Garuda - Garba Rujukan Digital

Pelatihan Pembuktian Perselisihan Hasil Pemilu Di Kota Bengkulu Amancik Amancik; Putra Perdana Ahmad Saifulloh; Beni Kurnia Illahi; Sonia Ivana Barus
Jurnal Pengabdian kepada Masyarakat UBJ Vol. 4 No. 1 (2021): Januari 2021
Publisher : Lembaga Penelitian Pengabdian kepada Masyarakat dan Publikasi Universitas Bhayangkara Jakarta Raya

The Constitutional Court has the authority to protect the constitutional rights of citizens and provide interpretations of the constitution, ideally in an election which is a political contestation that is built up by many things in its implementation. The Constitutional Court's function is to keep the Election in line with Election Principles which are regulated by Positive Law. Based on the above assumptions, it is worth discussing whether the process of proving PHPU in the Constitutional Court has been able to guarantee the implementation of an overly judicial election, or simply whether the proof of PHPU is ideal. This activity is about providing understanding to Participants of Evidence and Evidence Tool on Election Result Disputes; Providing understanding to Participants regarding updated matters regarding the Legal Evidence of Election Result Dispute; and especially for Lecturers as a means of Community Service which is part of the Tri Dharma of Higher Education. Keywords: Evidence, Evidence Tool, Election Result Disputes Abstrak Mahkamah Konstitusi memiliki kewenangan untuk melindungi hak konstitusional warga negara dan memberikan interpretasi terhadap konstitusi, idealnya dalam Pemilu yang merupakan kontestasi politik dipengaruhi oleh banyak hal dalam pelaksanaanya. MK berfungsi untuk menjaga agar Pemilu sejalan dengan Asas Luber dan Jurdil sebagaimana yang diatur Hukum Positif. Berdasar pada anggapan di atas, maka patutlah didiskusikan, apakah proses pembuktian PHPU di MK telah mampu menjamin terlaksanya Pemilu yang Luber Jurdil, atau sederhananya apakah Pembuktian PHPU tersebut telah ideal. Kegiatan ini dimaksudkan untuk memberikan pemahaman kepada Peserta tentang Pembuktian dan Alat Bukti Perselisihan Hasil Pemilu; Memberi pemahaman kepada Peserta tentang hal-hal update tentang Pembuktian Hukum Acara PHPU; dan khusus Dosen sebagai sarana Pengabdian Kepada Masyarakat yang merupakan bagian dari Tri Dharma Perguruan Tinggi. Kata kunci: Pembuktian, Alat Bukti, Perselisihan Hasil Pemilu

Legal Protection of the Parking Attendants for the Issuance of the Assignment Letter from the Transportation Department of Communication and Informatics Related to Employment Rights and Obligations in Bengkulu City Ekke Widoto Khahar; Amancik Amancik; Amirizal Amirizal
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 12, No 1 (2022): April 2022
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/j_bengkoelenjust.v12i1.21329

Assignment Letter (SPT) is issued to the parking attendants after they meet the requirements set by Dishubkominfo (the Transportation Department of Communication and Informatics). The SPT contains only the duties and obligations of a parking attendant ordered by Dishubkominfo. The position of Dishubkominfo is higher, which is as the task provider for the parking attendant. Although these parking attendants play a role in Bengkulu City, they do not get protection. This could be seen in the SPT between Dishubkominfo and the parking attendants, which does not regulate protection for parking attendants at all. Thus, there is no legal certainty or protection for the parking attendants. The problems in this research were: What was the legal aspect of the position of the assignment letter from the Transportation Department of Communication and Informatics to the parking attendants in labor law in Bengkulu City? And what was the form of legal protection for parking attendants in the assignment letter from the Transportation Department of Communication and Informatics of Bengkulu City? The type of research used in this research was empirical juridical research. The results of this research were: Parking management in terms of collecting parking fees on the side of public roads in Bengkulu City was legally the duty and authority of Dishubkominfo. In its implementation, to collect parking fees, Dishubkominfo of Bengkulu City assigned the parking attendants based on the assignment letter (SPT). Legally, both parties have an employer and worker relationship as regulated in the Labour Laws where both parties have their respective rights and responsibilities. Thus, both parties also apply the provisions relating to Employment as regulated in the Labour Laws even though this is not regulated in the assignment letter (SPT) issued by Dishubkominfo of Bengkulu City. Legal protection of the parking attendants' rights relating to working hours, rest periods, occupational safety and health, wages, and social security has not been obtained by the parking attendants as it should have been determined by the Labour Laws and the Law on Social Security.

