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Pemenuhan Hak Memperoleh Pekerjaan Bagi Penyandang Disabilitas Berdasarkan Undang-Undang Nomor 8 Tahun 2016 Tentang Penyandang Disabilitas Delfina Gusman Gusman; Didi Nazmi Nazmi; Yunita Syofyan Syofyan
Riau Law Journal Vol 6, No 2 (2022): Riau Law Journal
Publisher : Faculty of Law, Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/rlj.v6i2.7963

Human Rights (HAM) is a gift from God to his creatur human rights should not be kept away or separated from the personal existence of the individual or human being. Protection of persons with disabilities has 22 (twenty two) rights. This arrangement is regulated through Article 5 regarding an elaboration of the rights that will be received for individuals with disabilities in carrying out the nature of their lives until they die. Persons with disabilities also have the right to work and get rewarded for their hard work and of course it has been regulated through the written constitution of the Republic of Indonesia. Without realizing it in almost all areas of life, people with disabilities are still discriminated against. There is even an assumption from some people that the affairs of people with disabilities are solely the business of the Social Service or the Ministry of Social Affairs. The research method uses normative juridical (empirical legal research) with a statutory approach (statue approach) and an analytical approach (conceptual approach). First, The fulfillment of employment opportunities for people with disabilities shows that there is still a shortage due to the need for job providers, the quality of people with disabilities, and their still being selective in every job field on a micro basis. The city of Padang related to employment rights for persons with disabilities continues to strive to fulfill their work rights. Third, In the legal construction of regulating employment rights for Persons with Disabilities, there must be a balance towards optimizing work through personnel from persons with disabilities. So that the fulfillment of the law both das sollen and das sein is accommodated appropriately

KETERKAITAN PAHAM DEMOKRASI TERHADAP SISTEM HUKUM INDONESIA SETELAH PERUBAHAN UNDANG-UNDANG DASAR 1945 Yunita Syofyan; Delfina Gusman; Alsyam Alsyam
UNES Law Review Vol. 5 No. 2 (2022): UNES LAW REVIEW (Desember 2022)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i2.354

After the Amendment of 1945 Constitution, democracy and Rule of Law become two concepts. They are the concept on how to run the power and run the goverment of Indonesia. Both concept, are interconected among each others and can not be separated, because on one side, democracy gives the grounds and mechanisme of power based on the principles of togetherness and equality, while on the other side, rule of law gives guide lines that goverment in the state is not a human but the law of human being. The both of concepts have relation each other. This article are trying to connected and related both concepts in an unseperated function.

STUDI PERBANDINGAN PERKAWINAN ANAK DALAM HUKUM ADAT DI INDONESIA DAN INDIA DITINJAU DARI PERSPEKTIF HAK ASASI MANUSIA Yunita Syofyan; Didi Nazmi
UNES Journal of Swara Justisia Vol 6 No 4 (2023): UNES Journal of Swara Justisia (Januari 2023)
Publisher : Program Magister Ilmu Hukum Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/ujsj.v6i4.288

The Convention on the Rights of the Child (Convention of the Rights of the Child) defines a child as every human being under the age of 18 (eighteen) years so that marriage (marriage) carried out by someone who has not reached the age of 18 is internationally categorized as Child marriage is also a form of violence against children and is a violation of human rights. The patterns and diversity of forms of marriage found in each region make Indonesia rich in culture, however, if one pays attention to the forms of marriage in Bulukumba Regency, especially in Ara Village, which is one of the regions in Indonesia, forms of marriage still violate positive law. . Where in this area there are still child marriages for reasons of local customs. Apart from this area, it also occurs in the Dayak tribe, Kalimantan. Several countries in the world still exist due to customs that marry children, including Pakistan, Africa and India. Child marriage can only be understood when examined from the point of view of the dynamics between state law, religious law and customary law. The legal culture of society and the role of religious leaders are important factors in determining the acceptance or rejection of child marriage.

MODEL OMNIBUS LAW DALAM PENYUSUNAN PERATURAN PERUNDANG-UNDANGAN YANG BERLAKU DI INDONESIA Alsyam Alsyam; Yunita Syofyan
UNES Law Review Vol. 5 No. 3 (2023): UNES LAW REVIEW (Maret 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i3.423

In the history of the formation of laws and regulations in Indonesia, the Law of the Republic of Indonesia Number 11 of 2020 Concerning Job Creation, is a product of laws and regulations that used the Omnibus Method for the first time in drafting its laws. The Mechanism for Forming Law Number 11 of 2020 refers to Law of the Republic of Indonesia Number 12 of 2011 concerning Formation of Legislation and as amended by Law of the Republic of Indonesia Number 15 of 2019 concerning Amendments to Law Number 12 of 2011 concerning Formation of Legislation, these two laws do not regulate the Omnibus Method. Arrangements related to the new Omnibus Method are included in the Law of the Republic of Indonesia Number 13 of 2022 concerning the Second Amendment to Law Number 12 of 2011 concerning the Formation of Legislation.

