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HAK DISABILITAS DALAM AKSESIBILITAS RUANG PUBLIK DI KOTA SURABAYA Amelia Puspita Sari; Hari Soeskandi
COURT REVIEW Vol 2 No 03 (2022): ILMU HUKUM
Publisher : COMMUNITY OF RESEARCH LABORATORY SURABAYA

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Tujuan penetitian ini adalah untuk menemukan kepastian hukum terkait dengan belum terjamin sepenunya mengenai hak hak disabilitas di kota Surabaya. Dengan menggunakan metode penelitian normatif yang mana dengan menelaah kembali peraturan peraturan mengenai hak aksesibilitas bagi disabilitas di kota Surabaya. Melalui konsep yang peneliti buat, peneliti ingin menjabarkan dan menggamarkan makna kepastian hukum terhadap hak aksesibilitas bagi disabilitas, yang mana mengacu peran pemerintah kota Surabaya serta ketiadaan sanksi bagi pemerintah selaku pelaksana sekaligus penyelenggara pengadaan hak untuk kaum disabilitas. Permasalahan mengenai hak kemudahan bagi disabilitas terletak pada pelaksaanaan hak aksesibilitas bagi disabilitas di kota Surabaya yang tidak merata, yang mana pembangunan aksesibilitas bagi disabilitas hanya terdapat pada tempat tempat tertentu seperti ; Museum Pendidikan, Masjid Al-Akbar, Trotoar Gubeng Kertajaya, Gedung Pemerintah Kota, dan Taman Bicara. Yang mana dapat di ketahui bahwa disabilitas di kota Surabaya tidak hanya terletak di pusat kota namun di seluruh wilayah kota Surabaya termasuk wilayah wilayah pinggiran.

KEWENANGAN JAKSA PENUNTUT UMUM DALAM UPAYA HUKUM PENINJAUAN KEMBALI Fitria Indah Damayanti; Hari Soeskandi
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 2 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i2.35

A review by the prosecutor in a criminal case is a paradox that occurs in the criminal law system, where the legal practice is contrary to the values and legal norms as regulated in the Criminal Procedure Code. However, in practice, judicial review is often carried out by prosecutors on the grounds that there is court jurisprudence that decides the case, as a result the law does not reflect justice and certainty and even tends to conflict with the legal interests of the convict and his heirs. The research method uses a normative juridical method with an emphasis on literature study. analysis is carried out on legal norms, both the law in statutory regulations and the law in court decisions). The conclusions drawn are that the submission for judicial review is solely for the benefit of the convict and his heirs, the law and the constitution do not authorize the prosecutor to conduct a review, that the review carried out by the prosecutor is not a legal discovery but only an interpretation of the law, the submission of a judicial review by the prosecutor is a form of court error which indicates that there is a logical fallacy in the practice of criminal law in Indonesia. Suggestions for developing the theme of this paper is that the Supreme Court should issue a circular containing prohibitions and restrictions for prosecutors to apply for a review or conduct a judicial review and annulment of cases that are submitted for review by the prosecutor

PERAN KOMANDO OPERASI KHUSUS (KOOPSUS) TNI DALAM PEMBERANTASAN TINDAK PIDANA TERORISME Ramadhan Aji Pamungkas; Hari Soeskandi
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 2 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i2.36

There is no further regulation regarding the role played by Special Operations Command Of The Indonesian National Armed Forces in eradicating the Crime of Terrorism through Military Operations Other Than War as stated in the TNI Law Article 7 paragraph (2) letter (b) number 3 through the main tasks of the TNI through OMSP to overcome acts of terrorism, so that there is a legal ambiguity in it and raises a question about the role and authority of the Special Operations Command Of The Indonesian National Armed Forces in the Eradication of Criminal Acts of Terrorism, as well as to what extent the Special Operations Command Of The Indonesian National Armed Forces can be deployed in the Eradication of Criminal Acts of Terrorism. Using normative legal research with statute approach and conceptual approach. This study explains that the role and authority of the Special Operations Command Of The Indonesian National Armed Forces in the Eradication of Criminal Acts of Terrorism is as an auxiliary task. In the context of terrorism crimes, the Special Operations Command Of The Indonesian National Armed Forces is involved in the Eradication of Criminal Acts of Terrorism which is carried out as an auxiliary task and there are limitations in the involvement of the Special Operations Command Of The Indonesian National Armed Forces in the Eradication of Terrorism Crimes such as the situation and conditions, place, time, and the level of threat that the Special Operations Command Of The Indonesian National Armed Forces can take action to the field in combating terrorism operations

