in the application of laws. This research reveals that the implementation of constitutional law often faces challenges in maintaining a balance between national interests and global demands. This requires strengthening the role of domestic legal institutions, as well as collaboration with international actors and civil society. In the era of globalization, civil society and international organizations also play a crucial role in overseeing and promoting transparency and accountability in the process of upholding constitutional law. To maintain the effectiveness of constitutional law enforcement, dynamic policy adaptation, active participation from various stakeholders, and the use of technology to strengthen the integrity of the legal system are necessary.
Hak Untuk Melakukan Perdamaian di Perairan Laut Indonesia Dilihat Dari Hukum Internasional Mardiyati, Siti
Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda Vol. 30 No. 2 (2024)
Publisher : Sekolah Tinggi Ilmu Hukum sumpah Pemuda

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Abstract

Each State has the right to navigate in its own territorial waters, in the open sea, and in the territorial water of another State. Requirements for the implementation of the right of peaceful navigation in Indonesian waters based on the domestic laws of Indonesia. However, the sovereignty of the coastal State remains bound by the provisions of the Convention itself and other international law.
Tinjauan Yuridis Pelanggaran Hukum Yang Dilakukan Oleh Warga Negara Asing Yang Berada Di Wilayah NKRI Mardiyati, Siti
Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda Vol. 30 No. 1 (2024)
Publisher : Sekolah Tinggi Ilmu Hukum sumpah Pemuda

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Abstract

Refugees leave their places of origin for a variety of reasons, mainly because of things that could endanger their lives during their stay, such as war or persecution. Nor do they get protection from their own country, and their own government often threatens to persecute them. This research uses normative juridic methods. The forms of violations committed by foreign nationals as refugees in the RI Territory include illegal entry into the territory of Indonesia, fighting, rape, and destruction of refugee facilities. Then the cause of the violations of the law committed by foreign nationals as refugees in the RI Territory is the difference of national rules, culture, customs and customs in Indonesia and in the country of origin. Another reason why refugees and asylum-seekers roam to commit violations is the lack of immigration detention facilities in Indonesia. The Indonesian government has established special rules on the conduct of refugees and asylum-seekers in its territory, so as not to disregard the behaviour of the refugee and asylees.
Dasar Hukum dan Pertimbangan Praktis Penyidik dalam Penerapan Diskresi Kepolisian terhadap Pelanggaran Lalu Lintas Mardiyati, Siti; Hariyadi, Wicaksono Putra
Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda Vol. 29 No. 4 (2023)
Publisher : Sekolah Tinggi Ilmu Hukum sumpah Pemuda

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Abstract

Investigators exercise discretion to help resolve a traffic violation case where the suspect did so because of negligence that caused injury to others. Weird problems arise as a result of this discretionary act. On the one hand, this discretionary act involves the application of criminal law carried out in accordance with its own policies to make rigid laws effective. All parties have an opportunity to know their position as a legal consequence of the choice of investigators in a traffic crime case. The party committing the violation will compensate the victim for material damage and medical costs. The increased knowledge of discretion by an investigator that is not based on the rule of law means that it is against the law.
Perlindungan Hak Asasi Lingkungan dalam Sistem Hukum Tata Negara Indonesia Mardiyati, Siti
Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda Vol. 31 No. 2 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/disiplin.v31i2.1393

Abstract

The right to a healthy environment is part of human rights that must be guaranteed by the state. In the Indonesian constitutional law system, the protection of environmental human rights has been accommodated in various legal instruments, including the constitution and laws and regulations. This article aims to analyze how the protection of environmental human rights in Indonesia's constitutional law system, by reviewing the legal basis, policy implementation, and challenges in its enforcement. Using a normative method and a statutory approach, this study finds that despite strong regulations, there are still challenges in the implementation and enforcement of laws related to the protection of environmental human rights.
Jaminan Hak Pekerja Yang Terkena Pemutusan Hubungan Kerja Dalam Perjanjian Kerja Waktu Tertentu Siti Mardiyati
Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda Vol. 29 No. 1 (2023)
Publisher : Sekolah Tinggi Ilmu Hukum sumpah Pemuda

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Abstract

Workers know or understand their rights and obligations, but because of the scarcity of work, they persist and do not dare to sue even though their rights have been violated by the employer. One form of violation is the issue of Termination of Employment, hereinafter referred to as Termination of Employment. However, when viewed from the perspective of workers, the application of a certain time work agreement system is very unfavorable or tends to be detrimental to workers. What are the factors of termination of employment in a work agreement for a certain time. how is the legal guarantee of the rights of workers who are affected by termination of employment in a work agreement for a certain time. Factors in the occurrence of termination of employment in a work agreement for a certain time. Guarantees for the rights of workers who are subject to termination in a work agreement for a certain time, which includes. the guidance and supervision carried out by technical institutions/institutions in a consistent and continuous manner towards the implementation of the provisions of the applicable laws and regulations in the field of manpower. Socialization must be carried out to workers, especially so that they are aware of their rights as workers as regulated by law.
Konstitusionalitas Perlindungan Data Pribadi sebagai Bagian dari Hak atas Rasa Aman Mardiyati, Siti
Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda Vol. 31 No. 3 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/disiplin.v31i3.1509

Abstract

Personal data protection in the digital age is not merely a technical issue, but a constitutional right rooted in the guarantee of security in the 1945 Constitution, particularly Articles 28G, 28D, and 28I. This study uses a normative juridical approach to examine the position of the right to personal data within the constitutional framework. The results of the study confirm that data misuse or leakage is not only technically detrimental, but also violates human rights and neglects the obligations of the state. From a humanistic perspective, this protection determines the level of public trust when engaging in activities in the digital space. Therefore, the existence of the 2022 Personal Data Protection Law must be followed by consistent law enforcement, the establishment of an independent authority, and increased digital literacy. Thus, the constitutionality of personal data protection strengthens the state's role in maintaining the dignity of citizens while creating a sense of security in everyday life.