Evaluation Of The Local Regulations Draft Of Bengkulu Selatan Regency Concerning Local Taxes And Local Retributions By The Governor Hendri Donan; Amancik Amancik; Ardilafiza Ardilafiza
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 12, No 1 (2022): April 2022
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/j_bengkoelenjust.v12i1.21326

Evaluation is the study and the assessment on the local regulation draft regulated in accordance with the law in the field of local government and other statutory regulations to find out if there are things that are contrary to the public interest, and/or higher legislation and/or decency. The evaluation on the local regulation draft in the regency/city area regarding local taxes and Local Retribution by the governor as a representative of the central government is a form of authority de-concentration delegated by the central government to the governor. The evaluation process is carried out before the relevant legal norms are binding on the general public. The central government gradually evaluates, tests, and even rejects the local regulation draft. Regarding the implementation of the evaluation, in practice it still creates complexities of obstacles in the evaluation of local regulation draft which actually has an impact on legal certainty, especially the legal interests of the district/city government. The problems of this research were how to evaluate the implementation of the Local Regulation Draft concerning Local Taxes and Local Retribution by the Governor and the obstacles in the implementation of the evaluation of the Local Regulation Draft concerning Local Taxes and Local Retribution by the Governor. The approach method used in this research was the normative legal method (juridical normative), while the analysis used was qualitative analysis. The data sources used were primary legal materials obtained through laws and regulations, and secondary legal materials sourced from various official documents. The results of the study indicate that the implementation of the evaluation of the local regulation draft in the regency/city area regarding local taxes and local retribution by the Governor seen from the role and authority of the institution has been in accordance with the legislation, but when viewed from the side of the procedures and time regulated in its implementation it has not been effective and does it not provide legal certainty. Obstacles in evaluating the local regulation draft in the regency/city area are the ineffectiveness of tiered supervision and the inaccuracy of time as stipulated in the legislation.

IMPLEMENTATION OF APPOINTMENT AND DISMISSAL OF OFFICERS IN DEPARTMENT OF POPULATION AND CIVIL REGISTRATION AT MUSI RAWAS UTARA REGENCY BASED ON THE MINISTER OF HOME AFFAIRS OF THE REPUBLIC OF INDONESIA REGULATION NUMBER 76 OF 2015 Dwi Rahma Okta Wulandari; Amirizal Amirizal; Amancik Amancik
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 2 (2021): November 2021
Publisher : Universitas Bengkulu

This study was aimed to analyze the mechanism for the appointment and the dismissal of officers in the Department of Population and Civil Registration at Muratara Regency based on Permendagri Number 76 of 2015, and the legality of the appointment and the dismissal of officers in the Department of Population and Civil Registration carried out by the Regent of Muratara Regency.The type of this research was normative that supported by interviews, using a statutory approach and research material sources of primary and secondary data which were collected through literature and field studies.The results of this study indicate that the mechanism for the appointment and the dismissal of officers in the Department of Population and Civil Registration at Muratara Regency is based on Permendagri Number 76 of 2015. The appointment and the dismissal of the Head of Department of Population and Civil Registration as a Primary High Officer Position in regency are under the authority of the Minister of Home Affairs, not the Regent. The regent is only authorized to make proposals for appointment (and dismissal) through the Governor and includes proposals for three names of candidates for appointment, then one of them be elected by the Minister, stipulated by a Ministerial Decree, and inaugurated. The appointment and the dismissal of officers in Disdukcapil carried out by the Regent of Muratara Regency is illegal, considering that the dismissal of the head of Disdukcapil Department (Kadisdukcapil) and his new appointment in 2016 was carried out by the Regent, not by the Minister. Besides, there are no reasons and considerations (including the proposal for the appointment of an official candidate) for the dismissal of the previous Kadisdukcapil as stipulated in Permendagri Number 76 of 2015.