JURIDICAL ANALYSIS OF THE DECISION OF THE CONSTITUTIONAL COURT NUMBER 91/PUU-XVIII/2020 ON LAW NUMBER 11 YEAR 2020 Yunita Syofyan; Didi Nazmi
UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.584

The interest of the people is the formation of rules that are able to accommodate the eye of the law. Article 20 paragraph (1) of the 1945 Constitution states that "The House of Representatives holds the power to make laws. The formation of a regulation carried out by the parliament is a manifestation as a state of law, the state is obliged to carry out the development of national law which is carried out in a planned, integrated and sustainable manner in the national legal system that guarantees the protection of the rights and obligations of all Indonesian people based on the Constitution of the Republic of Indonesia in 1945. This research is a normative law (doctrinal research), namely. In normative legal research, research is carried out through library research. The results of this study indicate that the Implications of the Constitutional Court Decision Number 91 of 2020 have the consequence of a formation of legislation without reflecting the principle of legal certainty and the principle of openness must be declared procedurally flawed in order to protect the public from the interests of legal product makers. The follow-up to the Constitutional Court Decision Number 91 of 2020 that tolerance for a legally defective product must not be re-applied even though the constitutional judge provides conditions as long as it is repaired for 2 (two) years, especially the Job Creation law. Thus, legal products must have concrete legal force in order to obtain legal certainty.

Analisis Putusan Mahkamah Konstitusi Nomor 68/PUU-XII/2014 tentang Perkawinan Beda Agama dalam Perspektif Hak Asasi Manusia Yunita Syofyan
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.837

The validity of marriage in Indonesia is considered to have religious overtones, religious elements that dominate the requirements for a valid marriage, so there is a degradation of the achievement of the unification goal of the Marriage Law which refers to the uniformity of holding marriages for every citizen. Pluralism in Indonesia with its diversity of ethnicities and nations is not actually an obstacle for a woman and a man in Indonesia to get married. The vulnerability to interfaith marriages is quite high due to the large number of religious diversity that is recognized by the constitution but interfaith marriages are marriages that are prohibited and not recognized by the Marriage Law in Indonesia. In the perspective of Human Rights (HAM) religious marriage is not prohibited and freedom is given to brides and grooms of different religions to be able to carry out the marriage (non-derogable rights). This research is a legal research (doctrinal research) with a conceptual approach (conceptual approach), the legal approach (statues approach), and the case approach (cases approach). The results of this study explain first, the Court, in the life of the nation and state based on Pancasila and the 1945 Constitution, religion is the basis and the state has an interest in matters of marriage, it cannot only be seen from a purely formal aspect, but must also be seen from a spiritual and social aspect. Religion determines the validity of marriage. Second, interfaith marriage is part of the universal right that every individual has to carry out marriages to brides of different religions and marriage is part of a right that cannot be limited and reduced by differences in religion.

Penyelesaian Pelanggaran Hak Asasi Manusia Yang Berat Masa Lalu Melalui Mekanisne Non-Yudisial (Studi Terhadap Keputusan Presiden Nomor 17 Tahun 2o22 Tentang Pembentukan Tim Penyelesaian Non Yudisial Pelanggaran Hak Asasi Manusia yang Berat Masa Lalu) Yunita Syofyan; Didi Nazmi
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1577

Based on Law No.26 of 2000 TentaofHuman Rights Court, apart from going through court, past serious human rights violations can be resolved through non-judicial mechanisms. Formation of a non-judicial resolution team for past serious human rights violations based on Presidential Decree Number 17 of 2022 whose task is to carry out non-judicial tasks to reveal cases of serious human rights violations and recommend concrete and dignified remedies for victims of serious human rights violations. Then. The question is, does the Non-Judicial Resolution Team for Past Serious Human Rights Violations have non-judicial authority in disclosing cases of past gross human rights violations?