PERTANGGUNGJAWABAN PIDANA BAGI PSIKOPAT Evi Nur Saputri; Hari Soeskandi
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 2 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i2.39

The purpose of this research is to find answers and legal certainty related to criminal responsibility for someone who is said to be a psychopath and also to seek legal certainty whether a psychopath can be sentenced to criminal penalties using Article 338 of the Criminal Code. The researcher uses this type of normative legal research which aims to find the rule of law, legal principles, and actual legal doctrines in order to provide answers and solve a problem on the legal issue being studied. By using the concept that the researcher has created, and the researcher wants to explain the criminal liability for a psychopath who has committed a crime of murder, and determine which legal rules are appropriate and can be imposed on a psychopath, as well as explain that a psychopath is different from someone who has a mental disorder. mental, so that it can be used as a reference or comparison for the imposition of criminal penalties. And also looking for answers, he can see a person suffering from a psychopathic disorder from various public views to provide legal certainty. So that it can provide answers and references for the wider community regarding criminal liability against a psychopath

ANALISIS HUKUM KEBIJAKAN KELEBIHAN DIMENSI DAN KELEBIHAN MUATAN TERHADAP DEMONSTRAN GERAKAN SOPIR JAWA TIMUR Irvan Abu Arifaini; Hari Soeskandi
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 3 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i3.77

This study aims to provide an overview of the implementation of controlling excess freight, namely the Zero ODOL policy and its impact on business actors and changes in prices for basic necessities and essential goods. connecting cities with one another, so that it can also lead to an increase in the flow of vehicular traffic as a means of distribution and mobility of both people and goods. In order to avoid the occurrence of overloading of goods transport, every freight car carrying cargo is required to weigh its cargo at the weighbridge. This research uses normative research methods, namely research that examines the study of documents and archives, using secondary data such as legal theory, statutory provisions, and opinions from previous graduates. This research was conducted by analyzing the principles, theories and legal concepts as well as statutory provisions related to the online licensing system in terms of trading of unlabeled snacks through online shopping platforms. The problem that occurs in this study is that there are still many distributions of unlabeled snacks that have the potential to harm consumers. Researchers formulate a new concept that has been analyzed in various ways to find legal certainty regarding the management of the licensing system for trade in unlabeled snacks, where in this case the rights of consumers are still not properly fulfilled and the obligations of business actors are not carried out properly. and right. In order to maintain road infrastructure, reduce the number of traffic accidents and reduce victims of traffic accidents due to vehicles with overloads and/or oversize violations, on October 11, 2019 the Minister of Transportation issued Circular Letter Number: SE 21 of 2019 concerning Supervision of High-Quality Cars. Overloading Infringement and/or Over Dimension Violation. The implementation of policy supervision without ODOL (Zero ODOL) is carried out based on a mutual agreement between ministries, namely the Ministry of Transportation, the Ministry of PUPR, the Ministry of Industry, the Ministry of SOEs, the Indonesian National Police, and the Industrial Association.

TINJAUAN YURIDIS TENTANG ADAT PITI RAMBANG DAERAH SUMBA Tollif Adih Pambudih; Hari Soeskandi
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 2 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i2.103

Discussion about the Sumba regional custom, which custom is this In an era that is increasingly developing with many laws and increasingly globalization, Indonesia is famous for its various tribes and customs, from Sabang to Merauke, its cultural culture and also the different regional languages, so sometimes there is also a custom that forces its citizens to continue to follow customary rules, the custom is a marriage that requires a man to take or marry a woman, after the traditional ceremony is over, marrying or marrying the woman is not good according to some people, but instead of meeting a woman either on the street in front of the house or at the market, then the woman is immediately pulled and even carried to be brought to the man's house, even though it was without the knowledge of the female guardian, after arriving at the woman's house, the new woman was given know. That the child or family is living in a man's house is due to the piti ramban (forced marriage) custom. From the little picture above, the custom has violated various existing rules, namely human rights (human rights), marriage law, as well as criminal law and the laws that apply in Indonesia