THE IMPLEMENTATION OF CHILDRENADOPTION LICENSING IN THE BENGKULU PROVINCE BASED ON GOVERNMENT REGULATION NUMBER 54 OF 2007 CONCERNING THE IMPLEMENTATION OF CHILDREN ADOPTION Willy Purnama Hidayanti; Edra Satmaidi; Amancik Amancik
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 1 (2021): April 2021
Publisher : Universitas Bengkulu

The State and the Government are obliged and responsible for the orderliness of children adoption practices, both in terms of administration and legal certainty. Therefore several policies were issued through legislation and jurisprudence that regulates and handles the issue of children adoption. The implementation of children adoption must be based on Government Regulation of the Republic of Indonesia Number 54 of 2007 concerning Children Adoption. This study aims to get an overview and explanation of the Implementation of Licensing for ChildrenAdoption in Bengkulu Province Based on Government Regulation 54 of 2007 concerning the Implementation of Children Adoption. The children adoption process requires regulations that are in accordance with the Laws and Government Regulations and needs control of how they are implemented in the field. In addition to the Social Department of Bengkulu Province as the technical executor of adoption activities, it is necessary to establish a Regional Consultation Team for Children Adoption (known as PIPA in Indonesian abbreviation), to avoid irregularities in the process of implementation of children adoption, such as the adoption of children carried out without proper procedures, falsification of data and the existence of child trafficking, so the goal of adopting a child for the best interests of the child is not achieved. In analyzing the data in this thesis, the researcher applied a qualitative juridical analysis approach that describes the picture of the data obtained by researcher in the field and connects with each other to get a general conclusion. From the results of the qualitative juridical analysis, it can be seen and obtained inductive conclusions, namely the way of thinking in taking conclusions in general was based on facts that are specific. Data collection methods in this study were done through in-depth interview techniques, observation and documentation.The informants in this study were determined by selecting informants who comprehended and were directly involved in the implementation of child adoption programs. The informants consisted of the Head of Social Rehabilitation Division at the Social Department of Bengkulu Province, Head of Children and Elderly Social Rehabilitation Section at the Social Department of Bengkulu Province, Head of ChildrenProtection Section of the Women Empowerment Department and Children Protection in Bengkulu Province, Children Social Workers and Parents or Prospective Adoptive Parents who follow procedural for children adoption in accordance with applicable regulations. Data processing and analysis were conducted through data reduction, data presentation and conclusion drawing.

OVERLAPPING BETWEEN PROVINCIAL REGIONAL REGULATIONS WITH REGENCY/MUNICIPAL LOCAL REGULATIONS ON THE REGULATED MATERIAL VIEWED FROM THE LAW NUMBER 12 OF 2011 REGARDING ESTABLISHMENT OF LEGISLATION Iip Septian; Amancik Amancik; Patricia Ekowati Suryaningsih
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 9, No 2 (2019): November 2019
Publisher : Universitas Bengkulu

The occurrence of overlapping between provincial regional regulations and regency/municipal regulations on the same material may create legal problems, because if they are not properly regulated, then authority in the implementation and enforcement of overlapping regional regulations becomes biased, this condition resulted in the failure to fulfill the justice and legal certainty aspects, as well as the benefit aspect, because there are dual regulatory arrangements, which are the regency/municipality regulations and the provincial regulations, in which hierarchically the two regional regulatory instruments are unequal, where the provincial regulation has a higher position than regency/municipal regulations. The similarity of content material between provincial and regency/municipal regulations as referred to in the provisions of Article 14 of Law Number 12 Year 2011 concerning the Establishment of Legislation makes it possible to regulate the same material between provincial and regency/municipal regulations. In the context of provincial and regency/municipal regulations governing the same material, then orders, restrictions, permits and licenses must be clear and resolute, where the regency/municipal regulations cannot contain different orders, prohibitions, licenses and permits which has been formulated in the provisions of the provincial regulation, or in other words, the norm formulation in regency/municipal regulations shall not be contradictory to the norms regulated in provincial regulations. Essentially, regency/municipal regulations can only regulate matters that have not been regulated in the above legislation.