Country Boundary Agreement as An Effort to Resolve The South China Sea Dispute Syofyan, Yunita
Ekasakti Journal of Law and Justice Vol. 2 No. 1 (2024): June
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/fjebsw40

The dispute in the South China Sea Area is a form of large international dispute where the parties are the countries that have interests. The dispute in the South China Sea first occurred when China claimed that the area belonged to the territory unilaterally. The claim made by China refers to the principle of Nine Dash Line, which means that it fully belongs to China's territorial sea so that the North Natuna Sea belonging to Indonesia is also claimed in such a way. The resolution of this dispute has been brought to the forum or International Court, but has not found a common ground or end of the disputed case. Juridical Normative method is a form of research with primary legal materials in the form of legislation (statue approach) and conceptual approach, secondary legal material in the form of a library research. That the settlement of disputes can be carried out peacefully or violently which has been recognized in the custom of international law. However, international dispute resolution efforts do not have a significant impact on the settlement of these disputes. In the 1982 UNCLOS provisions that every coastal state must enforce the law to get justice for the existence of marine waters that own the territory of other countries. Of course, by the existence of negotiations between disputing countries in requesting a detailed explanation of the basics of and the boundaries of the Nine Dash Line.

Pembatasan Masa Jabatan Presiden dalam Rangka Mewujudkan Negara Hukum Demokratis Gusman, Delfina Gusman; Syofyan, Yunita Syofyan
Jurnal Legislasi Indonesia Vol 20, No 3 (2023): Jurnal Legislasi Indonesia - September 2023
Publisher : Direktorat Jenderal Peraturan Perundang-undang, Kementerian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54629/jli.v20i3.1065

Indonesia as rule of law by characteristic republic and presidential system. Article of 1 paragraft 2 regulation of 1945 so “sovereignty in the handful of society and implementation according of regulation of 1945". The definition of Sovereignty is about exsistension society of law, society have the constitutional rights against election regional chief and especially president as country leader. General election (Pemilu) is democracy instrument for society for right to vote to president as leader for country. Article 22 E paragrafh 1 regulation of 1945 so “general election implement by direct, general,freedom, impartial, honest, and fair every once five year. In this last three years,have planning to amendment a regulation of 1945 because of some factor politic dinamica growth until now. The result of research tell so the regulation of president in Indonesia purpose to avoid for the action of otoritary by the position as president and also give a opportunity next candidate as president for placement in the position as president of Indonesia according democracy philosophy. Accordibg article of 7 regulation of 1945 still have weakness against term of position as president so that need some new idea as solution from weakness of regulation about term of position president in the future (ius constituendum) become solution against the weakness. And then, the limits of power by legal basic have to implement by constitutional agreement especially convention. Therefore the legal problem in above so the ideal regulation against president and vice president by legal product especially regulations or convention but must be refer to Article of 7 Regulation of 1945

Tanggung Gugat Pemerintah Atas Kebocoran Data Pribadi Masyarakat Dalam Perspektif Undang-Undang Pelindungan Data Pribadi Syofyan, Yunita; Nazmi, Didi; Arfiani, Arfiani
Nagari Law Review Vol 8 No 3 (2025): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.8.i.3.p.556-581.2025

The development of digital technology can affect the performance of data management systems carried out by both government and private agencies, various digital-based activities that have an impact on efficiency in performance. Data leaks obtained through electronic media are valuable things such as population registration numbers, family cards, and identity cards. The importance of protecting personal data so that there is no data exploitation by irresponsible parties. The results of this study answer the problem, namely, first, the PDP Law has not been able to provide legal protection to citizens if the government as the data controller has been negligent over personal data. This, legal accountability for the government's negligence in protecting the personal data of its citizens still refers to government actions that are not in accordance with the general principles of good governance or abbreviated as AUPB as regulated in Law Number 30 of 2014 concerning Government Administration. Second, Legal Protection for the Community Experiencing Personal Data Leaks in Facebook account data leaks can be carried out through a State Administrative Dispute Lawsuit as based on Article 17 paragraph (1) and paragraph (2) letter c of Law Number 30 of 2014 concerning Government Administration in the form of abusing authority. The basis for the State Administrative Lawsuit against the Government is because the act of leaking data on Facebook accounts belonging to Indonesian citizens has violated the provisions of the General Principles of Good Governance (AUPB), especially accuracy, public interest, and good service as regulated in Article 2 of Law Number 30 of 2014 concerning Government Administration. However, the government can also be sued in a civil manner if there is negligence in controlling personal data belonging to citizens as regulated in Article 12 of Law Number 27 of 2022 concerning Personal Data Protection.

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