DISPARITAS PUTUSAN TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA OLEH ANAK DALAM PERSPEKTIF HAM Elisabeth Adisty Novena; Hari Soeskandi
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 3 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i3.115

Narcotics users can be classified in various ways, including as narcotics addicts or victims of narcotics addiction. Naltrexone users and abusers are defined as those who use or abuse narcotics to the point of becoming physically and psychologically dependent on the drugs they use. In accordance with Article 54 of the Narcotics Law, the following things occur: It is specifically stated that "narcotics addicts and victims of narcotics abuse are required to undergo medical rehabilitation and social rehabilitation" and this refers to the provisions of SEMA No. 4 of 2010. Based on the Decision of the District Court of Semarang Number 407/Pid.SUS/2016/PN.Smg, the author gives examples of narcotics abusers who were ordered to undergo rehabilitation for 6 (six) months. The research method that the author uses is a normative juridical method, namely by conducting secondary data sources, namely data that are directly related to the problem being studied, and which consists of a number of data obtained from library books, laws and regulations, and others. related to the implementation of drug abuse rehabilitation programs. Following up on the research findings, the authors came to the conclusion that the legal considerations are that drug abusers must undergo medical rehabilitation and social rehabilitation in addition to imprisonment. In order to reintegrate into society, one's character and morals must be examined. For drug addicts, social rehabilitation is the process of reintroducing them to society, so they don't repeat their actions. Social rehabilitation also aims to reintegrate addicts and/or drug abusers into society by restoring thought processes, emotions, and behavios that are indicators of change. They have normal personality traits and are able to interact with others in their social environment (in a rehabilitation environment).

PEMBERIAN REMISI BAGI PELAKU TINDAK PIDANA KORUPSI Alfiana Dwi Putri Maesty; Hari Soeskandi
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 3 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i3.117

The Corruption Eradication Law specifically regulates its own procedural law for law enforcement perpetrators of criminal cts of corruption. Broadly, the handling of corruption is distinguished from the handling of other special crimes. This type of research is normative legal research, namely research conducted by reviewing legal materials obtained through library research. In normative research, the written law is studied from several spects such s philosophical theory, comparison, structure or composition, consistency, general explanation nd explanation of each rticle, formality, nd binding power of law nd the language used is legal language. In the end, the criminal verdicts handed down by judges on corruption convicts will not be right on target, because the deterrent effect that was intended to be given to the corruption convicts to carry out self-improvement has not been chieved, because the convict can continue to experience reduction in his prison term nd the purpose of the sentence is not chieved. This lso pplies to prospective corruptors who see that remission will be tool to get out of prison easily so that the element of punishment, which is useful for scaring someone from committing crime will be reduced nd in the end it is feared that the increase in corruption will be difficult to contain. . In ddition, the Indonesian Correctional System ctually means fostering prisoners who have integrity with the community nd lead to the integrity of life nd livelihood. Correctional s process of moving by stimulating the emergence nd development of self-propelling djustment towards personal development through its own ssociations djusting to the integrity of life nd livelihood. Reducing the period of detention which will reduce the effect lso reduces the important essence of the penitentiary system, namely the period of detention is period of development, given the characteristics of this extraordinary crime of corruption

KEDUDUKAN HUKUM DOKTER YANG MENOLAK SEBAGAI EKSEKUTOR KEBIRI KIMIA Jihan Nika Rohfatul Adhana; Hari Soeskandi
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 3 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i3.122