THE AUTHORITY OF THE SUB-DISTRICT HEAD IN EVALUATING DRAFT REGULATION OF THE VILLAGE REGARDING VILLAGE BUDGET IN CENTRAL BENGKULU BASED ON THE REGENT’S REGULATION OF CENTRAL BENGKULU NUMBER 34 OF 2018 REGARDING THE AUTHORITY DELEGATION OF THE REGENT TO THE SUB-DISTRICT HEAD IN EVALUATING DRAFT REGULATION OF THE VILLAGE REGARDING VILLAGE BUDGET AND DRAFT REGULATION OF THE VILLAGE ABOUT VILLAGE BUDGET AMENDMENT Neny Zarniawati; Elektison Somi; Amancik Amancik
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 10, No 2 (2020): November 2020
Publisher : Universitas Bengkulu

The researcher will discuss the Sub-Districts Head authority in evaluating Draft Regulation of the Village regarding Village Budget (APBDes) in Central Bengkulu Regency based on the Regent’s Regulation of Central Bengkulu Number 34 of 2018 regarding the Authority Delegation of the Regent to the Sub-District Head in evaluating Draft Regulation of the Village regarding Village Budget and Draft Regulation of the Village about Village Budget Amendment (p-APBDes). The purpose of this research was to find out and to analyze the authority of the Sub-District Head in terms of evaluating the Draft Regulation of the Village regarding APBDes in Central Bengkulu Regency based on the Regent’s Regulation of Central Bengkulu Number 34 of 2018 regarding the Authority Delegation of the Regent to the SubDistrict Head in evaluating Draft Regulation of the Village Regarding APBDes and Draft Regulation of the Village about p-APBDes. This research was normative legal research. Data sources used were primary and secondary data sources. In collecting the data, the researcher used the methods of library studies and field studies. After the research was conducted, it canbe concluded that the authority of the Sub-District Head in evaluating the Draft Regulation of the Village regarding APBDes and P-APBDes in Central Bengkulu Regency was carried out based on the regulation mandate that stipulated in Law No. 6 of 2014 about Village, Law No. 23 of 2014 about Local Government, Government Regulations No. 43 of 2014 about Regulations for Implementing Village Laws, Government Regulations No. 17 of 2018 about sub-districts, Regulation of Minister of Home Affairs No. 20 of 2018 about Village FinancialManagement and Regent’s Regulation of Central Bengkulu number 34 of 2018 regarding the Authority Delegation of the Regent to the Sub-District Head in evaluating Draft Regulation of the Village Regarding APBDes and Draft Regulation of the Village about p-APBDes.

STRENGTHENING THE POSITION OF ATTORNEY IN THE 1945 CONSTITUTION OF THE REPUBLIC OF INDONESIA Muhammad Juriko Wibisono; Amancik Amancik; Ardilafiza Ardilafiza
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 1 (2021): April 2021
Publisher : Universitas Bengkulu

The arrangement of the Attorney institution of the Republic of Indonesia in the 1945 Constitution is less clear and less detailed about its position as well as its authority in law enforcement. Departing from the description of the weakness of the Attorney of the Republic of Indonesia’s position above, it is necessary to place the Attorney of the Republic of Indonesia proportionally in order to be autonomous and independent in the perspective of the rule of law theory and the power sharing theory. Based on the results of the study, it can be concluded that the position of Attorney in the 1945 Constitution which was attached in the executive domain had caused a lot of debate. The debate was focused on whether it was a right choice to practically put the Attorney as a law enforcement institution in Executive domain where it should had been legally put in judiciary domain. Furthermore, strengthening the position of Attorney in the 1945 Constitution can be done though the fifth amendment of the 1945 Constitution, therefore the adjustment of the Attorney position must be explicitly stated in the institutions within the environment of judicial power accompanied by its authority.

KEWENANGAN PENGADILAN AGAMA DALAM PENGANGKATAN MEDIATOR NON HAKIM BERDASARKAN PERMA NOMOR 1 TAHUN 2016 Qurratul A'yuni; Akhmad Muslih; Amancik Amancik
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 10, No 2 (2020): November 2020
Publisher : Universitas Bengkulu

Adapun tujuan penelitian ini: (1) Untuk mengetahui dan menganalisis kewenangan pengadilan agama dalam pengangkatan mediator non hakim berdasarkan PERMA Nomor 1 Tahun 2016 Tentang Prosedur Mediasi di Pengadilan. (2). Untuk mengetahui dan menganalisis hambatan pengangkatan mediator non hakim terhadap penyelesaian perkara pada pengadilan agama. Pada metode penelitian tesis ini, jenis penelitian ini termasuk dalam kategori penelitian hukum yang bersifat yuridis normatif. Pada ada penelitian ini ada empat pendekatan yang digunakan yaitu; Pendekatan peraturan perundang-undangan (statute approach), Pendekatan Kasus (case approach), dan Pendekatan Konseptual (conceptual approach), serta Pendekatan Perbandingan (comparative approach). Hasil penelitian bahwa: (1). Kewenangan Pengadilan Agama dalam pengangkatan mediator non hakim pada Berdasarkan Peraturan Mahkamah Agung Nomor 1 Tahun 2016 Tentang Prosedur Mediasi Di Pengadilan, pada dasarnya yang menjadi mediator adalah orang yang bukan hakim yangtelah mendapat dan memperoleh sertifikat mediator dari lembaga yang sudah terakreditasi oleh MA, akan tetapi PERMA Nomor 01 Tahun 2008 memberikan kelonggaran apabila disuatu lingkungan peradilan tidak terdapat mediator bersertifikat maka yang menjadi mediator adalah hakim yang berada dalam lingkungan peradilan tersebut. Prinsip utama untuk pengangkatan mediator adalah harus memenuhi persyaratan kemampuan personal dan persyaratan yang berhubungan dengan masalah sengketa para pihak. Jika persyaratan ini telahdi penuhi baru mediator dapat menjalankan mediasi. (2). Hambatan pengangkatan mediator terhadap penyelesaian perkara Pengadilan Agama, ada dua yakni; pertama, akan berhasil jika terpenuhi empat hal mengenai keberhasilan mediasi yaitu; para pihak, mediator, keluarga,advokat (jika memakai advokat). Kedua, bisa gagal jika para pihak sudah tidak ingin berdamai dan rukun kembali. Karena para pihaklah yang mengambil keputusan, berdamai atau tidak. Sebagai pihak yang netral mediator memiliki peran penting dalam proses mediasi.yang membantu para pihak dalam proses perundingan guna mencari berbagai kemungkinan penyelesaian sengketa tanpa menggunakan cara memutus atau memaksakan sebuah penyelesaian.

THE LAW PROTECTION ON STATE CIVIL APPARATUS WITH STATUS OF GOVERNMENT EMPLOYEES WITH EMPLOYMENT AGREEMENT BASED ON STATE CIVIL APPARATUS LAW Robert Julian Saragih; Amancik Amancik; Iskandar Iskandar
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 12 No. 2 (2022)
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v12i2.25160

The issuance of Law Number 5 of 2014 concerning state civil apparatus (Further will be referred as ASN) provides a new paradigm in the world of employment in Indonesia with the presence of the term Government Employee with a Work Agreement (Further will be referred as PPPK). However, the legal relationship of PPPK is unique because there is a point of contact between public law and private law so that legal protection for PPPK is still very weak. This study discussed how the law position of the PPPK and the law effort that can be taken by the PPPK in the event of a Termination of Employment Contracts (Further will be referred as PHPK). The research method used was normative juridical law research by using a statutory approach and analyzing various statutory regulations that cover it. The results of this study indicated that the law position of PPPK as ASN is felt to be very weak and in the case of PHPK normatively, it also does not provide law certainty for PPPK. In this case, the government and the House of Representatives (Further will be referred as DPR) should make changes or revoke the ASN Law to abolish the regulatory provisions regarding PPPK and also to provide clarity regarding the provisions of the civil service court in the event of PHPK for PPPK. In this case the ASN Law must also be followed by fundamental changes in the provisions of the State Administrative Court and the on Government Administration Law.

Title

Found 15 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 15 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 15 Documents
Search