He is behind the arguments against the imposition of chemical castration sanctions on perpetrators of pedophilia crimes, which are considered serious crimes due to the high number of victims and cause psychological trauma to children and harm. Therefore, the Indonesian government took this issue seriously and enacted Law No. 17 of 2016, which provides additional punishments for pedophile criminals in the form of chemical castration. This additional punishment is a cause of state concern for the children of the nation and for generations to come. This creates a dilemma, however, for doctors who have their own profession and experience in the medical field, who are worthy of being the perpetrators of chemical castration on criminals. The President of the Indonesian Medical Association (IDI) said he would reject use of doctors as enforcers of chemical castration sanctions. The medical profession is involved in the process of punishment through chemical castration against ethical rules or (oath) and the Medical Practices Act No. 29 of 2004, which they use as a guide to carry out all their actions. The author focuses on the legal status of a doctor who refused chemical castration. The article uses the method of legal research with a legal approach, a conceptual approach. It is against the Code of Ethics or (Oath) and the Law on Medical Practices No. The author focuses on the legal status of a doctor who refused chemical castration. The article uses the method of legal research with a legal approach, a conceptual approach. The involvement of the medical profession in the process of punishment through chemical castration is against the Code of Ethics or (Oath) and e Law No. 29 of Medical Practice 2004, which they use as a guide in carrying out all their duties. movements The author focuses on the legal status of a doctor who refused chemical castration. The article uses the method of legal research with a legal approach, a conceptual approach. The article uses the method of legal research with a legal approach, a conceptual approach. The involvement of the medical profession in the process of punishment through chemical castration is against the Code of Ethics or (Oath) and e Law No. 29 of Medical Practice 2004, which they use as a guide in carrying out all their duties. movements The author focuses on the legal status of a doctor who refused chemical castration. Article, he uses a legal research method with a legal, conceptual approach. The article uses the method of legal research with a legal approach, a conceptual approach. they used it as a guide for all actions. The author focuses on the legal status of a doctor who refused chemical castration. The article uses the method of legal research with a legal approach, a conceptual approach. they used it as a guide for all actions.The legal position of a doctor who refuses chemical castration is clear here. There is no doubt that doctors will be an assistant prosecutor's team in the execution of sexual crimes against children in the form of chemical castration sanctions, ordered by the Mojokerto court to commit sexual offenses against Mohammed. Brother Aris (MA), which has permanent legal force (ink box) and is no longer rejected by doctors due to violations of the Medical Ethics Code or the Medical Practices Act No. Because the Code of Ethics is not a law, the Code of Ethics is not a legislative act, but a rule in medicine that is usually only accepted by certain groups if it was established by the Indonesian Medical Association (IDI). As, ethical rules must comply with the law in accordance with the legislative hierarchy. modeThe author uses, modifies, or withdraws the principle of preemption Lex Posteriori Derogat Legi Priori when comparing or analyzing the laws to which physicians will be subject or to be used as reference material, acknowledging that the conflict of old law concerning with the same subject. . It was published Law of Medical Practice No. 29 of 2004 dated October 6, 2004 and came into force on October 6, 2005. In the meantime, the Child Protection Law No. 17 dated 2016 and came into force on 9 November 2016. here the author concludes that doctors must comply with the new law according to the principle of Lex Posteriori Derogat Legi Priori. With such a strong foundation, there is no need to put doctors in a dilemma to become a chemical castration

PERLINDUNGAN HUKUM BAGI KARYAWAN ALFAMART SEBAGAI SAKSI PENCURIAN BARANG Bima Meidianto Nugraha; Hari Soeskandi
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 2 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i2.124

The journal entitled "Legal Protection of Alfamart employees as witnesses" describes employment problems that arise as a result of technological advances in the modern era, one of which is caused by the digitalization of the circulation of video in problems. The purpose of this paper is to find out how the law regulates the rights and legal protection of workers who are threatened with acts of defamation. The research method used is the normative legal research method. This research method is normative by looking at the law from an internal perspective whose object of research is to use legal norms where there is still a vagueness of norms in legal protection due to the impact of this digitalization. 1945 Constitution article 27 paragraph 2, and in article 67 paragraph 1 and 2 contained in Law Number 13 of 2003 concerning Manpower. The definition of Employment Law is a written law that has been codified in the Civil Code and partly (possibly more than that has been codified). Manpower Law is essentially a set of rules governing before and until the end of the employment relationship between the worker and the company where the worker works. In other words, Employment Law has the scope of Legal Protection from the beginning before entering the World of Work until the end of the Employment Relationship itself. Legal protection has an important role for all society, the existence of legal protection is one of the spaces to get justice and carry out a process of action to achieve the truth of the facts. Legal protection is made with the aim of providing justice regarding someone's actions if something is unwanted and getting sanctions in accordance with the regulations that have been made

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